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COMMONWEALTHAct
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s 117

Appointment of members

In force
Part 4The Board, the Chief Executive Officer and the Authority’s staff
Division 1The Board

117 Appointment of members

(1)

Each member is to be appointed with effect from such day as the Minister specifies in the instrument of appointment of that member.

(2)

A member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.

(4)

A person appointed as a member is eligible for reappointment for a second term but must not be reappointed for a third or subsequent term.

(5)

If:

(a)

a member holds office for a particular period (the original period); and

(b)

the Minister does not make a decision before the end of the original period to re‑appoint, or not to re‑appoint, the member;

then, subject to this Part, the member continues to hold office on the basis that the original period is extended until:

(c)

the end of the period of 6 months beginning at the end of the original period; or

(d)

the Minister notifies the member that the Minister has decided not to re‑appoint the member; or

(e)

the Minister signs an instrument re‑appointing the member;

whichever first happens.

(6)

As soon as practicable after subsection (5) begins to apply to a member, the Authority must cause to be published in the Gazette a notice describing the circumstances in which that subsection has begun to apply to the member.

(7)

As soon as practicable after subsection (5) ceases to apply to a member, the Authority must cause to be published in the Gazette a notice describing the circumstances in which that subsection has ceased to apply to the member.

(8)

The Minister must not appoint a person as the Chairperson if, at any time during the period of 2 years ending immediately before the proposed period of appointment, the person was employed by, or had a pecuniary interest in, a body corporate whose primary commercial activity relates directly to the production or manufacture of food.

(8A)

For the purposes of subsection (8):

(a)

a director (however described) of a body corporate is taken to be employed by the body corporate; and

(b)

the secretary (however described) of a body corporate is taken to be employed by the body corporate.

(9)

The Minister must not appoint a person as a Chairperson if the person has a pecuniary interest in a body corporate whose primary commercial activity relates directly to the production or manufacture of food.

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