Document ID: chunk:federal_register_of_legislation:C2012A00112:clause:1_12
Version: federal_register_of_legislation:C2012A00112
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 6081–8459

12  Subsection 12(5)
Repeal the subsection, substitute:
 (5) Before the Governor‑General appoints a person as a Director referred to in paragraph (1)(b) or (c):
 (a) if the appointment is of the Chairperson—the Prime Minister; or
 (b) if the appointment is not of the Chairperson—the Minister;
must be satisfied that the person is suitable for appointment because of:
 (c) having had experience in connection with the provision of broadcasting services or in communications or management; or
 (d) having expertise in financial or technical matters; or
 (e) having cultural or other interests relevant to the oversight of a public organisation engaged in the provision of broadcasting services.
 (5A) The following persons are not eligible for appointment as a Director referred to in paragraph (1)(b) or (c):
 (a) a member or former member of the Parliament of the Commonwealth;
 (b) a member or former member of the Parliament of a State, of the Legislative Assembly for the Australian Capital Territory or of the Legislative Assembly of the Northern Territory;
 (c) a person who is or was a senior political staff member.
 (5AA) However, so far as subsection (5A) relates to a person who:
 (a) is a former member of a Parliament or a Legislative Assembly referred to in that subsection; or
 (b) was a senior political staff member;
that subsection applies only for the period of 12 months beginning on the day the person ceased to be a member of that Parliament or that Legislative Assembly or a senior political staff member.
 (5AB) A person who:
 (a) is a former member of a Parliament or a Legislative Assembly referred to in subsection (5A); or
 (b) was a senior political staff member;
must not be appointed as a Director referred to in paragraph (1)(b) or (c) unless, in accordance with Part IIIA, the Nomination Panel has nominated the person for the appointment.
 (5B) Subject to subsections (5C) and (5D), a person must not be appointed as a Director referred to in paragraph (1)(b) or (c) unless Part IIIA is complied with.
 (5C) The Prime Minister may recommend to the Governor‑General that a particular person be re‑appointed as Chairperson without Part IIIA being complied with.
 (5D) The Minister may recommend to the Governor‑General that a particular person be re‑appointed as a Director referred to in paragraph (1)(c) without Part IIIA being complied with.