Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p25
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 25/38)
Character Range: 80113–82867

State or Territory, being a company or body corporate in which the Commonwealth has a controlling interest; or

       (d) a company or other body corporate incorporated under an Act or a law of a State or Territory, being a company or body corporate in which:

           (i) an authority or body referred to in paragraph (a), or (c) has; or

           (ii) the Commonwealth and one, or more than one, such authority or body together have; or

           (iii) 2 or more such authorities or bodies together have; a controlling interest.

    "(1c) The Trust must not perform any of its functions otherwise than for a purpose in respect of which the Parliament has power to make laws.

    "(1d) In spite of subsection (1c), it is the intention of the Parliament that, where a State law confers a power or function on the Trust, the Trust may, with the written approval of the Minister, exercise that power or perform that function, as the case may be.";

      (b) by inserting at the end of paragraphs (2) (e) and (f) "and any other services provided by the Trust".

25. (1) Sections 30, 30a and 31 of the Principal Act are repealed and the following section is substituted:

Membership of Trust

"30. (1) The Trust consists of the following members:

(a) the Chairperson;

(b) the Chief Executive Officer;

(c) not less than 3, and not more than 5, other members.

"(2) The members referred to in paragraphs (1) (a) and (c):

(a) are part-time members; and

(b) are appointed by the Governor-General.

"(3) A part-time member:

    (a) holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment; and

    (b) is eligible for re-appointment.

"(4) The appointment of a part-time member is not invalid because of a defect or irregularity in connection with the member's appointment.

"(5) A part-time member 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.".

(2) The persons who, immediately before 1 July 1990, were members of the Trust cease on that day to be such members.

Remuneration and allowances

26. Section 32 of the Principal Act is amended by omitting from subsections (1) and (2) "Chairperson and the".

Leave of absence

27. Section 33 of the Principal Act is amended by inserting "part-time" before "member".

Resignation

28. Section 34 of the Principal Act is amended by inserting "part-time" before "member" (first occurring).

Disclosure of interests

29. Section 34a of the Principal Act is amended:

   (a) by omitting from paragraph (1) (a) "appointment as" and substituting "becoming";

   (b) by omitting from paragraph (1) (b) "the member's appointment as" and substituting "becoming";