Document ID: chunk:federal_register_of_legislation:C2004A04581:body:0:p3
Version: federal_register_of_legislation:C2004A04581
Segment Type: other
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Character Range: 5280–8216

vacancy in the office of Deputy Chairperson of the Commission.".

Periods of appointment

8.(1) Section 33 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

"(1) Subject to subsection (1A), the Commission Chairperson holds office as Commission Chairperson for such period, not exceeding 3 years, as is specified in, or worked out under, the instrument of appointment.

"(1A) The Commission Chairperson stops holding office as Commission Chairperson if he or she stops being a Commissioner.

"(1B) The Deputy Chairperson of the Commission holds office as the Deputy Chairperson until:

  (a) he or she ceases to be a Commissioner; or

     (b) another person is elected as the Deputy Chairperson of the Commission under section 32;

whichever happens first.

"(1C) A non-elected Commissioner holds office for such period, not exceeding 3 years, as is specified in, or worked out under, the instrument of appointment.".

(2) Despite the omission of subsection 33(1) of the Principal Act by this section, that subsection continues to apply to persons to whom subsection 4(2) of this Act applies.

Leave of absence

  9. Section 35 of the Principal Act is amended:

  (a) by omitting from subsection (1) "full-time";

     (b) by omitting subsection (1A) and substituting the following subsection:

     "(1A) Subject to subsection (2), the Minister may grant a Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.".

Acting appointments

10. Section 36 of the Principal Act is amended by inserting in subsection (6) ", after consulting with the Commission," after "Minister may".

Resignation

11. Section 39 of the Principal Act is amended by inserting after subsection (1) the following subsections:

     "(1A) The Commission Chairperson may resign the office of Commission Chairperson by writing signed by him or her and sent to the Minister.

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

Termination of appointment

  12. Section 40 of the Principal Act is amended:

     (a) by omitting from paragraph (7)(c) "being a full-time Commissioner,";

  (b) by adding at the end of paragraph (7)(c) "or";

  (c) by omitting paragraph (7)(d).

Regions

  13. Section 91 of the Principal Act is amended:

  (a) by omitting from subsection (1) "60" and substituting "36";

    (b) by omitting from paragraph (1)(b) "by notice published in the Gazette" and substituting "in writing";

  (c) by inserting after subsection (1) the following subsections:

     "(1A) If the Minister makes a determination under subsection (1), he or she must cause a notice to be published in the Gazette that:

       (a) states that the determination has been made; and