364Membership

364  Membership  (1) The Commission consists of the following members:  (a) the persons who, from time to time, hold the following offices:  (i) President of the Repatriation Commission;  (ii) Deputy President of the Repatriation Commission;  (b) the following persons appointed under section 365:  (i) 2 commissioners of the Repatriation Commission (other than the President or Deputy President) nominated by the Veterans’ Affairs Minister;  (ii) a person who is nominated by the SRC Minister and is the Chief Executive Officer of Comcare, a person described in subsection 89E(1) of the Safety, Rehabilitation and Compensation Act 1988 or a person engaged under the Public Service Act 1999 and performing duties in the Department of State administered by the SRC Minister;  (iii) 2 persons who are nominated by the Defence Minister, each of whom is either a Permanent Forces member or engaged under the Public Service Act 1999 and performing duties in the Defence Department. Note: The performance of the Commission’s functions or the exercise of its powers is not affected merely because of a vacancy in the Commission’s membership (see subsection 33(2B) of the Acts Interpretation Act 1901).  (2) The following apply to nominations under subparagraph (1)(b)(i):  (a) if there is no member of the Commission who is a commissioner of the Repatriation Commission covered by paragraph 182(4)(a) of the Veterans’ Entitlements Act 1986—the Veterans’ Affairs Minister must nominate a commissioner of the Repatriation Commission covered by that paragraph;  (b) if there is no member of the Commission who is a commissioner of the Repatriation Commission covered by paragraph 182(4)(b) of the Veterans’ Entitlements Act 1986—the Veterans’ Affairs Minister must nominate a commissioner of the Repatriation Commission covered by that paragraph. Note 1: Subsection 182(4) of the Veterans’ Entitlements Act 1986 requires at least one commissioner of the Repatriation Commission to be a person chosen from a list provided by organisations representing veterans and at least one commissioner of the Repatriation Commission to be a person who the Veterans’ Affairs Minister is satisfied will represent families of veterans. Note 2: This subsection does not need to be complied with during a temporary vacancy in the office (see subsection 366(5)).  (3) The member described in subparagraph (1)(a)(i) is the Chair of the Commission.  (4) The members of the Commission hold office on a part‑time basis.