Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2020
668GOVERNMENT GAZETTE, WA 23 March 2020
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668 GOVERNMENT GAZETTE, WA 23 March 2020 (b) impute any motive to a member or an officer unless the meeting resolves, without debate, that the matter then before the meeting cannot otherwise be adequately considered. 7.16 Offensive Language (1) A member must not use offensive or insulting expressions in reference to any member, officer or other person. (2) If a member or the CEO specifically requests, immediately after the use, that— (a) any particular words used by a member, that are in breach of this clause, be recorded in the minutes; (b) the member making the request is to provide the words to the meeting for verification; and (c) the presiding member is to cause the words used to be taken down and recorded in the minutes. 7.17 Withdrawal of offensive language (1) A member who, in the opinion of the presiding member, uses an expression which— (a) reflects adversely on the character or actions of another member or an officer; (b) imputes any motive to a member or officer; or (c) uses an expression that is offensive must, when directed by the presiding member, withdraw the expression and make a satisfactory apology. (2) If a member fails to comply with a direction of the presiding member under subclause (1), the presiding member may refuse to hear the member further on the matter under discussion, and call on the next speaker. PART 8—PRESERVING ORDER 8.1 Presiding member to preserve order (1) The presiding member is to preserve order and, whenever he or she considers it is necessary, may call any member to order. (2) When the presiding member speaks during a debate, any member then speaking, or indicating that he or she wishes to speak, is immediately to sit down and every member present is to preserve strict silence so that the presiding member may be heard without interruption. (3) Subclause (2) is not to be used by the presiding member, to exercise the right provided in clause 7.7, but to preserve order. 8.2 Point of order (1) A member may only object, by way of a point of order, to a breach of— (a) this Local Law; or (b) any other written law. (2) Despite anything in this Local Law to the contrary, a point of order— (a) takes precedence over any discussion; and (b) until determined, suspends the consideration or discussion of any other matter. 8.3 Procedures on a point of order (1) A member who is addressing the presiding member is not to be interrupted except on a point of order. (2) A member interrupted on a point of order is to resume his or her seat until— (a) the member raising the point of order has been heard; and (b) the presiding member has ruled on the point of order, and, if permitted, the member who has been interrupted may then proceed. 8.4 Calling attention to breach A member may, at any time, draw the attention of the presiding member to any breach of this Local Law. 8.5 Ruling by the presiding member (1) The presiding member is to rule on any point of order which is raised by either upholding or rejecting the point of order. (2) A ruling by the presiding member on a point of order is to be final unless the majority of members then present and voting on a motion moved immediately after the ruling, dissent from the ruling. (3) Subject to a motion of dissent being carried under subclause (2), if the presiding member rules that— (a) any motion, amendment or other matter before the meeting is out of order, it is not to be considered further; and (b) if a statement made or act done by a member is out of order, the presiding member may require the member to make an explanation, retraction or apology.