Part 11SUBSTANTIVE MOTIONS AND AMENDMENTS

PART 11—SUBSTANTIVE MOTIONS AND AMENDMENTS 11.1 Motions to be supported (1) A motion of which notice has been given is to lapse unless— (a) the Member who gave notice of it, or some other Member authorised by the originating Member in writing, moves the motion when called on; and (b) the motion is seconded. (2) If a motion lapses under subclause (1), notice of a motion in the same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse unless Council resolves otherwise. (3) A motion does not lapse under subclause (1) if— (a) the Member who gave notice of the motion submits a written request to the Presiding Member prior to the meeting to defer consideration of the motion to a specified meeting, and the Presiding Member consents to the deferral; or (b) the Council or committee resolves to defer consideration of the motion to a later stage or date. (4) A motion to revoke or change a decision made at a Council meeting is not to be debated unless the motion has the support required under the Regulations. 11.2 Certain motions may be ruled out of order If the Presiding Member at any meeting is of the opinion that any motion proposed— (a) is of an objectionable nature; or (b) if carried, would conflict with these meeting procedures or breach any written law; or (c) if carried, would be incapable of being actioned or implemented by the local government, the Presiding Member may, either before or after the matter is brought forward, rule that the motion is out of order and will not be considered. 11.3 Motions to deal with reports and committee recommendations A Member may, with respect to recommendations to Council contained in a report prepared by an employee or recommendations submitted by a committee, move a motion that— (a) the Council adopt all or specified recommendations; or (b) the Council reject the recommendations; or (c) the Council adopt an alternative motion of which notice was given under clause 11.5(2)(a); or (d) the matter be deferred and additional information be provided to Council. 11.4 Adoption of recommendations (1) Where the Council decides to adopt a recommendation submitted by a committee or contained in a report prepared by an employee of the local government, either with or without amendment, the recommendation so adopted is taken to be a resolution of the Council or committee. (2) Where the Council makes a resolution that is significantly different from the relevant written recommendation of a committee or employee, the reasons must be recorded as prescribed in the Regulations. 11.5 Alternative motions (1) In this clause and clause 11.6, alternative motion means a substantive motion that negates the terms and intent of— (a) a recommendation in a report submitted by a committee or prepared by an employee ; or

2916 GOVERNMENT GAZETTE, WA 6 May 2022 (b) a substantive motion, that is being considered, or is to be considered, by the Council. (2) A Member who wishes the Council to consider an alternative motion must either— (a) give notice in accordance with clause 7.3 of a motion that negates or substantially differs from the recommendations contained in a report submitted by a committee or prepared by an employee; or (b) foreshadow the alternative motion during the debate before the right of reply in respect of the substantive motion has commenced. 11.6 Dealing with alternative motions (1) Where a Member has given notice of a motion under clause 11.5(2)(a), that motion is taken to be a foreshadowed alternative motion and is to be the substantive motion that is first considered by the Council. (2) If notice of more than one alternative motion is received under clause 11.5(2)(a), the Presiding Member is to call for them in the order in which they were received unless one of the alternative motions received is carried, in which case the subsequent alternative motions with notice on the same matter lapse. (3) If all alternative motions with notice on a matter are lost, the Presiding Member is to call for a motion to adopt the recommendations submitted by the committee or contained in the report prepared by an employee . (4) Where a Member has foreshadowed an alternative motion under clause 11.5(2)(b), then if the substantive motion is lost, the Presiding Member must call on the Member who foreshadowed the alternative motion to move the alternative motion. (5) If the substantive motion is passed, the foreshadowed alternative motion is not to be moved. (6) Once moved and seconded, the foreshadowed alternative motion becomes the substantive motion and the same procedures and rules of debate apply to this motion as to any other substantive motion. (7) If more than one foreshadowed alternative motion is proposed for any item before the Council, the Presiding Member must deal with them in the order in which they were foreshadowed except that if an alternative motion is carried, all subsequent foreshadowed alternative motions on the same matter lapse. (8) Where an alternative motion is carried and results in a decision that significantly differs from the relevant written recommendation of an employee or a committee, clause 11.4(2) applies. 11.7 Adoption of recommendations en bloc (1) Subject to subclause (2), a Member may move a motion to adopt by one resolution, all the recommendations or a group of recommendations from a committee or several reports, without amendment or qualification, after having first identified those recommendations. (2) If any recommendation identified under subclause (1) relates to a matter— (a) which requires adoption by absolute majority vote; (b) in which an interest subject to s.5.67 of the Act has been disclosed; (c) that has been the subject of a petition or deputation; (d) which any Member has indicated a wish to debate; or (e) in which any Member has indicated a wish to ask a question or to raise a point of clarification, it must be considered separately. 11.8 Unopposed business (1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may ask the meeting if any Member opposes it. (2) If no Member opposes the motion, the Presiding Member may declare it carried without debate and without taking a vote. (3) A motion declared carried under subclause (2) is to be recorded in the minutes as a unanimous decision of the Council or committee. (4) If a Member indicates that they oppose a motion, the motion is to be dealt with under this Part of these meeting procedures. (5) This clause does not apply to a motion to revoke or change a decision which has been made at a Council meeting, which must be dealt with under Part 15 of these meeting procedures. 11.9 Only one substantive motion to be dealt with at a time When a substantive motion is under debate at a meeting of the Council or committee, no further substantive motion is to be accepted until after a decision has been made on that motion. 11.10 Withdrawing motions (1) A motion or amendment may be withdrawn by the mover, with the consent of the seconder, and no Member is to speak on it after it has been withdrawn. (2) If an amendment has been proposed to a substantive motion, the substantive motion cannot be withdrawn, except by the consent of the majority of Members, until the amendment proposed has been withdrawn or lost.