(1) If:
(a) the Presiding Member of the Selection Committee for an R&D Corporation (other than an R&D Corporation to which section 125 applies) receives a request under subsection 123(1); and
(b) there is no Selection Committee for the Corporation;
the Presiding Member must establish the Selection Committee for the purpose of nominating persons for appointment to the Corporation.
(2) The Selection Committee so established consists of the following members:
(a) the Presiding Member;
(b) up to 4 other members appointed by the Minister on the nomination of the Presiding Member.
(2A) For the purposes of nominating the other members, the Presiding Member must:
(a) consult with each of the Corporation's representative organisations; and
(b) have regard to the desirability of reflecting diversity, including a diversity of expertise, experience and gender, among the nominees.
(3) Subject to subsections (4) and (5), the Minister must appoint the persons nominated by the Presiding Member.
(4) Where the Minister is not satisfied that a person nominated for appointment should be appointed, the Minister may reject the nomination and request another nomination.
(5) Where the Minister is satisfied that nominations for membership of a Selection Committee, as provided for under paragraph (2)(b) or subsection (4), will not be made within a reasonable time, the Minister may appoint persons to be members of the Selection Committee as if they had been so nominated.
(6) The performance of the function, and the exercise of the powers, of a Selection Committee for an R&D Corporation are not affected merely because of vacancies in the Selection Committee's membership.