Western Australian Numbered Acts Western Australian Numbered Acts (1) Schedule 1
Part A clause 5(8) is repealed and the following subclause is inserted
instead —
“
(8) The board is to ensure that an accurate record is kept
and preserved of the proceedings at each meeting of the board and of each
resolution passed under clause 7.
”.
(2) Schedule 1
Part B clause 2(1) is amended by deleting
“subclause (3)” and inserting instead —
“ subclauses (3) and (6) ”.
(3) Schedule 1
Part B clause 2(1)(b) is amended by inserting after
“proposal” —
“
or in respect of any proposed resolution under
subclause (6) in relation to the proposal, whether in relation to that or
a different director
”.
(4) After
Schedule 1 Part B clause 2(5) the following subclauses are
inserted —
“
(6)
Subclause (1)(b) does not apply if the board has at any time passed a
resolution that —
(a)
specifies the director, the interest and the proposal; and
(b)
states that the directors voting for the resolution are satisfied that the
interest should not disqualify the director from considering or voting on the
proposal.
(7) Despite Part A
clause 5(5), if a director is disqualified under subclause (1)(b) in
relation to a proposal, a quorum is present during the consideration of that
proposal if at least 2 directors are present who are entitled to vote on
any motion that may be moved at the meeting in relation to that proposal.
(8) The Minister may
deal with a proposal in so far as the board cannot deal with it because of
subclause (7).
(9) The Minister may
by writing declare that subclauses (1)(b) and (7) do not apply in
relation to a specified proposal either generally or in voting on particular
resolutions.
(10) The Minister must
within 14 days after a declaration under subclause (9) is made cause
a copy of the declaration to be laid before each House of Parliament or to be
dealt with under section 45A.
”.