125Establishment of Selection Committees—predominantly Commonwealth funded R&D Corporations

#### 125 Establishment of Selection Committees—predominantly Commonwealth funded R&D Corporations (1) This section applies to an R&D Corporation if the regulations declare the Corporation to be a predominantly Commonwealth funded R&D Corporation. (2) If a request is made under subsection 123(1) to the Presiding Member of the Selection Committee for the R&D Corporation: (a) if there is no Selection Committee for the R&D Corporation—the Presiding Member must establish the Selection Committee for the purpose of nominating persons for appointment to the Corporation; and (b) the Minister may appoint up to 4 persons as members of that Committee for the purposes of this paragraph; and (c) the Minister must inform the Presiding Member of any such appointment. (3) If the Minister has not appointed 4 persons under paragraph (2)(b), the Minister may request the Presiding Member to nominate to the Minister persons for appointment to the Selection Committee. (4) The Selection Committee so established consists of the following members: (a) the Presiding Member; (b) up to 4 other members, being: (i) the members (if any) appointed by the Minister under paragraph (2)(b); and (ii) such other members appointed by the Minister on the nomination of the Presiding Member. (4A) For the purposes of nominating persons for appointment to the Selection Committee, the Presiding Member must: (a) consult with each of the Corporation’s representative organisations; and (b) have regard to the desirability of reflecting diversity, including a diversity of expertise, experience and gender, among the nominees. (5) Subject to subsections (6) and (7), the Minister must appoint the persons nominated by the Presiding Member. (6) Where the Minister is not satisfied that a person nominated for appointment should be appointed, the Minister may reject the nomination and request another nomination. (7) Where the Minister is satisfied that nominations for membership of a Selection Committee, as provided for under subparagraph (4)(b)(ii) or subsection (6), will not be made within a reasonable time, the Minister may appoint persons to be members of the Selection Committee as if they had been so nominated. (8) The performance of the function, and the exercise of the powers, of a Selection Committee for an R&D Corporation to which this section applies are not affected merely because of vacancies in the Selection Committee’s membership.