Document ID: chunk:federal_register_of_legislation:C2015A00008:clause:4_41:p1
Version: federal_register_of_legislation:C2015A00008
Segment Type: clause
Provision Reference: sch 4 cl 41 (pt 1/2)
Character Range: 46143–48858

41  After subsection 227A(2)
Insert:

Membership of the Board
 (2A) The Board consists of the following members:
 (a) a Chair;
 (b) the Director‑General of IP Australia;
 (c) the New Zealand Commissioner of Patents;
 (d) at least 2 members nominated by the New Zealand Patents Minister to represent the New Zealand patent attorney profession;
 (e) at least 2 other members.
 (2B) The total number of members of the Board must not exceed 10.

Appointment of members of the Board
 (2C) Each member of the Board mentioned in paragraph (2A)(a), (d) or (e) is to be appointed by the Minister by written instrument.
Note: For reappointment, see the Acts Interpretation Act 1901.
 (2D) A person is not eligible for appointment as a member of the Board mentioned in paragraph (2A)(a), (d) or (e) unless the Minister is satisfied that the person has:
 (a) substantial experience or knowledge; and
 (b) significant standing;
in at least one of the following fields:
 (c) Australian patent attorney practice;
 (d) New Zealand patent attorney practice;
 (e) Australian trade mark attorney practice;
 (f) the regulation of persons engaged in a prescribed occupation;
 (g) public administration;
 (h) academia.
 (2E) A member of the Board holds office on a part‑time basis.

Period of appointment for members of the Board
 (2F) A member of the Board mentioned in paragraph (2A)(a), (d) or (e) holds office for the period specified in the instrument of appointment. The period must not exceed:
 (a) in the case of the member mentioned in paragraph (2A)(a)—3 years; or
 (b) otherwise—5 years.
Note: For reappointment, see the Acts Interpretation Act 1901.

Appointment of deputy of Director‑General of IP Australia
 (2G) The Director‑General of IP Australia may appoint an APS employee to be his or her deputy for the purpose of attendance at one or more specified meetings of the Board.
 (2H) If:
 (a) a person is the deputy of the Director‑General of IP Australia for the purpose of attendance at a particular meeting of the Board; and
 (b) the Director‑General of IP Australia is absent from the meeting;
the person is entitled to attend the meeting and, when so attending, is taken to be a member of the Board.
 (2J) A deputy of the Director‑General of IP Australia is not entitled to any remuneration or allowances for attending a meeting of the Board (other than remuneration or allowances payable to the deputy in his or her capacity as an APS employee).

Appointment of deputy of New Zealand Commissioner of Patents
 (2K) The New Zealand Commissioner of Patents may appoint a New Zealand patents official to be his or her deputy for the purpose of attendance at one or more specified meetings of the Board.
 (2L) If:
 (a) a