Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p45
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 109954–112629

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 for 28 days in any 12 months; or
     (d) being a part-time Commissioner—is absent, except on leave of absence granted by the Minister, from 3 consecutive meetings of the Commission,
the Governor-General shall terminate the appointment of the Commissioner.
"(3) A Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission, shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of that interest at a meeting of the Commission.
"(4) A disclosure under sub-section (3) shall be recorded in the minutes of the Commission, and the Commissioner shall not, unless the Minister otherwise determines—
     (a) be present during any deliberation of the Commission with respect to that matter; and
     (b) take part in any decision of the Commission with respect to that matter.
"(5) Sub-section (3) does not apply in relation to a matter relating to the provision of a telecommunications service provided by the Commission to a Commissioner.

Acting appointments
"16. (1) The Minister may appoint a person to act as Managing Director—
     (a) during a vacancy in the office of Managing Director; or

SCHEDULE 1—continued
     (b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Managing Director,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
"(2) Where a part-time Commissioner is appointed to act as the Managing Director, the office of the part-time Commissioner shall, for the purposes of sub-section (3), be deemed to be vacant.
"(3) The Minister may appoint a person to act as a part-time Commissioner—
     (a) during a vacancy in the office of such a Commissioner; or
     (b) during any period, or during all periods, when such a Commissioner is unable (whether on account of illness or otherwise) to attend meetings of the Commission,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
"(4) The Minister shall not appoint a person to be an acting Commissioner in place of a Commissioner referred to in paragraph 9 (1) (b) or (c), or to fill a vacancy in the office of such a Commissioner, unless the person would be eligible to be appointed to the office held or formerly held by that Commissioner.
"(5) An appointment under this section may be expressed