Commonwealth Consolidated Acts

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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 117

Appointment of members

             (1)  Each member is to be appointed with effect from such day as the Minister specifies in the instrument of appointment of that member.

             (2)  A member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.

             (4)  A person appointed as a member is eligible for reappointment for a second term but must not be reappointed for a third or subsequent term.

             (5)  If:

                     (a)  a member holds office for a particular period (the original period ); and

                     (b)  the Minister does not make a decision before the end of the original period to re-appoint, or not to re-appoint, the member;

then, subject to this Part, the member continues to hold office on the basis that the original period is extended until:

                     (c)  the end of the period of 6 months beginning at the end of the original period; or

                     (d)  the Minister notifies the member that the Minister has decided not to re-appoint the member; or

                     (e)  the Minister signs an instrument re-appointing the member;

whichever first happens.

             (6)  As soon as practicable after subsection (5) begins to apply to a member, the Authority must cause to be published in the Gazette a notice describing the circumstances in which that subsection has begun to apply to the member.

             (7)  As soon as practicable after subsection (5) ceases to apply to a member, the Authority must cause to be published in the Gazette a notice describing the circumstances in which that subsection has ceased to apply to the member.

             (8)  The Minister must not appoint a person as the Chairperson if, at any time during the period of 2 years ending immediately before the proposed period of appointment, the person was employed by, or had a pecuniary interest in, a body corporate whose primary commercial activity relates directly to the production or manufacture of food.

          (8A)  For the purposes of subsection (8):

                     (a)  a director (however described) of a body corporate is taken to be employed by the body corporate; and

                     (b)  the secretary (however described) of a body corporate is taken to be employed by the body corporate.

             (9)  The Minister must not appoint a person as a Chairperson if the person has a pecuniary interest in a body corporate whose primary commercial activity relates directly to the production or manufacture of food.



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