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s 178

Appointment of Authority members

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 9Murray‑Darling Basin Authority (administrative provisions)
Division 2Authority’s constitution and membership
Subdivision BAuthority’s membership

178 Appointment of Authority members

Appointment by instrument

(1)

Each Authority member is to be appointed by the Governor‑General by written instrument.

Note:

An Authority member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Eligibility for appointment

(2)

To be eligible for appointment as an Authority member (other than as a standing Indigenous Authority member), an individual must, at the time of appointment:

(a)

have a high level of expertise in one or more fields relevant to the Authority’s functions; and

(b)

not be a member of the governing body of a relevant interest group.

(2A)

To be eligible for appointment as a standing Indigenous Authority member, an individual must be an Indigenous person who, at the time of appointment:

(a)

has a high level of expertise in Indigenous matters relevant to Basin water resources; and

(b)

is not a member of the governing body of a relevant interest group.

(3)

For the purposes of this Act, a field relevant to the Authority’s functions includes each of the following:

(a)

water resource management;

(b)

hydrology;

(c)

freshwater ecology;

(d)

resource economics;

(e)

irrigated agriculture;

(f)

public sector governance;

(g)

financial management;

(h)

Indigenous matters relevant to Basin water resources.

(4)

For the purposes of this Act, an individual is a member of the governing body of a relevant interest group if:

(a)

the individual is one of the persons involved in the management of another entity; and

(b)

that other entity (whether incorporated or otherwise):

(i)

represents one or more classes of holders of water access rights, water delivery rights or irrigation rights; or

(ii)

advocates managing the Basin water resources in a particular way.

Basis of appointments

(5)

The Chief Executive must be appointed on a full‑time basis.

(6)

An Authority member (other than the Chief Executive) must be appointed on a part‑time basis.

Validation

(7)

The appointment of an individual as an Authority member is not invalid because of a defect or irregularity in connection with the individual’s appointment.

(8)

An act of the Authority is not invalid because of a defect or irregularity in connection with the appointment of the Chief Executive, Authority Chair or any other member of the Authority.

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