116Constitution of Board

#### 116 Constitution of Board (1) The Board consists of: (a) a Chairperson; and (b) the Chief Executive Officer; and (c) 2 members nominated by the New Zealand lead Minister on the Forum on Food Regulation for the purposes of this paragraph; and (ca) one member nominated by the New Zealand lead Minister on the Forum on Food Regulation for the purposes of this paragraph; and (d) a member nominated by consumer organisations; and (e) a member nominated by the CEO of the National Health and Medical Research Council; and (f) 3 members nominated by organisations, or public bodies, established for purposes relating to science or public health; and (g) 2 members nominated by organisations, or public bodies, established for purposes relating to the food industry. (1A) A member mentioned in paragraph (1)(a), (c), (ca), (d), (e), (f) or (g) is to be appointed by the Minister. (1B) The Minister may appoint a person as a member mentioned in paragraph (1)(a), (d), (e), (f) or (g) only if the Forum on Food Regulation has agreed to the appointment. (2) Before appointing a person as a member mentioned in paragraph (1)(c) or (ca), the Minister must consult with the Forum on Food Regulation. (2A) The Chief Executive Officer is automatically a member and does not have to be appointed as a member. The following references in this Division to a member do not apply to the Chief Executive Officer: (a) subsections (7) and (8) of this section; (b) section 117; (c) section 119; (d) section 120; (e) section 121; (f) section 126; (g) section 127. > Note: See Division 2 for the appointment, and terms and conditions of appointment, of the Chief Executive Officer and for other matters relating to the Chief Executive Officer. (2B) The Minister may appoint a person as a member mentioned in paragraph (1)(a) or (c) only if the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields: (a) public health; (b) consumer affairs; (c) food science; (d) food allergy; (e) human nutrition; (f) medical science; (g) microbiology; (h) food safety; (i) biotechnology; (j) veterinary science; (k) the food industry; (l) food processing or retailing; (m) primary food production; (n) small business; (o) international trade; (p) government; (q) food regulation. (2C) The Minister may appoint a person as a member mentioned in paragraph (1)(ca) only if the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields: (a) public health; (b) consumer affairs; (c) food science; (d) food allergy; (e) human nutrition; (f) medical science; (g) microbiology; (h) food safety; (i) biotechnology; (j) veterinary science. (3) The Minister may appoint a person as a member mentioned in paragraph (1)(f) only if: (a) the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields: (i) public health; (ii) consumer affairs; (iii) food science; (iv) food allergy; (v) human nutrition; (vi) medical science; (vii) microbiology; (viii) food safety; (ix) biotechnology; (x) veterinary science; and (b) the Minister has sought nominations from such organisations and public bodies as are prescribed by the regulations for the purposes of: (i) if the person is suitably qualified for appointment because of expertise in only one field mentioned in paragraph (a)—the subparagraph of paragraph (a) that is applicable to that field; or (ii) if the person is suitably qualified for appointment because of expertise in more than one field mentioned in paragraph (a)—a subparagraph of paragraph (a) that is applicable to one of those fields; and (c) the person has been so nominated. (4) The Minister may appoint a person as a member mentioned in paragraph (1)(g) only if: (a) the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields: (i) the food industry; (ii) food processing or retailing; (iii) primary food production; (iv) small business; (v) international trade; (vi) government; (vii) food regulation; and (b) the Minister has sought nominations from such organisations and public bodies as are prescribed by the regulations for the purposes of: (i) if the person is suitably qualified for appointment because of expertise in only one field mentioned in paragraph (a)—the subparagraph of paragraph (a) that is applicable to that field; or (ii) if the person is suitably qualified for appointment because of expertise in more than one field mentioned in paragraph (a)—a subparagraph of paragraph (a) that is applicable to one of those fields; and (c) the person has been so nominated. (5) The Minister may only appoint a person as a member mentioned in paragraph (1)(d) if the Minister is satisfied that the person has a good knowledge of consumer rights and consumer affairs policy in Australia. (7) The Chairperson and the other members hold office on a part‑time basis. (8) The members hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister in writing. (9) The performance of a function or the exercise of a power by the Board is not affected by a vacancy or vacancies in the membership of the Board.