Document ID: chunk:federal_register_of_legislation:C2004A04677:body:0:p13
Version: federal_register_of_legislation:C2004A04677
Segment Type: other
Provision Reference: 
Character Range: 35042–37895

Administrator, and of the members of the Administrator's immediate family, is up-to-date.

  "(4) In this section:

'Administrator' includes an acting Administrator.

Resignation of Administrator

"124D. An Administrator may resign by writing signed by him or her and sent to the Commission.

Leave of absence

"124E.(1) Subject to section 87E of the Public Service Act 1922, an Administrator is to have such recreation leave entitlements as are determined by the Remuneration Tribunal.

"(2) The Commission may grant an Administrator leave of absence (other than recreation leave) on such terms and conditions, as to remuneration or otherwise, as the Commission determines in writing.

Termination of appointment

Commission may terminate Administrator's appointment

"124F.(1) The Commission may terminate the appointment of an Administrator because of misbehaviour or physical or mental incapacity.

Commission must terminate Administrator's appointment

  "(2) If an Administrator:

     (a) is convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for one year or longer; or

     (b) is convicted of an offence against a Commonwealth, State or Territory law involving dishonesty and sentenced to imprisonment for 3 months or longer; or

  (c) fails, without reasonable excuse, to comply with section 124C; or

     (d) is absent from duty, except on leave of absence granted under section 124E, for 14 consecutive days or for 28 days in any period of 12 months; or

  (e) becomes bankrupt; or

     (f) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

  (g) compounds with his or her creditors; or

     (h) makes an assignment of his or her remuneration for the benefit of his or her creditors;

the Commission must terminate the Administrator's appointment.

Acting Administrator

"124G.(1) The Commission may appoint a person to act as an Administrator:

  (a) during a vacancy in an office of Administrator; or

     (b) during any period, or during all periods, when an Administrator is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;

but a person appointed to act during a vacancy must not continue so to act for more than 6 months.

"(2) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

  (a) the occasion for the appointment had not arisen; or

  (b) there was a defect or irregularity in connection with the appointment; or

  (c) the appointment had ceased to have effect; or

  (d) the occasion to act had not arisen or had ceased.

Other terms and conditions

"124H. An Administrator holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Commission by