17Appointment of non‑executive Directors

#### 17 Appointment of non‑executive Directors (1) The Governor‑General must appoint the non‑executive Directors. (2) Before the Governor‑General appoints a person as a non‑executive Director, the Minister must have regard to the need to ensure: (a) that the Directors collectively possess an appropriate balance of expertise in the areas required to govern the SBS effectively, including an understanding of Australia’s multicultural society and the needs and interests of the SBS’s culturally diverse audience; and (b) that the Directors collectively comprise persons with a diversity of cultural perspectives; and (c) that the Directors include a person who the Minister is satisfied, having regard to consultations between the Minister and representatives of industrial organisations representing employees, has an appropriate understanding of the interests of employees; and (d) that at least one of the Directors is an Indigenous person. (2A) The following persons are not eligible for appointment as a non‑executive Director referred to in paragraph 8(aa) or (b): (a) a member or former member of the Parliament of the Commonwealth; (b) a member or former member of the Parliament of a State, of the Legislative Assembly for the Australian Capital Territory or of the Legislative Assembly of the Northern Territory; (c) a person who is or was a senior political staff member (within the meaning of the Australian Broadcasting Corporation Act 1983). (2AA) However, so far as subsection (2A) relates to a person who: (a) is a former member of a Parliament or a Legislative Assembly referred to in that subsection; or (b) was a senior political staff member (within the meaning of the Australian Broadcasting Corporation Act 1983); that subsection applies only for the period of 12 months beginning on the day the person ceased to be a member of that Parliament or that Legislative Assembly or a senior political staff member (within the meaning of that Act). (2AB) A person who: (a) is a former member of a Parliament or a Legislative Assembly referred to in subsection (2A); or (b) was a senior political staff member (within the meaning of the Australian Broadcasting Corporation Act 1983); must not be appointed as a non‑executive Director referred to in paragraph 8(aa) or (b) unless, in accordance with Part 3A, the Nomination Panel has nominated the person for the appointment. (2B) Subject to subsection (2C), a person must not be appointed as a non‑executive Director referred to in paragraph 8(aa) or (b) unless Part 3A is complied with. (2C) The Minister may recommend to the Governor‑General that a particular person be re‑appointed as a non‑executive Director referred to in paragraph 8(aa) or (b) without Part 3A being complied with. (3) The appointment of a person as a non‑executive Director is not invalid merely because of a defect or irregularity in relation to the appointment (including a failure to comply with Part 3A).