7Appointment of members and tenure

7 Appointment of members and tenure (1) Subject to subsection (1A), the Board shall consist of the following persons: (a) a departmental member, being a person who is an employee within the meaning of the Public Sector Employment and Management Act 1993; (b) a lawyer; (c) 2 persons each of whom is either a licensed real estate agent or a licensed business agent; (d) a person who, in the opinion of the Minister, is suitable to represent the interests of consumers of the services offered by agents. (1A) For the purposes of considering an application for a licence as a conveyancing agent or any other matter relating to conveyancing agents, the Board shall consist of the members appointed under subsection (1)(a), (b) and (d) and 2 licensed conveyancing agents appointed by the Minister for those purposes. (1B) For the purposes of considering an application for an auctioneer's licence under the Auctioneers Act 1935 or any other matter related to auctioneers, the Board is to consist of the members appointed under subsection (1). (2) Subject to this section, the Minister shall appoint the members of the Board. (3) The departmental member shall hold office during the pleasure of the Minister. (4) Subject to this Act, a member, other than the departmental member, shall hold office for a period of 3 years. (5) If there is or will be a vacancy in the office of a member referred to in subsection (1)(c), the Registrar must publish a notice, in any manner that makes it publicly available in the Territory, inviting licensed real estate agents and licensed business agents to notify the Minister, within 30 days after the publication of the notice, that they are willing to be appointed to the Board. (6) If there are or will be less than 2 licensed conveyancing agents for the purposes of subsection (1A), the Registrar must publish a

Agents Licensing Act 1979 7 notice, in any manner that makes it publicly available in the Territory, inviting licensed conveyancing agents to notify the Minister, within 30 days after the publication of the notice, that they are willing to be appointed to the Board. (7) The Minister may, after 30 days after the publication of a notice under subsection (5) or (6), with the approval of a person, appoint the person under subsection (2) (whether or not the person has notified the Minister under subsection (5) or (6)) to be the member for the purposes of subsection (1)(c) or (1A). (8) Where the office of a member referred to in subsection (1)(b) or (d) becomes vacant before the expiration of the member's term of office, the Minister may appoint: (a) a lawyer; or (b) a person of a description referred to in subsection (1)(d), as the case requires, to hold that office for a period of 3 years. (10) Subject to this section, a member shall be eligible for re-appointment. (11) The exercise of a power or the performance of a function of the Board is not affected by reason only of there being a vacancy or vacancies in the membership of the Board.