Document ID: chunk:federal_register_of_legislation:C2008A00036:clause:1_44
Version: federal_register_of_legislation:C2008A00036
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 18029–20318

44  Subsection 21(2)
Repeal the subsection, substitute:

 (2) The Minister may terminate the appointment of a commissioner if:
 (a) the commissioner:
 (i) becomes bankrupt; or
 (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
 (iii) compounds with his or her creditors; or
 (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
 (b) the commissioner is absent, except on leave of absence:
 (i) in the case of a part‑time commissioner—from 3 consecutive meetings of the Commission; or
 (ii) in the case of the CEO—for 14 consecutive days or for 28 days in any 12 months; or
 (c) the commissioner engages:
 (i) in the case of a part‑time commissioner—in paid employment, without the approval of the Minister, that conflicts or may conflict with the proper performance of the duties of his or her office (see section 15); or
 (ii) in the case of the CEO—in paid employment outside the duties of his or her office without the approval of the Minister (see section 15); or
 (d) the commissioner fails, without reasonable excuse, to comply with section 20 or 24.

Termination for holding certain positions or interests

 (3) The appointment of a commissioner is terminated, by force of this subsection, if the commissioner becomes the holder of:
 (a) an executive position in a fishing industry association (however described); or
 (b) a fishing concession granted under the Fisheries Management Act 1991; or
 (c) a licence or permit granted under the Torres Strait Fisheries Act 1984; or
 (d) an executive position (however described and whether or not a director of the body) in a body corporate that holds a fishing concession, licence or permit of a kind mentioned in paragraph (b) or (c); or
 (e) the majority of the voting shares in a company that holds a fishing concession, licence or permit of a kind mentioned in paragraph (b) or (c).

 (4) For the purposes of paragraph (3)(d), a person holds an executive position in a body corporate if the person is concerned in, or takes part in, the management of the body.

Validation

 (5) Anything done by or in relation to the Commission is not invalid merely because the appointment of a commissioner has been terminated by force of subsection (3).