Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Agent-General and Commissioners for Victoria Bill
2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
PART 2--THE AGENT-GENERAL AND COMMISSIONERS
FOR VICTORIA 3
4 Appointment of Agent-General and Commissioners for Victoria 3
5 Terms and conditions 3
6 Resignation 4
7 Suspension and removal from office 4
8 Acting Commissioner 5
9 Functions and duties 5
10 Annual Report 7
11 Ministerial directions 7
12 Staff 7
13 Delegation 8
PART 3--TRANSITIONAL PROVISIONS AND REPEAL 9
14 Definition 9
15 General transitional provision 9
16 The Agent-General 9
17 Repeal of Agent-General's Act 1994 10
ENDNOTES 11
561151B.I-9/10/2007 i BILL LA INTRODUCTION 9/10/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Agent-General and Commissioners for
Victoria Bill 2007
A Bill for an Act to continue to provide for the appointment of an
Agent-General for Victoria, to provide for the appointment of other
Commissioners for Victoria, to repeal the Agent-General's Act 1994
and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to continue to provide for the appointment of
5 an Agent-General for Victoria;
(b) to provide for the appointment of other
Commissioners for Victoria;
(c) to repeal the Agent-General's Act 1994.
561151B.I-9/10/2007 1 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Part 1--Preliminary
s. 2
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Definitions
5 In this Act--
Agent-General means Agent-General for Victoria
appointed under section 4;
Commissioner means a Commissioner for
Victoria appointed under section 4;
10 post territory means a country in respect of which
the Agent-General or Commissioner is
required by or under this Act to perform
functions and carry out duties;
Secretary means Secretary to the Department of
15 Innovation, Industry and Regional
Development.
__________________
561151B.I-9/10/2007 2 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Part 2--The Agent-General and Commissioners for Victoria
s. 4
PART 2--THE AGENT-GENERAL AND COMMISSIONERS
FOR VICTORIA
4 Appointment of Agent-General and Commissioners
for Victoria
5 (1) The Governor in Council may appoint a person as
Agent-General for Victoria.
(2) The Governor in Council may appoint persons as
Commissioners for Victoria.
(3) The Governor in Council may appoint a
10 Commissioner on a full-time or a part-time basis.
(4) The person holding office as Agent-General for
Victoria also holds office as a Commissioner for
Victoria without the need for any further
appointment.
15 (5) In this Part a reference to a Commissioner
includes a reference to the Agent-General, unless
the contrary intention appears.
5 Terms and conditions
(1) A person appointed as a Commissioner holds
20 office for the term, not exceeding 5 years, that is
specified in his or her instrument of appointment
and is eligible for re-appointment.
(2) A person appointed as a Commissioner--
(a) is entitled to the remuneration and
25 allowances; and
(b) is appointed subject to any other terms and
conditions--
fixed in respect of the office by the Minister and
specified in his or her instrument of appointment.
561151B.I-9/10/2007 3 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Part 2--The Agent-General and Commissioners for Victoria
s. 6
(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a Commissioner in
respect of the office of Commissioner.
(4) A Commissioner ceases to hold office if he or
5 she--
(a) becomes an insolvent under administration;
or
(b) is convicted of an indictable offence or of an
offence which, if committed in Victoria,
10 would be an indictable offence.
6 Resignation
A Commissioner may resign from office by
delivering to the Governor a signed letter of
resignation.
15 7 Suspension and removal from office
The Governor in Council may suspend or remove
a Commissioner from office if, in the opinion of
the Governor in Council--
(a) he or she is guilty of misbehaviour; or
20 (b) he or she has contravened a code of conduct
issued by the Public Standards
Commissioner under section 63 of the
Public Administration Act 2004 that is
applicable to him or her; or
25 (c) he or she becomes incapable of carrying out
the duties of the office; or
(d) he or she has refused, neglected or failed to
carry out the duties of the office; or
(e) he or she has failed to comply with a
30 direction given to him or her by the Minister
under this Act.
561151B.I-9/10/2007 4 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Part 2--The Agent-General and Commissioners for Victoria
s. 8
8 Acting Commissioner
(1) The Governor in Council may appoint a person to
act as a Commissioner during any period when--
(a) the office of a Commissioner is vacant; or
5 (b) a Commissioner is absent from duty or is, for
any reason, unable to carry out the duties of
the office.
(2) The Governor in Council may at any time
terminate the appointment of an Acting
10 Commissioner.
(3) An Acting Commissioner has, during the period
of the appointment, the same powers and duties as
a Commissioner and may perform any of the
functions of a Commissioner.
15 (4) An Acting Commissioner is entitled to the
remuneration and allowances fixed in respect of
the office of Commissioner by the Minister under
section 5(2).
9 Functions and duties
20 (1) The function of the Agent-General is to represent
Victoria in the United Kingdom of Great Britain
and Northern Ireland and any other post territory
as directed by the Minister under section 11 for
the purpose of furthering the development of
25 commercial, economic, cultural, scientific and
technological relations.
(2) The function of a Commissioner is to represent
Victoria in any post territory as directed by the
Minister under section 11 for the purpose of
30 furthering the development of commercial,
economic, cultural, scientific and technological
relations.
561151B.I-9/10/2007 5 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Part 2--The Agent-General and Commissioners for Victoria
s. 9
(3) The duties of the Agent-General and other
Commissioners are to--
(a) promote Victoria's economic performance to
banks and other financial institutions in the
5 relevant post territory and generally to
investors in that territory; and
(b) promote investment in, and tourism to,
Victoria from the relevant post territory; and
(c) foster trade between Victoria and the
10 relevant post territory; and
(d) expand the market in the relevant post
territory for exported Victorian goods and
services; and
(e) facilitate the migration of people with
15 business and trade skills to Victoria from the
relevant post territory; and
(f) do anything else in the relevant post territory
that is conducive to the development of the
Victorian economy; and
20 (g) assist in the promotion of Victoria's cultural,
sporting and other major events in the
relevant post territory; and
(h) assist in the co-ordination of
intergovernmental relations between Victoria
25 and the relevant post territory; and
(i) foster friendly relations between Victoria and
the relevant post territory; and
(j) perform any other duty conferred by the
Minister.
561151B.I-9/10/2007 6 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Part 2--The Agent-General and Commissioners for Victoria
s. 10
10 Annual Report
On or before 31 August each year, each
Commissioner must submit to the Minister a
report on the performance of his or her functions
5 or the carrying out of his or her duties for the year
ending on 30 June.
11 Ministerial directions
(1) The Minister may give written directions to a
Commissioner in relation to--
10 (a) any post territory in respect of which the
Commissioner is to perform functions and
carry out duties;
(b) the performance of the Commissioner's
functions or the carrying out of his or her
15 duties.
(2) Any written direction given to a Commissioner by
the Minister must be published in the Government
Gazette as soon as practicable after the Minister
makes the direction.
20 (3) The Minister may require a Commissioner to
prepare and deliver, at the time and in the manner
specified by the Minister--
(a) a report on the performance of his or her
functions or the carrying out of his or her
25 duties;
(b) a report on any matters that are specified by
the Minister.
12 Staff
(1) There may be employed under Part 3 of the
30 Public Administration Act 2004 any employees
that are necessary for the purposes of this Act.
561151B.I-9/10/2007 7 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Part 2--The Agent-General and Commissioners for Victoria
s. 13
(2) A Commissioner may, with the approval of the
Secretary--
(a) appoint or employ, on terms and conditions
fixed by the Secretary, any officers and
5 employees that are necessary for the
purposes of this Act;
(b) dismiss any person appointed or employed
under paragraph (a).
13 Delegation
10 (1) The Minister may, by instrument, delegate to the
Secretary any power of the Minister under this
Act, other than this power of delegation.
(2) The Secretary may, by instrument, delegate to a
member of staff of the Department of Innovation,
15 Industry and Regional Development any power of
the Secretary under section 12(2).
__________________
561151B.I-9/10/2007 8 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Part 3--Transitional Provisions and Repeal
s. 14
PART 3--TRANSITIONAL PROVISIONS AND REPEAL
14 Definition
In this Part, former Act means the Agent-
General's Act 1994.
5 15 General transitional provision
This Part does not affect or take away from the
Interpretation of Legislation Act 1984.
16 The Agent-General
(1) The person holding office as Agent-General under
10 the former Act immediately before the
commencement of this Act must be taken to have
been appointed as Agent-General under this Act
for the balance of the term of his or her
appointment under that Act.
15 (2) Until the Minister under section 5(2) fixes
remuneration and other terms and conditions in
respect of the office of Agent-General, the person
holding that office by force of subsection (1) does
so on the same terms and conditions on which he
20 or she held office under the former Act
immediately before the commencement of this
Act.
(3) All officers and employees holding an
appointment or employed under section 11 of the
25 former Act immediately before the
commencement of this Act must be taken to have
been appointed or employed under section 12(2)
of this Act on the same terms and conditions as
those that applied to their appointment or
30 employment under the former Act immediately
before that commencement and with the benefit of
all rights then accrued.
561151B.I-9/10/2007 9 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Part 3--Transitional Provisions and Repeal
s. 17
See: 17 Repeal of Agent-General's Act 1994
Act No.
11/1994. The Agent-General's Act 1994 is repealed.
Reprint No. 1
as at 15 July
1999
and
amending
Act Nos
74/2000 and
108/2004.
LawToday:
www.
legislation.
vic.gov.au
561151B.I-9/10/2007 10 BILL LA INTRODUCTION 9/10/2007
Agent-General and Commissioners for Victoria Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561151B.I-9/10/2007 11 BILL LA INTRODUCTION 9/10/2007
[Index] [Search] [Download] [Related Items] [Help]