Commonwealth Numbered Acts

SCIENCE AND INDUSTRY RESEARCH LEGISLATION AMENDMENT ACT 1986 No. 121, 1986 - SECT 12

12. Sections 11, 12, 13 and 14 of the Principal Act are repealed and the
following sections are substituted: Establishment of Board

"11. There is established a Board of the Organisation. Functions of Board

"12. The functions of the Board are -

   (a)  to ensure the proper and efficient performance of the functions of the
        Organisation;

   (b)  to determine the policy of the Organisation with respect to any
        matter;

   (c)  to give directions to the Chief Executive under sub-section 10A (3);
        and

   (d)  such other functions as are conferred on it by this Act. Directions
        and guidelines given by Minister

"13. (1) The Minister may give to the Board, in writing, directions and
guidelines with respect to the performance of the functions, or the exercise
of the powers, of the Board or of the Organisation, and the Board shall ensure
that any directions or guidelines so given are complied with.

"(2) The power of the Minister to give a direction or guideline to the Board
under sub-section (1) in relation to an act or thing may be exercised
notwithstanding that the doing of the act or thing (whether by the Board or
the Chief Executive) is subject to the approval of the Minister or of another
person.

"(3) Nothing in section 14 limits the generality of sub-section (1) of this
section. Board to have regard to Government policy

"14. In the performance of its functions and in the exercise of its powers,
the Board shall have regard to any relevant policies of the Commonwealth
Government notified, in writing, to the Board by the Minister. Constitution of
Board

"14A. (1) The Board shall consist of -

   (a)  the Cheif Executive; and

   (b)  not fewer than 7 and not more than 9 other members.

"(2) The members of the Board other than the Chief Executive hold office on a
part-time basis.

"(3) The part-time members shall be appointed by the Governor-General.

"(4) The Governor-General shall appoint one of the part-time members to be the
Chairperson of the Board.

"(5) A part-time member appointed as Chairperson -

   (a)  subject to paragraph (c), holds office as Chairperson until the end of
        his or her term of office as a part-time member;

   (b)  may resign the office of Chairperson by writing signed by the parttime
        member and delivered to the Governor-General;

   (c)  ceases to be Chairperson if he or she ceases to be a part-time member;
        and

   (d)  ceases to be a part-time member if he or she resigns the office of
        Chairperson.

"(6) The Chairperson may be referred to as the Chairman or Chairwoman, as the
case requires.

"(7) The performance of a function, or the exercise of a power, by the Board
is not affected by reason only of -

   (a)  the number of part-time members falling below 7 for a period of not
        more than 6 months; or

   (b)  there being a vacancy in the office of Chairperson or in the office of
        Chief Executive.".