Local Government Property Local Law 2016
5180GOVERNMENT GAZETTE, WA 15 November 2016
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5180 GOVERNMENT GAZETTE, WA 15 November 2016 PART 12—EFFECT OF PROCEDURAL MOTIONS 12.1 Council or Committee to proceed to the next business—effect of motion The motion in clause 11.1(a), if carried, causes the debate to cease immediately and for the Council or Committee to move to the next business of the meeting. No decision will be made on the substantive motion being discussed, nor is there any requirement for the matter to be again raised for consideration. 12.2 Question to be adjourned—effect of motion (1) The motion in clause 11.1(b), if carried, causes all debate on the substantive motion or amendment to cease but to continue at a time stated in the motion. (2) If the motion is carried at a meeting of the Council— (a) the names of members who have spoken on the matter are to be recorded in the minutes; and (b) the provisions of clause 9.5 apply when the debate is resumed. 12.3 Council or Committee to now adjourn—effect of motion (1) The motion in clause 11.1(c), if carried, causes the meeting to stand adjourned until it is re-opened at which time the meeting continues from the point at which it was adjourned, unless the Presiding Member or a simple majority of members upon vote, determine otherwise. (2) Where debate on a motion is interrupted by an adjournment under subclause (1)— (a) the debate is to be resumed at the next meeting at the point where it was so interrupted; and (b) in the case of a Council meeting— (i) the names of members who have spoken on the matter prior to the adjournment are to be recorded in the minutes; and (ii) the provisions of clause 9.5 apply when the debate is resumed. 12.4 Question to be put—effect of motion (1) The motion in clause 11.1(d), if carried during discussion of a substantive motion without amendment, causes the Presiding Member to offer the right of reply and then immediately put the matter under consideration without further debate. (2) The motion in clause 11.1(d), if carried during discussion of an amendment, causes the Presiding Member to put the amendment to the vote without further debate. (3) The motion in clause 11.1(d), if lost, causes debate to continue. 12.5 Member to be no longer heard—effect of motion The motion in clause 11.1(e), if carried, causes the Presiding Member to not allow the speaker against whom the motion has been moved to speak to the current substantive motion or any amendment relating to it, except to exercise the right of reply if the person is the mover of the substantive motion. 12.6 Ruling of the Presiding Member disagreed with—effect of motion The motion in clause 11.1(f), if carried, causes the ruling of the Presiding Member about which this motion was moved, to have no effect and for the meeting to proceed accordingly. 12.7 Council or Committee to meet behind closed doors—effect of motion (1) Subject to any deferral under clause 3.7 or other decision of the Council or Committee, this motion, if carried, causes the general public and any officer or employee the Council or Committee determines, to leave the room. (2) While a decision made under this clause is in force the operation of clause 9.5 limiting the number of speeches a member of the Council may make, is suspended unless the Council decides otherwise. (3) Upon the public again being admitted to the meeting, the Presiding Member, unless the Council or Committee decides otherwise, is to cause the motions passed by the Council or Committee whilst it was proceeding behind closed doors to be read out including the vote of a member or members to be recorded in the minutes in accordance with the Act. (4) A person who is a Council member, a Committee member, or an employee is not to publish, or make public any of the discussion taking place on a matter discussed behind closed doors, but this prohibition does not extend to the actual decision made as a result of such discussion and other information properly recorded in the minutes. PART 13—MAKING DECISIONS 13.1 Question—when put When the debate upon any question is concluded and the right of reply has been exercised the Presiding Member shall immediately put the question to the Council or the Committee, and, if so desired by any member of the Council or Committee, shall again state it. 13.2 Question—method of putting If a decision of the Council or a Committee is unclear or in doubt, the Presiding Member shall put the motion or amendment as often as necessary to determine the decision from a show of hands or other method agreed upon so that no voter’s vote is secret, before declaring the decision.