Western Australian Numbered Acts Western Australian Numbered Acts At the end of
Part 3 Division 4 insert:
(1) Two or more local
governments making arrangements under which they are to provide a service or
carry on an activity jointly may, with the Minister’s approval and in
accordance with the regulations, form a subsidiary body (called a regional
subsidiary ) to provide that service or carry on that activity.
(2) If the Minister
approves the formation of a regional subsidiary, the Minister must, by notice
in the Gazette , declare that the regional subsidiary is
established —
(a) on
the date set out in the notice; and
(b)
under the name set out in the notice.
(3) A regional
subsidiary —
(a) is a
body corporate with perpetual succession and a common seal; and
(b) is
to have a governing body consisting of members appointed in accordance with
the regional subsidiary’s charter (as approved by the Minister in
accordance with section 3.70(3)).
(4) Without limiting
subsection (3)(b), a governing body may consist of or include members who
are not council members or employees.
3.70. Regional subsidiaries to have charter
(1) Local governments
proposing to form a regional subsidiary must prepare a charter addressing the
following matters —
(a) the
establishment and powers and duties of the regional subsidiary;
(b) the
process for selecting and appointing members of the regional
subsidiary’s governing body;
(c) the
qualifications that members of the regional subsidiary’s governing body
must have;
(d) the
administration of the regional subsidiary, including the membership and
procedures of its governing body, and the fees, allowances and expenses to be
paid or reimbursed to the members of its governing body;
(e) the
financial management, planning, auditing and reporting to be undertaken by the
regional subsidiary;
(f) the
process for amending the charter;
(g) the
winding up of the regional subsidiary;
(h) any
other matters required by the regulations to be dealt with in a charter.
(2) The local
governments must forward the charter to the Minister when applying for
approval for the formation of the regional subsidiary.
(3) A charter, and an
amendment to a charter, are of no effect unless approved by the Minister.
3.71. Regulations about regional subsidiaries
Regulations
may —
(a)
regulate the procedure for applying to the Minister for approval for the
formation of a regional subsidiary; and
(b)
require the local governments proposing to form a regional subsidiary to
consult with the community in their districts in accordance with the
regulations; and
(c)
provide that a specified provision of this Act applies in relation to a
regional subsidiary subject to any prescribed or necessary modifications; and
(d)
provide for or regulate any other matter that is necessary or convenient to be
provided for or regulated in respect of a regional subsidiary.
3.72. Other provisions and arrangements not
affected
(1) Section 3.69
has effect in addition to the provisions of this Division relating to regional
local governments, and does not derogate from those provisions.
(2) Nothing in
section 3.69 prevents local governments from making arrangements under
which —
(a) a
local government provides a service or carries on an activity for another
local government; or
(b)
local governments provide a service or carry on an activity jointly without
forming a regional subsidiary.