Commonwealth Numbered Acts

AUSTRALIAN HERITAGE COMMISSION ACT 1975 No. 57 of 1975 - SECT 12

12. (1) The Commission shall consist of not fewer than 12 nor more than 19
members, namely-

   (a)  the Chairman;

   (b)  not more than 6 Commissioners each of whom is the Permanent Head of a
        Department or the Chairman of an authority of Australia; and

   (c)  not more than 12 other Commissioners.

(2) The Commissioners shall be appointed by the Governor-General as part-time
Commissioners.

(3) The Chairman and not fewer than one-half of the other Commissioners shall
be persons who are not full-time officers or employees of the Australian
Public Service or full-time members, officers or employees of an authority of
Australia.

(4) The Commissioners, other than the representative Commissioners, shall be
persons having qualifications relevant to, or special experience or interest
in, a field related to the functions of the Commission.

(5) For the purpose of making recommendations to the Governor-General for the
appointment of Commissioners referred to in paragraph (1) (c), the Minister
shall-

   (a)  have regard to the desirability of the membership of the Commission
        including persons resident in the several States and in the Northern
        Territory; and

   (b)  consult, so far as he considers appropriate, with Ministers and
        authorities of the States, local government authorities and community
        and other organizations.

(6) The Commission may commence to perform its functions and exercise its
powers when the Chairman and 3 other Commissioners have been appointed and,
during the period of 6 months immediately following its so commencing, the
performance of the functions or the exercise of the powers of the Commission
is not affected by reason only of there being fewer than 12 members.

(7) The performance of the functions or the exercise of the powers of the
Commission is not affected by reason only of more than one-half of the
Commissioners, other than the Chairman, being, during a period of not more
than 6 months, persons who are officers or employees of the Australian Public
Service or members, officers or employees of an authority of Australia.

(8) For the purposes of this section, where an authority of Australia is
constituted by one person, that person shall be deemed to be the Chairman, and
a member, of the authority.

(9) For the purposes of this section, where an authority of Australia is
constituted by 2 or more persons none of whom is called the Chairman, the
person who normally presides at meetings of the authority shall be deemed to
be the Chairman.

(10) The appointment of a Commissioner is not invalidated and shall not be
called in question by reason of a defect or irregularity in, or in connexion
with, his appointment.