6Appointment of ordinary members

##### 6 Appointment of ordinary members (1) The ordinary members of the Commission are to be appointed by the Governor‑General on the nomination of the Australian Transport Council. (2) A nomination of a person for appointment as an ordinary member is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement. (3) The Australian Transport Council must nominate a person for appointment as an ordinary member if: (a) there is in force a declaration under subsection (4); and (b) New Zealand requests the Australian Transport Council to nominate the person as an ordinary member; and (c) the person will fill a vacancy in the membership of the Commission; and (d) the nomination will not result in there being more than one ordinary member whose appointment is attributable to a request under this subsection. (4) The Australian Transport Council may, on request by New Zealand, declare that New Zealand is entitled to have a representative on the Commission. (5) In deciding whether to make a declaration under subsection (4), the Australian Transport Council may have regard to any undertakings given by New Zealand that it will pay money to the Commission under section 36. (6) Subsection (5) does not limit the matters to which the Australian Transport Council may have regard. (7) A declaration under subsection (4) is to be made by resolution of the Australian Transport Council carried in accordance with the Heavy Vehicles Agreement.