Document ID: chunk:federal_register_of_legislation:C2004C00122:schedule:1:p2
Version: federal_register_of_legislation:C2004C00122
Segment Type: schedule
Provision Reference: sch 1 (pt 2/7)
Character Range: 5952–8671

a person to act as a Commissioner during the inability, or until his appointment is sooner terminated, and the person so appointed shall, while so acting, have all the powers of a Commissioner.
       (d) The said Governments shall jointly determine the remuneration of all Commissioners.
       (e) A majority of the Commissioners may, except as otherwise provided in this Agreement, exercise the powers of the Commission.

4. The office of the Chairman of the Commission for each financial year of the Commission shall alternate between the Commissioner appointed by the Government of Australia and the Commissioner appointed by the Government of New Zealand.

5. The powers of the Commission shall not be exercised at any meeting of the Commission unless the Commissioner appointed by the Government of Australia and the Commissioner appointed by the Government of New Zealand are both present.

6. Subject to the provisions of Article 10 of this Agreement, the Commission shall not be entitled, in any of the territories of the said Governments, to any of the rights, privileges, immunities and exemptions of Her Majesty in right of the Commonwealth of Australia or of Her Majesty in right of New Zealand.

7. The Head Office of the Commission shall be at Melbourne in the State of Victoria, Australia, or at such other place as is agreed upon by the said Governments jointly.

Article 3

1. The Government of Australia will, for the purposes of the working of the said property, grant to the Commission full licence and authority to cut timber and to get all phosphates and other minerals in on and from Christmas Island and all powers necessary or proper for the enjoyment of that licence.

2. The title to all phosphates and other minerals produced and to timber cut on Christmas Island on or after the date on which this Agreement comes into force and, in addition to the ships and other property vested in the Commission immediately prior to that date, to all assets acquired by or on behalf of the said Governments on or after that date in connection with the working of the said property shall be vested in the Commission.

Article 4

In the exercise of its responsibility under Article 2 of this agreement to manage and control on behalf of the said Governments the working of the said property, the Commission shall employ the British Phosphate Commissioners as Managing Agents on such terms as may be agreed upon between the Commission and the British Phosphate Commissioners and approved by the said Governments.

Article 5

The Commission shall—
       (a) subject to the provisions of sub‑paragraph (b) of this Article, ensure that, so far as is practicable, phosphate obtained from Christmas Island