Commonwealth Numbered Acts

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1986 No. 60 of 1986 - SECT 9

9. Sections 13 to 19 (inclusive) of the Principal Act are repealed and the
following sections are substituted: Membership of Corporation

"13. (1) The Corporation shall consist of-

   (a)  a Chairperson;

   (b)  a Government member; and

   (c)  6 other members.

"(2) The members shall be appointed by the Minister in writing.

"(3) The members shall be appointed as part-time members.

"(4) The Minister shall not appoint a person to be a member referred to in
paragraph (1) (c) unless the Minister is satisfied that the person has
knowledge of, or experience in, winemaking, grape growing, marketing, finance,
administration or business management.

"(5) The members referred to in paragraph (1) (c) shall be appointed from
persons nominated by the Selection Committee in accordance with section 29f.

"(6) A member holds office on such terms and conditions (in respect of matters
not provided for by this Act) as are determined by the Minister in writing.

"(7) The performance of the functions and the exercise of the powers of the
Corporation are not affected by reason only of there being a vacancy or
vacancies in the membership of the Corporation. Term of office of members

"14. (1) Subject to this Act, the Chairperson or a member referred to in
paragraph 13 (1) (c) holds office for such period, not exceeding 3 years, as
is specified in the instrument of appointment, but he or she is eligible for
re-appointment.

"(2) The member referred to in paragraph 13 (1) (b) holds office during the
pleasure of the Minister.

"(3) Subject to sub-section (4), a person who has attained the age of 65 years
shall not be appointed as a member and a person shall not be appointed as a
member for a period that extends beyond the day on which the person will
attain the age of 65 years.

"(4) Sub-section (3) does not apply to the appointment of a person as a member
if the Minister is satisfied that that person possesses special skills that
the Corporation requires for the performance of its functions.

"(5) Whenever a vacancy occurs in the office of Chairperson or of a member
referred to in paragraph 13 (1) (c) before the expiration of the person's term
of office, the Minister may, in accordance with, and subject to, section 13,
appoint a person to the office for the remainder of that period. Deputy
Chairperson

"15. (1) The Minister shall, by writing signed by the Minister, appoint a
member other than the Chairperson or the member referred to in paragraph 13
(1) (b) to be Deputy Chairperson of the Corporation.

"(2) The Minister shall not appoint a member as the Deputy Chairperson unless
the Minister has consulted with the Chairperson and the Presiding Member
concerning the appointment.

"(3) Subject to this Act, the Deputy Chairperson holds office for such period
as is specified in the instrument of appointment, but he or she is eligible
for re-appointment.

"(4) The Minister may, at any time, terminate an appointment under sub-section
(1).

"(5) A member holding office as Deputy Chairperson may resign that office by
writing signed by him or her and delivered to the Minister.

"(6) A member holding office as Deputy Chairperson ceases to hold that office
if he or she ceases to be a member.

"(7) Whenever a vacancy occurs in the office of Deputy Chairperson before the
expiration of the period of his or her appointment, the Minister may, in
accordance with this section, appoint another member to hold that office for
the remainder of that period.

"(8) While the office of Chairperson is vacant or the Chairperson is absent
from Australia or is, for any other reason, unable to perform the functions of
the office of Chairperson and the Deputy Chairperson is available to perform
the functions of the office of Chairperson, the Deputy Chairperson has and may
exercise all the powers, and shall perform all the functions, of the
Chairperson under this Act.". Leave of absence

"16. (1) The Minister may grant leave of absence to the Chairperson from a
meeting or meetings of the Corporation.

"(2) The Chairperson may grant leave of absence to another member from a
meeting or meetings of the Corporation. Resignation of members

"17. A member may resign from the office of member by writing signed by the
member delivered to the Minister.".