Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 3) 1987 No. 184 of 1987 - SECT 5

5. Section 11 of the Principal Act is amended:

   (a)  by omitting subsection (1) and substituting the following subsections:

"(1) The Chairman of the Tribunal may notify the Minister that the Chairman
considers that the Tribunal should be assisted by an associate member in
relation to:

   (a)  a particular inquiry (including an inquiry that has already
        commenced);

   (b)  a particular class of inquiries; or

   (c)  inquiries by the Tribunal in general.

"(1A) Where the Chairman notifies the Minister under subsection (1), the
Governor-General may, subject to this section, appoint a person accordingly to
be an associate member of the Tribunal.

"(1B) The instrument of appointment of a person appointed under subsection
(1A) shall specify either that:

   (a)  the person is appointed for the purposes of a particular inquiry
        specified in the instrument;

   (b)  the person is appointed for the purposes of a particular class of
        inquiries specified in the instrument; or

   (c)  the person is appointed for the purposes of inquiries by the Tribunal
        in general.";

   (b)  by omitting subsection (3) and substituting the following subsections:

"(3) Subject to subsection (3C), an associate member shall be appointed:

   (a)  if appointed for the purposes of a particular inquiry-for the period
        commencing on the day specified in the instrument of appointment as
        the day on which the appointment takes effect and ending on the day on
        which the Tribunal completes the inquiry; or

   (b)  in any other case-for the period (not exceeding 2 years) specified in
        the instrument of appointment;
but is eligible for re-appointment.

"(3A) A person who has attained the age of 65 years shall not be appointed as
an associate member for the purpose of a particular inquiry.

"(3B) A person who has attained the age of 65 years shall not be appointed as
an associate member for the purposes of a particular class of inquiries or
inquiries by the Tribunal in general and, subject to subsection (3C), a person
shall not be appointed as such an associate member for a period that extends
beyond the day on which the person will attain the age of 65 years.

"(3C) Where:

   (a)  an associate member is designated, under section 15C, as a member of a
        Division constituted for the purposes of a particular inquiry; and

   (b)  apart from this subsection, the appointment of the associate member
        would end before the Tribunal completes the inquiry;
the appointment of the associate member continues, subject to sections 15 and
15A, until the Tribunal completes the inquiry."; and

   (c)  by omitting subsections (5) and (6) and substituting the following
        subsections:

"(5) A person may hold 2 or more appointments under this section at the same
time.

"(6) A person appointed as an associate member under subsection (1A):

   (a)  has, and may exercise, all the powers, and shall perform all the
        functions, of a member; and

   (b)  shall be deemed to be a member for the purposes of section 15B;
in relation to the making by the Tribunal of a decision, recommendation or
report on the matter or matters the subject of:

   (c)  if the person was appointed for the purposes of a particular
        inquiry-that inquiry; or

   (d)  in any other case-any inquiry in respect of which the person is
        designated by the Chairman under section 15C.".