Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p29
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 29/38)
Character Range: 90098–92807

Leave of absence

"44aae. The Minister may grant leave of absence to the Chief Executive Officer on such terms and conditions as to remuneration or otherwise as the Minister determines.

Resignation

"44aaf. The Chief Executive Officer may resign office by writing signed by him or her and delivered to the Governor-General.

Termination of appointment

"44aag. (1) The Governor-General may terminate the appointment of the Chief Executive Officer for:

(a) misbehaviour or physical or mental incapacity; or

(b) inefficiency or incompetence.

"(2) If the Chief Executive Officer:

   (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

   (b) fails, without reasonable excuse, to comply with his or her obligations under section 34a; or

   (c) without the approval of the Minister, engages in paid employment outside the duties of his or her office; or

   (d) is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or for 28 days in any 12 months;

the Governor-General must, by notice published in the Gazette, declare that the office of the Chief Executive Officer is vacant, and thereupon the office becomes vacant.

Acting Chief Executive Officer

"44aah. (1) The Minister may appoint a person (not being a part-time member of the Trust) to act as Chief Executive Officer:

    (a) during a vacancy in the office of Chief Executive Officer (whether or not an appointment has previously been made to the office); or

    (b) during any period, or during all periods, when the Chief Executive Officer 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) Anything done by or in relation to a person purporting to act under this section is not invalid on the grounds that:

(a) the occasion for the person's appointment had not arisen; or

(b) there is a defect or irregularity in connection with the person's appointment; or

(c) the person's appointment had ceased to have effect; or

(d) the occasion for the person to act had not arisen or had ceased.

Delegations

"44aaj. The Chief Executive Officer may, by signed instrument, delegate to an officer or employee of the Trust all or any of the powers of the Chief Executive Officer under this Act.".

Basic contributions

38. Section 45 of the Principal Act is amended by inserting ", 51b" after "51a".

Decreases in salary

39. Section 47 of the Principal Act is amended: