Document ID: chunk:federal_register_of_legislation:C2004A01885:body:0:p3
Version: federal_register_of_legislation:C2004A01885
Segment Type: other
Provision Reference: 
Character Range: 5130–7817

of an inquiry to which this section applies, the powers of the Commission shall, notwithstanding sections 8 and 19, be exercised by a Division of the Commission consisting of—
     (a) the Chairman and two other members of the Commission; and
     (b) three part-time associate members of the Commission appointed by the Governor-General for the purposes of the inquiry, being one associate member appointed on the nomination of the Premier of New South Wales and the Premier of Victoria and two associate members appointed on the nomination of the Premier of Queensland, the Premier of South Australia, the Premier of Western Australia and the Premier of Tasmania.

"(4) Where the Commission is required to hold an inquiry to which this section applies, the Chairman shall, if the Commission consists of the Chairman and more than two other members, by writing under his hand, determine that two of those other members specified in the determination shall be members of the Division of the Commission constituted under this section for the purposes of the inquiry.

"(5) Where the Chairman has made a determination under sub-section (4) in relation to an inquiry to which this section applies, he may, by writing under his hand, at any time before the Division of the Commission constituted for the purposes of the inquiry has completed the inquiry and made its report, amend the determination in relation to the other members of the Commission who are to be members of the Division of the Commission constituted under this section for the purposes of the inquiry.

"(6) If the Premiers of the States have not nominated three persons for appointment, in accordance with sub-section (3), as associate members of the Commission for the purposes of an inquiry to which this section applies within three months after they have been invited to do so, the Commission shall, upon being requested by the Minister to do so, inquire into, and report on, the matter notwithstanding a vacancy or vacancies in the number of associate members of the Commission for the purposes of the inquiry, and the Division of the Commission required to exercise the powers of the Commission for the purposes of the inquiry shall then be deemed to consist of the Chairman and two other members of the Commission and such associate members (if any) as have been appointed in accordance with sub-section (3) for the purposes of the inquiry.

"(7) A person is not eligible to be appointed as an associate member of the Commission if he is employed by the Commonwealth or by a State in a full-time capacity.

"(8) An associate member of the Commission holds office for such period as is specified in the instrument of