(1) The Council consists of the following members—
(a) a Minister of the Commonwealth who is nominated by the Prime Minister;
(b) a Minister of each participating State who is nominated by the Premier of the State concerned;
(c) a Minister of each participating Territory who is nominated by the Chief Minister of the Territory concerned.
(2) A member ceases to be a member if—
(a) the participating State or participating Territory in respect of which the member is nominated ceases to be a participating State or participating Territory; or
(b) the member ceases to be a Minister; or
(c) another Minister of the same jurisdiction is nominated in substitution for the member.
(3) Nominations under this section must be in writing.
(4) The performance of a function or the exercise of a power by the Council is not affected by a vacancy or vacancies in the membership of the Council.
(5) Anything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because there was a defect or irregularity in connection with the nomination.