Document ID: chunk:federal_register_of_legislation:C2008A00036:clause:1_12
Version: federal_register_of_legislation:C2008A00036
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 11705–14247

12  Appointment of commissioners

 (1) The Chairperson of the Commission, the other part‑time commissioners and the CEO are to be appointed by the Minister by written instrument.

CEO may also be appointed Chairperson

 (2) The CEO may also be appointed as the Chairperson of the Commission, but must not otherwise hold office as a part‑time commissioner.

Eligibility for appointment

 (3) To be eligible for appointment as a commissioner, an individual, at the time of appointment:
 (a) must have a high level of expertise in one or more of the following fields:
 (i) fisheries management;
 (ii) fishing industry operations;
 (iii) science;
 (iv) natural resource management;
 (v) economics;
 (vi) business or financial management;
 (vii) law;
 (viii) public sector administration or governance;
 (ix) such other fields (if any) as are prescribed by the regulations; but
 (b) must not hold:
 (i) an executive position in a fishing industry association (however described); or
 (ii) a fishing concession granted under the Fisheries Management Act 1991; or
 (iii) a licence or permit granted under the Torres Strait Fisheries Act 1984; or
 (iv) an executive position (however described and whether or not a director of the body) in a body corporate that holds a fishing concession, licence or permit of a kind mentioned in subparagraph (ii) or (iii); or
 (v) the majority of the voting shares in a company that holds a fishing concession, licence or permit of a kind mentioned in subparagraph (ii) or (iii).

Note: These eligibility criteria will apply to the CEO who is also a commissioner: see the definition of commissioner in subsection 4(1).

 (4) For the purposes of subparagraph (3)(b)(iv), a person holds an executive position in a body corporate if the person is concerned in, or takes part in, the management of the body.

 (5) In appointing commissioners, the Minister must ensure, as far as practicable, that the commissioners collectively possess expertise in all of the fields mentioned in paragraph (3)(a).

Basis of appointments

 (6) The Chairperson of the Commission and the other part‑time commissioners must be appointed on a part‑time basis.

 (7) The CEO must be appointed on a full‑time basis.

Term of appointment

 (8) A commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Validation

 (9) The appointment of an individual as a commissioner is not invalid because of a defect or irregularity in connection with the individual's appointment.