Document ID: chunk:federal_register_of_legislation:C2010A00095:clause:1_4
Version: federal_register_of_legislation:C2010A00095
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 32727–34996

4  Members of the old Tribunal are automatically appointed to the new Tribunal
(1) Subject to this item:
 (a) the person who, immediately before the commencement, held office as the Chair of the old Tribunal is taken, on the commencement, to be appointed under the amended Act as the Chair of the new Tribunal; and
 (b) each other person who, immediately before the commencement, held office as a member (other than the Chair) of the old Tribunal is taken, on the commencement, to be appointed under the amended Act as a member (other than the Chair) of the new Tribunal.
(2) The period for which a person is, by paragraph (1)(a) or (b), taken to be appointed as the Chair, or another member, of the new Tribunal is to be determined in writing by the Minister. The period determined must be either be 12 months or 24 months.
(3) In making determinations under subitem (2), the Minister must endeavour to ensure that there is a reasonably equal division between the number of persons taken to be appointed for 12 months, and the number of persons taken to be appointed for 24 months.
(4) For the purpose of the application of subsection 110YB(3) of the amended Act in relation to a person who is taken to be appointed as the Chair of the new Tribunal:
 (a) the period for which the person held office as the Chair of the old Tribunal is to be counted towards the limit specified in that subsection; and
 (b) if the person is taken to be appointed as the Chair of the new Tribunal for 24 months—subsection 110YB(3) of the amended Act has effect in relation to the person as if it specified a limit of 7 consecutive years (rather than 6 consecutive years).
(5) For the purpose of the application of subsection 110YB(4) of the amended Act in relation to a person who is taken to be appointed as a member (other than the Chair) of the new Tribunal:
 (a) the period for which the person held office as a member (other than the Chair) of the old Tribunal is to be counted towards the limit specified in that subsection; and
 (b) if the person is taken to be appointed as a member of the new Tribunal for 24 months—subsection 110YB(4) of the amended Act has effect in relation to the person as if it specified a limit of 7 consecutive years (rather than 6 consecutive years).