Document ID: chunk:federal_register_of_legislation:C2004C01237:clause:1_128
Version: federal_register_of_legislation:C2004C01237
Segment Type: clause
Provision Reference: sch 1 cl 128
Character Range: 58451–60379

128  At the end of section 41
Add:

 (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.