Document ID: chunk:federal_register_of_legislation:C2004A04760:body:0:p2
Version: federal_register_of_legislation:C2004A04760
Segment Type: other
Provision Reference: 
Character Range: 2447–5264

Tribunal Act 19752.

Insertion of new section

  8. After section 8 of the Principal Act the following section is inserted:

Special provisions—President on the bench of the Australian Industrial Relations Commission

When section applies

  "8A.(1) This section applies if:

     (a) a person (the 'eligible person') held the office of President of the Tribunal immediately before the commencement of this section; and

     (b) before the commencement of this section, the eligible person became the first person to be appointed President of the Australian Industrial Relations Commission after the commencement of subsection 16(1A) of the Industrial Relations Act 1988; and

     (c) the eligible person was so appointed for a fixed term (the 'IRC period') specified in the eligible person's commission of appointment.

Eligible person deemed to have vacated office of President of the Tribunal

"(2) The eligible person is taken to have vacated the office of President of the Tribunal immediately after the commencement of this section.

Tenure of replacement President of the Tribunal

"(3) If the appointment of a person (the 'replacement person') to the office of President of the Tribunal takes effect:

     (a) after the commencement of this section and before the end of the IRC period; and

  (b) at a time when:

        (i) the eligible person is, or has previously ceased to be, President of the Australian Industrial Relations Commission; and

        (ii) the eligible person is a Judge of the Federal Court of Australia; and

        (iii) the eligible person has not given a written notice to the Governor-General to the effect that the eligible person no longer wishes to return to the Tribunal;

then, in spite of section 8, the replacement person holds the office of President of the Tribunal until:

  (c) the end of the IRC period; or

     (d) the eligible person ceases to be a Judge of the Federal Court of Australia; or

     (e) the eligible person gives a written notice to the Governor-General to the effect that the eligible person no longer wishes to return to the Tribunal; or

     (f) the replacement person dies, resigns, retires or is removed from office; or

  (g) the replacement person ceases to be a Judge; or

  (h) the replacement person's 70th birthday;

whichever first happens.

Eligible person to be re-appointed as President of the Tribunal

  "(4) If:

     (a) the eligible person is a Judge of the Federal Court of Australia at the end of the IRC period; and

     (b) the eligible person has not given a written notice to the Governor-General to the effect that the eligible person no longer wishes to return to the Tribunal;

the eligible person is taken to have been re-appointed as President of the Tribunal under section 6 immediately after the end of the IRC