Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p44
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 44/48)
Character Range: 151884–154735

following heading:

"PART IV—THE DIRECTOR".

Section 23—
Repeal the section.

Section 25—
Repeal the section.

Sub-sections 26 (1) and (2)—
Omit "A prescribed officer", substitute "The Director".

Sub-section 26 (3)—
Omit "a prescribed officer" (wherever occurring), substitute "the Director".

Sub-sections 27 (1) and (2)—
Omit "A prescribed officer", substitute "The Director".

Sub-section 27 (3)—
Omit "1973-1974", substitute "1973".

Section 28—
Omit "a prescribed officer", substitute "the Director".

Sub-sections 29 (1) and (2)—
Omit "a prescribed officer", substitute "the Director".

After paragraph 29 (2) (a)—
Insert the following paragraphs:
     "(aa) fails, without reasonable excuse, to comply with section 19 or sub-section (3) of this section;
     (ab) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council;".

Sub-section 29 (3)—
Omit the sub-section, substitute the following sub-section:
"(3) The Director shall give written notice to the Minister of all direct or indirect pecuniary interests that the Director has or acquires in any business or in any body corporate carrying on any business.".

Section 30—
Omit "A prescribed officer", substitute "The Director".

SCHEDULE 1—continued

Sections 31 and 32—
Repeal the sections, substitute the following section:

Acting Director
"31. (1) The Minister may appoint a person to act in the office of Director—
     (a) during a vacancy in the office; or
     (b) during any period, or during all periods, when the person holding the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
"(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
"(3) Where a person is acting in the office of Director in accordance with paragraph (1) (b) and the office becomes vacant while the person is so acting, then, subject to sub-section (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
"(4) The Minister may—
     (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in the office of Director; and
     (b) terminate such an appointment at any time.
"(5) While a person is acting in the office of Director, the person has and may exercise all the powers, and shall perform all the functions, of the Director under this Act and the regulations.
"(6) A person appointed under sub-section (1) may resign the appointment by writing signed by the person and delivered