Document ID: chunk:federal_register_of_legislation:C2022C00075:section:12:p1
Version: federal_register_of_legislation:C2022C00075
Segment Type: section
Provision Reference: s 12 (pt 1/3)
Character Range: 21340–23943

12  Membership of Board
 (1) The Board shall consist of:
 (a) the Managing Director; and
 (b) the Chairperson; and
 (ba) the staff‑elected Director; and
 (c) not fewer than 4 nor more than 6 other Directors.
 (2) A Director referred to in paragraph (1)(b) or (c) shall be appointed by the Governor‑General and, subject to sections 16 and 18, holds office on a part‑time basis for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.
 (2A) The sum of the periods for which a person holds either or both of the following offices must not exceed 10 years:
 (a) an office referred to in paragraph (1)(b);
 (b) an office referred to in paragraph (1)(c).
Example 1: Assume a person holds office as Chairperson for an initial period of 5 years and then holds office as Chairperson for a further period of 5 years.
 The person cannot hold office as Chairperson again and cannot hold office as a Director referred to in paragraph (1)(c).
Example 2: Assume a person holds office as a Director referred to in paragraph (1)(c) for a period of 5 years and then holds office as Chairperson for a period of 3 years.
The person may now hold office as Chairperson, or as a Director referred to in paragraph (1)(c), for a maximum period of 2 years.
 (3) The Governor‑General shall appoint one of the non‑executive Directors to be the Deputy Chairperson of the Board.
 (4) The performance of the functions or the exercise of the powers of the Board is not affected by a vacancy in the office of Managing Director, of Chairperson or of staff‑elected Director, by reason that there is no Deputy Chairperson or by reason of the number of Directors referred to in paragraph (1)(c) falling below 4 for not longer than 6 months.
 (4A) If an election of a person as the staff‑elected Director is invalid because of a defect or irregularity in connection with that election, the performance of the functions, or the exercise of the powers, of the Board is not affected by anything done, or omitted to be done, by or in relation to that person while he or she purported to be, or to act as, the staff‑elected Director.
 (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;