Document ID: chunk:federal_register_of_legislation:C2004A01885:body:0:p4
Version: federal_register_of_legislation:C2004A01885
Segment Type: other
Provision Reference: 
Character Range: 7593–10302

an associate member of the Commission if he is employed by the Commonwealth or by a State in a full-time capacity.

"(8) An associate member of the Commission holds office for such period as is specified in the instrument of his appointment, but is eligible for re-appointment.

"(9) Subject to sub-section (10), sections 9a, 11, 12 and 13 apply to and in relation to an associate member of the Commission as if references in those sections to a member were references to an associate member.

"(10) The Minister–
     (a) shall not appoint a person to be an acting associate member of the Commission except on the nomination of the Premiers of the States who nominated the associate member in whose place he is being appointed; and
     (b) shall not appoint a person to be an acting full-time associate member.
"(11) For the purposes of an inquiry to which this section applies—
     (a) the Commission shall be deemed to consist of the Division of the Commission constituted, in respect of the inquiry, in accordance with this section; and
     (b) at a meeting of the Division of the Commission so constituted—
       (i) if the Chairman is present—the Chairman shall preside;
        (ii) if the Chairman is not present—a member of the Division (other than an associate member of the Commission) appointed for the purpose by the Chairman shall preside;
         (iii) a majority of the members and associate members constituting the Division form a quorum; and
         (iv) the Chairman, or the member presiding at the meeting, has a deliberative vote, but does not have a casting vote.

"(12) The appointment of an associate member of the Commission is not invalidated, and shall not be called in question, by reason of a defect or irregularity in connexion with his nomination.

"(13) Without limiting the application of sub-section 8 (6) in relation to an inquiry to which this section applies, the exercise of the powers of the Commission for the purposes of the inquiry is not affected by reason only of there being a vacancy in an office, or vacancies in the offices, of associate member.

"(14) Where the membership of the Division of the Commission constituted in accordance with this section for the purposes of an inquiry to which this section applies is changed before the Division has completed the inquiry and made its report, the Division as constituted after the change may complete the inquiry and report.
"(15) A meeting of a Division of the Commission constituted in accordance with this section may be held notwithstanding that a meeting of another Division of the Commission constituted under section 19 is being held at the same time.".

Administration of oath
12. Section 22 of the