63Constitution of Agency

##### 63 Constitution of Agency (1) The Agency shall consist of the following members, namely: (a) the Merit Protection Commissioner; and (b) not less than 2, and not more than 4, other members. (2) The Merit Protection Commissioner and the other members shall be appointed by the Governor‑General. (3) The Merit Protection Commissioner must only be appointed after consultations, by the Minister or his or her representative, with the Australian Council of Trade Unions and the Public Service Commissioner. (4) Any other member must only be appointed after consultations by the Minister or his or her representative, with the Australian Council of Trade Unions, the Public Service Commissioner and the Merit Protection Commissioner. (5) The Merit Protection Commissioner must be appointed on a full‑time basis. Any other member must be appointed on a part‑time basis. (7) The Merit Protection Commissioner and the other members hold office on such terms and conditions (in respect of matters not provided for by this Act) as are determined by the Minister by writing. (8) The performance of the functions, and the exercise of the powers, of the Agency are not affected by reason only of there being a vacancy or vacancies in the membership of the Agency. (9) The reference in subsection (3) or (4) to a representative of the Minister shall be read as a reference to a person appointed by the Minister, in writing, to be his or her representative for the purposes of that subsection.