Document ID: chunk:federal_register_of_legislation:C2004A03550:body:0:p38
Version: federal_register_of_legislation:C2004A03550
Segment Type: other
Provision Reference: 
Character Range: 96640–99387

unable to perform the duties of the office.
"(3) An appointment of a person under subsection (1) or (2) may be expressed to have effect only in specified circumstances.
"(4) A person appointed under subsection (1) or (2) to act during a vacancy in the office of Chairman or Deputy Chairman shall not continue to act for more than 12 months.
"(5) Where:
     (a) a person is acting as Chairman under paragraph (1) (b) or as Deputy Chairman under paragraph (2) (b); and
     (b) the office of Chairman or Deputy Chairman, as the case may be, becomes vacant;
then, subject to subsection (3), the person may continue to act until:
     (c) the Minister otherwise directs in writing;
     (d) the vacancy is filled; or

SCHEDULE 1—continued
     (e) a period of 12 months from the day on which the vacancy occurred expires;
whichever happens first.
"(6) A person acting as Chairman or Deputy Chairman has all the powers and duties of the Chairman and Managing Director, or Deputy Chairman and Deputy Managing Director, as the case may be.
"(7) The Minister may:
     (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as Chairman or Deputy Chairman; and
     (b) terminate the appointment at any time.
"(8) A person appointed to act as Chairman or Deputy Chairman may resign the appointment by writing signed by the person and delivered to the Minister.
"(9) Anything done by or in relation to a person purporting to act as Chairman or Deputy Chairman is not invalid because:
     (a) the occasion for the appointment had not arisen;
     (b) there was a defect or irregularity in connection with the appointment;
     (c) the appointment had ceased to have effect; or
     (d) the occasion for the person to act had not arisen or had ceased.".

Subsection 9 (10):
Omit the subsection.

Section 11:
Repeal the section, substitute the following section:

Termination of appointment
"11. (1) The Governor-General may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
"(2) If:
     (a) a member becomes bankrupt, applies to take the benefit of a 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) a member, without reasonable excuse, contravenes section 10;
     (c) the Chairman or Deputy Chairman:
         (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 28 days in any 12 months; or

SCHEDULE 1—continued
     (d) a member (other than the Chairman