Document ID: chunk:federal_register_of_legislation:C2004A04103:schedule:2:p2
Version: federal_register_of_legislation:C2004A04103
Segment Type: schedule
Provision Reference: sch 2 (pt 2/17)
Character Range: 28771–31495

must not be appointed as the Associate Director unless he or she is a legal practitioner and has been a legal practitioner for at least 5 years.

"(4) A person who has turned 65 must not be appointed as the Associate Director and a person must not be appointed for a period that ends after the day on which the person will turn 65.

"(5) The Associate Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

Exercise of powers and functions by Associate Director

"18b. (1) Subject to any directions of the Director, the Associate Director has all the powers and functions of the Director, except the Director's powers of delegation under section 31.

"(2) A power or function that is exercised or performed by the Associate Director is taken, for the purposes of this Act, to have been exercised or performed by the Director.

"(3) Where, under this Act, the exercise of a power or performance of a function by the Director depends on the opinion, belief or state of mind of the Director in relation to a matter, the power or function may be exercised or performed by the Associate Director depending on the opinion, belief or state of mind of the Associate Director in relation to that matter.".

Remuneration and allowances

46. Section 19 of the Principal Act is amended by inserting after subsection (2) the following subsections:

"(2a) The Associate Director is to 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 Associate Director is to be paid such remuneration as is prescribed.

"(2b) The Associate Director is to be paid allowances that are the same as the Director's allowances.".

Leave of absence

47. Section 20 of the Principal Act is amended by adding at the end the following subsection:

"(2) The Director may grant the Associate Director leave of absence from duty on the terms and conditions, as to remuneration or otherwise, determined by the Director.".

Resignation

48. Section 21 of the Principal Act is amended by inserting "or the Associate Director" after "Director".

Director or Associate Director not to undertake other work

49. Section 22 of the Principal Act is amended by omitting "shall not—" and substituting "or the Associate Director must not:".

Termination of appointment

  50. Section 23 of the Principal Act is amended:

     (a) by inserting in subsection (1) "or Associate Director" after "Director";

     (b) by omitting from subsection (2) "If the Director—" and substituting "If the Director or Associate Director:";

     (c) by omitting from paragraph (2) (b) "by