12Membership of Commission

##### 12 Membership of Commission (1) The Commission shall consist of: (a) the Chair; and (b) not fewer than 4 nor more than 6 other Commissioners. (1A) A person who is the Secretary of a Department or the Chair of an authority of the Commonwealth may be appointed as a Commissioner, but not more than 2 such persons shall hold office as Commissioners at the one time. (2) The Commissioners shall be appointed by the Governor-General as part-time Commissioners. (3) The Chair and not fewer than one-half of the other Commissioners shall be persons who are not persons appointed or engaged on a full‑time basis under the Public Service Act 1999 or full-time members, officers or employees of an authority of the Commonwealth. (4) The Commissioners, other than the representative Commissioners, shall be persons having qualifications relevant to, or special experience or interest in, a field related to the functions of the Commission. (5) For the purpose of making recommendations to the Governor-General for the appointment of Commissioners referred to in paragraph (1)(b), other than representative Commissioners, the Minister shall: (a) have regard to the desirability of the membership of the Commission including persons resident in different parts of Australia; and (b) consult, so far as he or she considers appropriate, with Ministers and authorities of the States, local government authorities and community and other organizations. (7) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of more than one‑half of the Commissioners, other than the Chair, being, during a period of not more than 6 months, persons who are officers or employees of the Australian Public Service or members, officers or employees of an authority of the Commonwealth. (8) For the purposes of this section, where an authority of the Commonwealth is constituted by one person, that person shall be deemed to be the Chair, and a member, of the authority. (9) For the purposes of this section, where an authority of the Commonwealth is constituted by 2 or more persons none of whom is called the Chair, the person who normally presides at meetings of the authority shall be deemed to be the Chair. (10) The appointment of a Commissioner is not invalidated and shall not be called in question by reason of a defect or irregularity in, or in connexion with, his or her appointment.