Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:1:p5
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 1 (pt 5/24)
Character Range: 112718–115372

as the President or as the Deputy President unless he is a Judge of the Federal Court of Australia.
"(2) A person shall not be appointed as a member (other than the President or the Deputy President) unless—
    (a) he is or has been a Judge;
    (b) he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years;

    (c) he has had experience, for not less than 5 years, at a high level in industry, commerce, business, public administration, education or the practice of a profession;
    (d) he has obtained a degree of a university, or an educational qualification of a similar standing, after studies in the field of law, economics or public administration; or
    (e) he has, in the opinion of the Governor-General, special knowledge or skill relevant to the duties of a member.".

Tenure of office
140. Section 141 of the Principal Act is amended—
    (a) by omitting "A member" and substituting "Subject to this section, a member"; and
    (b) by adding at the end thereof the following sub-sections:
    "(2) Where a member who is a Judge ceases to be a Judge, he ceases to hold office as a member, but he is eligible for appointment as a member (other than the President or the Deputy President).
    "(3) The Governor-General may terminate the appointment of a member (other than a member who is a Judge) for physical or mental incapacity.
    "(4) The Governor-General shall terminate the appointment of a member (other than a member who is a Judge) if—
         (a) the member is guilty of misbehaviour; or
         (b) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit.".

Acting President
141. Section 142 of the Principal Act is amended—
    (a) by omitting sub-section (1); and
    (b) by adding at the end of sub-section (2) "and while the Deputy President is acting as President, he has and may exercise all the powers, and shall perform all the functions and duties, conferred or imposed by this Act on the President".
142. Section 143 of the Principal Act is repealed and the following section is substituted:

Remuneration and allowances
"143. (1) Subject to this section, a member shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.
"(2) A member shall be paid such allowances as are prescribed.