Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p12
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 28690–31467

and the following section is substituted:

Resignation
"22. The Commissioner may resign office by writing signed by the Commissioner and delivered to the Governor-General.".

Termination of appointment
12. Section 23 of the Principal Act is amended—
     (a) by inserting after paragraph (2) (a) the following paragraph:
         "(aa) fails, without reasonable excuse, to comply with the Commissioner's obligations under sub-section (3);"; and
     (b) by adding at the end the following sub-sections:
     "(3) The Commissioner shall give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business or in any body corporate carrying on any business.
     "(4) The reference in sub-section (3) to the Commissioner shall be read as including a person acting as Commissioner by virtue of an appointment under section 24.".

13. (1) Section 24 of the Principal Act is repealed and the following section is substituted:

Acting Commissioner
"24. (1) The Minister may appoint a person to act as Commissioner—
     (a) during a vacancy in the office of Commissioner; or
     (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Commissioner,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
"(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
"(3) The Minister may—
     (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Commissioner; and
     (b) terminate such an appointment at any time.

"(4) Where a person is acting as Commissioner in accordance with paragraph (1) (b) and the office of Commissioner becomes vacant while that person is so acting, then, subject to sub-section (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
"(5) A person appointed to act as Commissioner may resign by writing signed by the person and delivered to the Minister.
"(6) While a person is acting as Commissioner, the person has and may exercise all the powers, and shall perform all the functions, of the Commissioner under this Act or any other law.
"(7) Anything done by or in relation to a person purporting to act under sub-section (1) is not invalid on the grounds that—
     (a) the occasion for the person's appointment had not arisen;
     (b) there is a defect or irregularity in connection with the person's