Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A Board member is to be appointed by the Minister by written instrument, on a full - time basis or on a part - time basis.
(2) The Minister must appoint one of the * Board members to be the * Chair. However, that member must not be:
(a) a person who holds any office or appointment (other than as a Board member) under a law of the Commonwealth on a full - time basis; or
(b) a person appointed or engaged under the Public Service Act 1999 .
(3) A person's appointment as a * Board member is not invalid because of a defect or irregularity in connection with the person's appointment.
Community representatives
(4) In appointing an individual as a * Board member, the Minister must be satisfied that the individual is a * community representative.
(5) An individual is a community representative if the individual is not any of the following:
(a) a partner in a partnership that is a * prescribed tax agent;
(b) an * executive officer of a company that is a prescribed tax agent;
(c) a former partner in a partnership that is currently a prescribed tax agent, if the individual is receiving regular and ongoing benefits, or has within the last 6 months received a material benefit, from the partnership;
(d) a former executive officer of a company that is currently a prescribed tax agent if either of the following apply:
(i) the individual is receiving regular and ongoing benefits, or has within the last 6 months received a material benefit, from the company;
(ii) the individual holds * shares in the company.
(6) A prescribed tax agent means a company or partnership that:
(a) is a * registered tax agent or BAS agent; and
(b) has more than 100 employees.
Note: A company or partnership whose registration as a registered tax agent or registered BAS agent is suspended remains a registered tax agent or BAS agent for the purposes of this section (see subsection 30 - 25(4)).
(7) An executive officer of a company means a director, secretary or senior manager (within the meaning of the Corporations Act 2001 ) of the company.