Commonwealth Numbered Acts

AUSTRALIA COUNCIL AMENDMENT ACT 1976 No. 113 of 1976 - SECT 7

7. Sections 9, 10 and 11 of the Principal Act are repealed and the following
sections substituted:- Membership of Council.
''9. (1) The number of members of the Council shall be not less than 15 nor
more than 19.

''(2) The Council shall consist of-

   (a)  the Chairman;

   (b)  the Chairman of each Board;

   (c)  2 persons, each of whom is an officer of a Department of the
        Australian Public Service or an officer or member of an authority of
        the Commonwealth, being a Department or authority having
        responsibilities in relation to matters to which the functions of the
        Council relate;

   (d)  the General Manager; and

   (e)  subject to sub-section (1), such number of other persons as the
        Governor-General thinks fit, of whom a majority shall consist of
        persons who practise the arts or are otherwise associated with the
        arts.

''(3) The members of the Council referred to in paragraphs (2) (a), (c) and
(e) shall be appointed by the Governor-General.

''(4) The members of the Council, other than the General Manager, shall be
part-time members.

''(5) The performance of the functions or the exercise of the powers of the
Council is not affected by reason only of-

   (a)  there being a vacancy or vacancies in the membership of the Council;
        or

   (b)  the number of members of the Council falling below 15 for a period of
        not more than 6 months. Deputy Chairman.
''10. (1) The Governor-General may appoint a member of the Council, other than
the Chairman or the General Manager, to be the Deputy Chairman of the Council.

''(2) A person appointed under this section holds office as Deputy Chairman
until the expiration of his period of appointment as a member or until he
sooner ceases to be a member.

''(3) Where a member appointed as Deputy Chairman is, upon ceasing to be
Deputy Chairman by virtue of the expiration of the period of his appointment
as a member, re-appointed as a member, he is eligible for re-appointment as
Deputy Chairman.

''(4) The Deputy Chairman may resign his office of Deputy Chairman by writing
signed by him and delivered to the Governor-General. Term of office.
''11. (1) Subject to this Act, a member of the Council appointed under
paragraph 9 (2) (a) or (e) holds office for such period, being not less than 1
year nor more than 4 years, as the Governor-General specifies in the
instrument of his appointment, but is eligible for re-appointment.

''(2) A person shall not hold office under one or both of the provisions
referred to in sub-section (1) for a continuous period exceeding 6 years.

''(3) A person who has held office under one or both of the provisions
referred to in sub-section (1) for a continuous period of 6 years is not
eligible to be again appointed under either of those provisions for a term of
office commencing within 2 years after the expiration of that period.

''(4) For the purposes of the application of sub-section (3) in relation to
the eligibility of a person for appointment or re-appointment as the Chairman
of the Council, any period of service by that person as a member of the
Council otherwise than as Chairman shall be disregarded.

''(5) A member of the Council appointed under paragraph 9 (2) (c) holds office
during the pleasure of the Governor-General.''.

8. Section 15 of the Principal Act is repealed and the following section
substituted:- Acting Chairman.
''15. (1) Subject to sub-section (2), the Minister may appoint a person (who
may be a member of the Council) to act as Chairman of the Council during a
vacancy in the office of Chairman.

''(2) A person appointed under sub-section (1) to act as Chairman shall not
continue so to act for more than 12 months.

''(3) During any period when there is neither a Chairman nor a person
appointed under sub-section (1) or when the Chairman or the person appointed
under sub-section (1) is absent from duty or from Australia or is, for any
reason, unable to perform the functions of the office of Chairman-

   (a)  the Deputy Chairman shall act as Chairman; or

   (b)  if there is no Deputy Chairman or the Deputy Chairman is not available
        to act as Chairman, the Minister may appoint a member of the Council
        to act as Chairman, but any such appointment ceases to have effect
        when the circumstances giving rise to that appointment cease.

''(4) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person appointed under this section;
        and

   (b)  at any time terminate such an appointment.

''(5) The appointment of a person under this section ceases to have effect if
he resigns the appointment by writing signed by him and delivered to the
Minister.

''(6) At any time when a person is acting as Chairman in accordance with this
section, he has, and may exercise, all the powers and shall perform all the
functions of the Chairman and, if he is not a member of the Council, shall be
deemed to be a member of the Council for the purposes of sub-sections 17 (4)
and (7) and section 19.

''(7) The validity of anything done by a person acting as Chairman in
accordance with this section shall not be called in question on the grounds
that the occasion for his appointment had not arisen or that the appointment
had ceased to have effect.''.