(1) The Board consists of:
(a) a Chair; and
(b) 8 other directors.
Note: See also subsection 38(2).
(2) Subject to subsection ( 4), of the 8 other directors:
(a) the President of the Australian Council of Trade Unions may nominate, in writing, 2 persons; and
(b) the Chief of the Defence Force may nominate, in writing, 2 persons.
Note: The Minister chooses the remaining 4 other directors.
(3) However, a person is not eligible for nomination if the person's appointment would result in a contravention of a SIS fitness and propriety standard.
(4) Before nominating a person, the President of the Australian Council of Trade Unions must consult with one or more relevant organisations.
(5) Before nominating a person, the Chief of the Defence Force must consult with one or more relevant organisations.
(6) A nomination must specify the period for which the nominee is to be appointed. The period may not be more than 3 years.
(7) The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.