Document ID: chunk:federal_register_of_legislation:C2025C00107:body:0:p32
Version: federal_register_of_legislation:C2025C00107
Segment Type: other
Provision Reference: 
Character Range: 83244–85987

Remuneration and allowances
60‑40 Leave of absence
60‑45 Outside employment
60‑50 Disclosure of interests
60‑55 Resignation
60‑60 Termination of appointment
60‑65 Terms and conditions of appointment not provided for by Act
60‑67 Acting appointments

60‑25  Appointment
 (1) A Board member is to be appointed by the Minister by written instrument, on a full‑time basis or on a part‑time basis.
 (2) The Minister must appoint one of the *Board members to be the *Chair. However, that member must not be:
 (a) a person who holds any office or appointment (other than as a Board member) under a law of the Commonwealth on a full‑time basis; or
 (b) a person appointed or engaged under the Public Service Act 1999.
 (3) A person's appointment as a *Board member is not invalid because of a defect or irregularity in connection with the person's appointment.

Community representatives
 (4) In appointing an individual as a *Board member, the Minister must be satisfied that the individual is a *community representative.
 (5) An individual is a community representative if the individual is not any of the following:
 (a) a partner in a partnership that is a *prescribed tax agent;
 (b) an *executive officer of a company that is a prescribed tax agent;
 (c) a former partner in a partnership that is currently a prescribed tax agent, if the individual is receiving regular and ongoing benefits, or has within the last 6 months received a material benefit, from the partnership;
 (d) a former executive officer of a company that is currently a prescribed tax agent if either of the following apply:
 (i) the individual is receiving regular and ongoing benefits, or has within the last 6 months received a material benefit, from the company;
 (ii) the individual holds *shares in the company.
 (6) A prescribed tax agent means a company or partnership that:
 (a) is a *registered tax agent or BAS agent; and
 (b) has more than 100 employees.
Note: A company or partnership whose registration as a registered tax agent or registered BAS agent is suspended remains a registered tax agent or BAS agent for the purposes of this section (see subsection 30‑25(4)).
 (7) An executive officer of a company means a director, secretary or senior manager (within the meaning of the Corporations Act 2001) of the company.

60‑30  Term of appointment
  A *Board member holds office for the period specified in the instrument of appointment.
Note: A Board member is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.

60‑35  Remuneration and allowances
 (1) A *Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration is in operation, a Board member is to