Document ID: chunk:federal_register_of_legislation:C2004A05055:schedule:2:p6
Version: federal_register_of_legislation:C2004A05055
Segment Type: schedule
Provision Reference: sch 2 (pt 6/15)
Character Range: 17994–20850

Minister may appoint a person to act in the office of non-elected Commissioner:

          (a) during a vacancy in that office whether or not an appointment has previously been made to the office; or

          (b) during any period, or during all periods, when the non-elected Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

       (5) A person appointed to act during a vacancy in the office of non-elected Commissioner under section (4):

  (a) must not continue so to act for more than 6 months; and

          (b) must not be re-appointed to act during the vacancy for a period that would be continuous with the period of 6 months from the day when the person first started acting during that vacancy.

19 Subsection 36(6)

  Repeal the subsection, substitute:

      (6) The Minister may, after consulting the Commission Chairperson, appoint a person to act in the office of an elected Commissioner:

        (a) during a vacancy in the office, whether or not a person has previously been appointed to the office; or

        (b) during any period, or during all periods, when the elected Commissioner is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

20 Section 38

  Repeal the section, substitute:

38 Disclosure of interests

       A Commissioner or acting Commissioner who is not a Regional Councillor must comply with section 119A as if he or she were a Regional Councillor.

21 After subsection 39(1B)

  Insert:

       (1C) The alternate of the Deputy Chairperson of the Commission may resign the office of alternate of the Deputy Chairperson by writing signed by him or her and sent to the Commission Chairperson.

22 Subsection 39(2)

  Omit "A Commissioner is", substitute "An elected Commissioner is".

23 Subsection 40(2)

  Repeal the subsection, substitute:

      (2) The Minister must not suspend a Commissioner from office unless the Minister has, by written notice served on the Commissioner, given the Commissioner 7 days within which to show cause why the Commissioner should not be suspended.

24 Subsection 40(6)

  Omit "appointment of a Commissioner", substitute "appointment of an elected Commissioner".

25 After subsection 40(6)

  Insert:
      (6A) If a person who is an elected Commissioner is, because of a decision or order of the Federal Court of Australia, taken not to have been duly elected as a member of a Regional Council, the person ceases, as a result of the decision or order, to be an elected' Commissioner.

26 Subsection 44(3)

Omit "7", substitute "8".

27 Subsection 44(4)

Omit "11", substitute "12".

28 Paragraph 44(5)(c)

Omit "7", substitute "8".

29 Subsection 68(4)

Repeal the subsection.

30 After paragraph 76(1)(da)

Insert:

          (db) when requested to do