Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p51
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 51/66)
Character Range: 160923–163758

meaning of the Public Governance, Performance and Accountability Act 2013) must comply with the requirements in that Act.

110‑20  Working with the Advisory Board
 (1) In performing his or her functions and exercising his or her powers, the Commissioner may (but is not required to) have regard to the advice and recommendations given to him or her by the Advisory Board (whether or not the advice and recommendations were given in response to a request).
 (2) The Commissioner may attend Advisory Board meetings if invited to do so under subsection 145‑5(8).

Division 115—Terms and conditions of appointment

115‑5  Appointment
 (1) The Commissioner is to be appointed by the Governor‑General by written instrument.
 (2) The Commissioner is to be appointed on a full‑time basis.

115‑10  Term of appointment
  The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: The Commissioner is eligible for reappointment (see section 33AA of the Acts Interpretation Act 1901).

115‑15  Acting Commissioner
  The Minister may appoint an individual to act as the Commissioner:
 (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules that apply to acting appointments.

115‑20  Remuneration
 (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed.
 (2) The Commissioner is to be paid the allowances that are prescribed.
 (3) This section has effect subject to the Remuneration Tribunal Act 1973.

115‑25  Leave of absence
 (1) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
 (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

115‑30  Disclosure of interests
 (1) A disclosure by the Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.
 (2) Subsection (1) applies in addition to any rules made for the purposes of that section.
 (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with