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PARLIAMENT OF AUSTRALIA HOUSE OF REPRESENTATIVES Part 2 Gender representation requirements for the Executive Government Section ^8 1 ^8 Gender representation requirements for Commonwealth entities 2 (1) Before a Minister of State appoints, or recommends to the 3 Governor-General the appointment of, a person to be a member 4 (however described) of: 5 (a) the governing body of a corporate Commonwealth entity that 6 is required by law to consist of at least 5 members; or 7 (b) a body (other than a court or tribunal) that is a non-corporate 8 Commonwealth entity and is required by law to consist of at 9 least 5 members; 10 that Minister must be satisfied that, after the appointment: 11 (c) at least the required percentage of the members of that body 12 (including any chair) will be male; and 13 (d) at least the required percentage of the members of that body 14 (including any chair) will be female. 15 (2) Subsection (1) does not apply in relation to an appointment if: 16 (a) the membership of the body cannot by law exceed a 17 particular number of people; and 18 (b) because of previous appointments to the body, it is 19 impossible to comply with that subsection in relation to the 20 appointment. 21 Note: The Prime Minister must report to the Parliament if this subsection 22 applies in relation to an appointment: see section ^12. 23 ^9 Effect of non-compliance with gender representation 24 requirements 25 A failure to comply with subsection ^6(1), ^7(1) or ^8(1) does not 26 invalidate an appointment. 27 Note: However, the Prime Minister must report to the Parliament if any of 28 those sections are not complied with: see section ^12. 29 ^10 Relationship with other laws 30 (1) This Part applies despite anything in: 31 (a) the Public Service Act 1999; or 32 (b) the Sex Discrimination Act 1984. 33 (2) This Part applies in addition to any other requirement relating to a 34 person’s appointment to an office under the law establishing that 35 office. 6 Executive Government (Gender Representation) Bill 2016 No. , 2016 The Last Sentry at the Gate: Clive Palmer & the 44th Parliament of Australia 187


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