Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p4
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 4/48)
Character Range: 40574–43218

may resign office by writing signed by the Trustee and delivered to the Minister.

Termination of Appointment

5. (1) The Minister may terminate the appointment of a Trustee for:
     (a) misbehaviour or physical or mental incapacity; or
     (b) inefficiency or incompetence.

(2) If a Trustee:
     (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the Trustee's creditors or makes an assignment of the Trustee's remuneration for their benefit; or
     (b) fails, without reasonable excuse, to comply with the Trustee's obligations under clause 7; or
     (c) is absent, except on leave granted by the Minister, from 3 consecutive meetings of CSC of which the Trustee has had notice;
the Minister may terminate the appointment of the Trustee.

Acting Appointments

6. (1) The Minister may appoint a person to act as Chairperson after consultation with the Minister for Finance in relation to the appointment:
     (a) during a vacancy in the office of Chairperson; or
     (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.

(2) The Minister may appoint a person to act as a Trustee:
     (a) during a vacancy in the office of a Trustee; or
     (b) during any period, or during all periods, when a Trustee is acting as Chairperson, is absent from Australia or is, for any reason, unable to perform the duties of that office.

(3) The Minister shall only appoint a person to act as a Trustee who meets the same criteria, as set out in subclauses 4 (1) (a) or (b), as the Trustee in whose place the Trustee is to act.

(4) An appointment under subclause (1) or (2) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(5) While a person is acting as Chairperson or as a Trustee, the person has and may exercise all the powers, and shall perform all the duties, of the Chairperson or the Trustee as the case may be.

(6) The Minister may:
     (a) determine the terms and conditions of appointment, including remuneration and allowances of a person appointed to act in an office under subclause (1) or (2); and
     (b) terminate such an appointment at any time.

(7) A person appointed to act in an office under subclause (1) or (2) may resign the appointment by writing signed by the person and delivered to the Minister.

Disclosure of Interests

7. (1) Each Trustee shall:
     (a) as soon as possible after, but in any case not later than 60 days after, appointment as a