Cyber Security Act 2024 · Version 2024-11-29

Division 5—Terms and conditions of appointment of the Chair and members of the Board

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Part 5—Cyber Incident Review Board

(1) The Chair of the Board is to be appointed by the Minister by written instrument.

Note: The Chair may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(2) The Chair may be appointed on a full‑time or part‑time basis.
(3) The Chair holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.
(4) The rules may make provision for or in relation to the appointment of the Chair, including in relation to eligibility for appointment.

(1) The Chair of the Board is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chair is to be paid the remuneration that is prescribed by the rules.
(2) The Chair is to be paid the allowances that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.

(1) A standing member of the Board is to be appointed by the Minister by written instrument.

Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(2) A standing member of the Board may be appointed on a full‑time or part‑time basis.
(3) A standing member of the Board holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.
(4) The rules may make provision for or in relation to the appointment of standing members of the Board, including in relation to eligibility for appointment.

(1) A standing member of the Board is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a standing member of the Board is to be paid the remuneration that is prescribed by the rules.
(2) A standing member of the Board is to be paid the allowances that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.

The Minister may, by written instrument, appoint a standing member of the Board to act as the Chair:

(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
- (i) is absent from duty or from Australia; or
- (ii) is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

(1) The rules may make provision for or in relation to the Board, including for or in relation to the following:
(a) membership of the Board (subject to section 61);
(b) terms of appointment of the Chair and standing members;
(c) acting appointments;
(d) resignation of the Chair and standing members;
(e) disclosure of interests by the Chair and standing members;
(f) termination of appointment of the Chair and standing members;
(g) leave of absence of the Chair and standing members.
(2) The Chair and a standing member of the Board holds office on the terms and conditions (if any) that are determined by the Minister in relation to matters not covered by this Act or the rules.