Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p43
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 104669–107559

means the Managing Director of the Commission;".

After the definition of "overseas telecommunications services" in section 5—
Insert the following definition:
     "'part-time Commissioner' means a Commissioner other than the Managing Director;".

Sections 9 to 17 (inclusive)—
Repeal the sections, substitute the following sections:

Composition of Commission
"9. (1) The Commission shall consist of 7 Commissioners, namely—
     (a) the Managing Director;
     (b) one Commissioner, who shall be an officer of the Department;
     (c) one Commissioner to represent officers and employees of the Commission; and
     (d) 4 other Commissioners.

SCHEDULE 1—continued
"(2) The Commissioners shall be appointed by the Governor-General, the Managing Director being appointed as a full-time Commissioner and the other Commissioners being appointed as part-time Commissioners.
"(3) The power of the Governor-General to appoint a Commissioner referred to in paragraph (1) (c) shall be exercised only on advice of the Executive Council, being advice that has taken into consideration any advice with respect to the person to be appointed that is furnished to the Minister by representatives of appropriate organisations representing officers and employees during consultations by the Minister with those representatives.
"(4) The performance of the functions and the exercise of the powers of the Commission are not affected by reason of a vacancy or vacancies in the membership of the Commission.
"(5) The regulations may make provision for and in relation to the preservation of such rights as are specified in the regulations by an officer who is appointed to be the Managing Director and for and in relation to the appointment of such an officer to a position in the Service of the Commission upon the termination of his or her appointment under this section otherwise than upon the ground of misconduct or of having attained the age for retirement from the Service of the Commission.

Period of appointment
"10. (1) Subject to sub-section (2), a Commissioner shall be appointed for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.
"(2) The Commissioner referred to in paragraph 9 (1) (b) holds office during the pleasure of the Governor-General.
"(3) A person who has attained the age of 65 years shall not be appointed or re-appointed as a Commissioner and a person shall not be appointed or re-appointed as a Commissioner for a period that extends beyond the date at which he or she will attain the age of 65 years.

Remuneration and allowances
"11. (1) A Commissioner, other than the Commissioner referred to in paragraph 9 (1) (b), shall be paid such remuneration as is determined by the Remuneration Tribunal, but if no determination of that remuneration by the Tribunal is in operation, the Commissioner shall be