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Legislative Assembly for the ACT: 1997 Week 11 Hansard (6 November) . . Page.. 3785 ..


MS TUCKER (continuing):

Membership

109B. (1) The President shall be a Magistrate appointed by the Minister by instrument.

(2) The President holds office for the period (not exceeding 5 years) specified in the instrument of appointment but is eligible for reappointment.

(3) If the President considers it desirable, having regard to the nature and complexity of a particular matter to be determined by the Tribunal, he or she shall, by instrument, appoint 2 further members of the Tribunal for the hearing from the persons selected under subsection (5).

(4) If the President considers it desirable, having regard to the nature of a particular matter to be determined by the Tribunal, he or she shall, by instrument, appoint a member of the Tribunal for the hearing from the persons selected under subsection (5).

(5) The Minister shall, by instrument, select persons who, in his or her opinion, are qualified, by reason of experience and expertise, to be members of the Tribunal.

(6) The Statutory Appointments Act 1994 applies to a selectionby the Minister under subsection (5) as if -

(a) a reference to the appointment of a person to a statutory office were a reference to a selection by the Minister; and

(b) a reference to an appointment were a reference to a selection.

Acting President

109C. (1) The Minister may appoint a Magistrate to be the Acting President.

(2) The Acting President shall act as President -

(a) during a vacancy in the office of President, whether or not an appointment has previously been made to that office; or

(b) during any period or during all periods when the President is, for any reason, unable to perform the functions of the office.


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