Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSCHEDULE 1 Section 40
MEMBERS OF THE TRIBUNAL
1. Appointment of members
(1) Members of the Tribunal shall be appointed by the Minister.
(2) The President and Deputy President shall be legal practitioners of not less than 5 years standing.
(3) A person is not eligible to be a member of the Tribunal if the person is—
(a) an officer or employee of a controlling body;
(b) registered with or licensed by a controlling body under the Approved Rules (otherwise than as the owner of a horse or dog that is so registered or licensed); or
(c) registered with or licensed by a corresponding body (otherwise than as the owner of a horse or dog that is so registered or licensed), where the registration or licence is of a kind recognised by a controlling body for the purposes of the Approved Rules.
(4) A member whose term has expired is eligible for re-appointment.
(1) The Deputy President of the Tribunal shall act as President if the President is for any reason unable or unavailable to act.
(2) Subject to this clause, the Minister may appoint a qualified person to act in the place of a member when the member is for any reason unable or unavailable to act in that member's capacity.
(3) An appointment under subclause (2) shall not authorise a person to act for a continuous period of more than 6 months.
(4) Anything done by or in relation to a person purporting to act under this clause is not invalid merely because—
(a) the occasion to act had not arisen or had ceased;
(b) there was a defect or irregularity in an appointment; or
(c) the appointment had ceased to have effect.
A member of the Tribunal is appointed for the term of office, not exceeding 3 years, specified in the instrument of appointment.
(1) The Minister shall terminate the appointment of a member of the Tribunal if the member—
(a) resigns by giving written notice to the Minister;
(b) ceases to be eligible for membership in the relevant capacity;
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of remuneration for their benefit; or
(d) fails to disclose an interest as required by clause 7.
(2) The Minister may terminate the appointment of a member of the Tribunal for misbehaviour or physical or mental incapacity.
5. Remuneration and allowances
(1) A member of the Tribunal shall be paid such remuneration and allowances as are prescribed in the regulations.
(2) Subclause (1) does not apply—
(a) in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to a member; or
(b) in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to a member.
(3) In this clause—
The Minister may grant a member of the Tribunal leave of absence on such terms and conditions as to remuneration and otherwise as the Minister determines.
(1) This clause applies where a member has or acquires an interest that could conflict with the member's proper performance of his or her functions as a member of the Tribunal as constituted for a hearing.
(2) A member shall inform the President when it becomes apparent that this clause applies in relation to the member.
(3) As far as is reasonably possible, the Tribunal shall be constituted or reconstituted for the hearing so that the member concerned is not involved.
(4) Where circumstances require the member to be, or remain, on the Tribunal as constituted for the hearing—
(a) the member shall disclose the interest to the parties; and
(b) the member shall not take part in the hearing, or exercise any powers in relation to it, except with the consent of all the parties.