Document ID: chunk:federal_register_of_legislation:C2024A00085:section:23
Version: federal_register_of_legislation:C2024A00085
Segment Type: section
Provision Reference: s 23
Character Range: 35407–38234

23  Eligibility for appointment as Board member
 (1) A person must not be appointed as a Board member under section 22 unless the Minister is satisfied that the appointment of the person would ensure that:
 (a) the requirements relating to the composition of the Board set out in subsection (2) of this section are satisfied; and
 (b) the Board members collectively have an appropriate balance of:
 (i) expertise or experience; and
 (ii) professional credibility and significant standing;
  in the fields mentioned in subsection (3) of this section.
 (2) The Board must be comprised of:
 (a) as Chair—a person with expertise or experience, professional credibility and significant standing in any of the fields mentioned in subsection (3); and
 (b) 2 other Board members with expertise or experience, professional credibility and significant standing in the field mentioned in paragraph (3)(a); and
 (c) 2 other Board members with expertise or experience, professional credibility and significant standing in the field mentioned in paragraph (3)(b); and
 (d) 1 other Board member with expertise or experience, professional credibility and significant standing in the field mentioned in paragraph (3)(h); and
 (da) 1 other Board member with expertise or experience, professional credibility and significant standing in any of the fields mentioned in paragraph (3)(i); and
 (e) up to 2 other Board members with expertise or experience, professional credibility and significant standing in any of the fields mentioned in subsection (3).
Paragraphs (b), (c), (d) and (da) do not by implication limit paragraph (a) or (e).
Note: The maximum number of Board members, including the Chair, is 9 (see subsection 21(1)).
 (3) For the purposes of paragraph (1)(b) and subsection (2), the fields are the following:
 (a) trade union movement;
 (b) business, industry, finance or investment;
 (c) industrial relations or labour market adjustment;
 (d) economics;
 (e) greenhouse gas emissions reduction pathways, technologies or policy;
 (f) climate change policy;
 (g) energy markets;
 (h) regional development;
 (i) Indigenous advocacy or community leadership;
 (j) public or corporate governance;
 (k) law.
Note: For the purposes of paragraph (i), Indigenous community leadership includes being an Elder.
 (4) The following persons are not eligible for appointment as a Board member:
 (a) an employee of the Commonwealth;
 (b) the holder of a full‑time office under a law of the Commonwealth.
Note: This means the CEO is not eligible to be appointed as a Board member.
 (5) The performance of the functions and the exercise of the powers of the Board are not affected merely because its membership is not as required by subsection (2), unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.