Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 3) 1993 No. 1 of 1994 - SECT 14

14. After section 124 of the Principal Act the following sections are
inserted: Remuneration and allowances

"124A. An Administrator is entitled to remuneration and allowances in
accordance with section 194. Administrator holds office on a full-time basis

"124B. An Administrator holds office on a full-time basis. Disclosure of
interests

"124C.(1) An Administrator must make to the Commission Chairperson a written
disclosure of:

   (a)  the Administrator's financial interests; and

   (b)  the financial interests of the Administrator's immediate family;
        equivalent to the disclosure of financial interests required to be
        made by officers of the Australian Public Service who are members of
        the Senior Executive Service.

"(2) An Administrator must make a disclosure under subsection (1) within one
month after being appointed as an Administrator.

"(3) An Administrator must from time to time make such further disclosures as
are necessary to ensure that the information available to the Commission
Chairperson about the financial interests of the 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 notice in the Gazette. Commission may appoint replacement
Administrator if there is a vacancy in an office of Administrator

"124J. If there is a vacancy in an office of Administrator caused by the
death, resignation or termination of appointment of the Administrator, the
Commission may, by notice in the Gazette, appoint a replacement Administrator
to administer the affairs of the Regional Council concerned.".