Document ID: chunk:federal_register_of_legislation:C2004A04298:body:0:p5
Version: federal_register_of_legislation:C2004A04298
Segment Type: other
Provision Reference: 
Character Range: 11792–14657

the performance of their respective functions;

    (b) to advise the Minister about anything relating to the operation of this Act or to the Commission's functions and powers;

    (c) such other functions as are conferred on the Commission by any other Act.

Powers

"89C. The Commission has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

Directions by Minister

"89D.(1) The Minister may, by notice in writing given to the Chairperson, give a direction to the Commission with respect to the performance of its functions or the exercise of its powers under this Act.

"(2) The Commission must comply with a direction given under subsection (1).

Constitution

"89E.(1) The Commission comprises the following:

    (a) a Chairperson;

    (b) the Chief Executive Officer;

    (c) 2 members nominated by the Australian Council of Trade Unions;

    (d) a member who, in the Minister's opinion, represents the administering authorities;

    (e) a member who, in the Minister's opinion, represents the Commonwealth, and Commonwealth authorities other than administering authorities;

    (f) the Chief Executive Officer of the National Occupational Health and Safety Commission or, if he or she notifies the Minister in writing that he or she does not want to be a member, a prescribed staff member nominated by that Chief Executive Officer;

    (g) 2 members with qualifications or experience relevant to the Commission's functions, or the exercise of its powers.

"(2) The performance of the Commission's functions, or the exercise of its powers, is not affected merely because of a vacancy in its membership.

"(3) In this section:

'prescribed staff member' means a member of the staff of the National Occupational Health and Safety Commission referred to in subsection 53(1) of the National Occupational Health and Safety Commission Act 1985.

Appointment

"89F.(1) The members must be appointed by the Governor-General.

"(2) The member mentioned in paragraph 89E(d) is to be nominated by the Minister after consulting the administering authorities.

Term of office

"89G. A member holds office on a part-time basis for the term (not longer than 3 years) specified in the instrument of appointment, but is eligible for re-appointment.

Deputies of members

"89H.(1) A member (other than the Chairperson) may, with the Minister's approval, appoint a person to be the member's deputy.

"(2) A person must not be appointed to be the deputy of the member referred to in paragraph 89E(1)(f) unless the person is a prescribed staff member within the meaning of section 89E.

"(3) A member may revoke the appointment of his or her deputy, but the revocation is not effective until the member has given written notice of the revocation to the Minister.

"(4) If a member who has appointed a