Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p44
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 107313–110192

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 paid such remuneration as is prescribed by the regulations.
"(2) A Commissioner shall be paid such allowances as are prescribed by the regulations.
"(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Chief Commissioner and Deputy Chief Commissioner of Commission
"12. (1) The Governor-General shall appoint a Commissioner to be the Chief Commissioner of the Commission and another Commissioner to be the Deputy Chief Commissioner of the Commission.
"(2) The Commissioner appointed to be Chief Commissioner or Deputy Chief Commissioner holds office as Chief Commissioner or Deputy Chief Commissioner until the expiration of his or her term of office as a Commissioner that is current or commences at the time of his or her appointment, but ceases to be Chief Commissioner or Deputy Chief Commissioner upon ceasing to be a Commissioner or resigning from the office of Chief Commissioner or Deputy Chief Commissioner in accordance with sub-section (3).

SCHEDULE 1—continued
"(3) The Commissioner appointed to be Chief Commissioner or Deputy Chief Commissioner may resign from that office by writing signed by the Commissioner and delivered to the Governor-General.
"(4) A Commissioner is eligible to be re-appointed as the Chief Commissioner or Deputy Chief Commissioner.

Leave of absence
"13. The Minister may grant leave of absence to a Commissioner upon such terms and conditions as to remuneration or otherwise as the Minister determines.

Resignation of Commissioner
"14. A Commissioner may resign his or her office by writing signed by the Commissioner and delivered to the Governor-General.

Termination of appointments
"15. (1) The Governor-General may terminate the appointment of a Commissioner, other than the Commissioner referred to in paragraph 9 (1) (b), by reason of the misbehaviour, or the physical or mental incapacity, of the Commissioner.
"(2) If a Commissioner other than the Commissioner referred to in paragraph 9 (1) (b)—
     (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;
     (b) fails to comply with his or her obligations under sub-section (3);
     (c) being the Managing Director—
         (i) engages in paid employment outside the duties of his or her office without the approval of the Minister; or
         (ii) 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; or
     (d) being a part-time Commissioner—is absent, except