Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 7

Terms and conditions of office

7. Terms and conditions of office









(1) A person appointed as Chairman of the Authority or as Deputy Chairman-

   (a)  shall, subject to this Act, be entitled to hold office for such term
        not exceeding five years as is specified in the instrument of
        appointment and shall be eligible for re-appointment; and

   (b)  is entitled to be paid the remuneration and travelling and other
        allowances fixed by Order of the Governor in Council from time to
        time.

(2) The Governor in Council may at any time-

   (a)  remove the Chairman of the Authority or the Deputy Chairman from
        office; and

   (b)  fill any vacancy in the office of Chairman of the Authority or Deputy
        Chairman.

(3) The office of Chairman of the Authority or of Deputy Chairman shall become
vacant-

   (a)  at the expiration of the term of office;

   (b)  if the holder of the office dies;



* * * * *



   (d)  if the holder of the office resigns by writing addressed to the
        Governor in Council;

   (e)  if the holder of the office is removed from office under subsection
        (2);

   (f)  if the holder of the office engages in any paid employment outside the
        duties of the office without the consent of the Minister;

   (g)  if the holder of the office becomes an insolvent under administration;
        or



   (h)  if the holder of the office becomes incapable of performing the duties
        of the office.



* * * * *





(5) A person appointed as Chairman of the Authority or as Deputy Chairman-



* * * * *



   (b)  was immediately before that appointment employed in the public service
        or having formerly been employed in the public service, is employed in
        any capacity in which that person was eligible to be employed in the
        public service-

   (i)  is eligible to be employed in the public service at the termination of
        that appointment with a classification and emolument corresponding
        with or higher than that which that person held or received in the
        public service immediately before that appointment as if the service
        in such appointment or appointments had been service in the public
        service; and

   (ii) for the purposes of long service leave, is to be taken to continue to
        be an employee in the public service for the period of that
        appointment;

   (c)  who was immediately prior to the appointment an officer within the
        meaning of the State Superannuation Act 1988 or any corresponding
        previous enactment shall notwithstanding the appointment be deemed to
        continue subject to that Act to be an officer within the meaning of
        that Act; and





   (d)  subject to subsection (6), shall not during the term in that office
        have any financial interest in or be a shareholder of any corporation,
        business, undertaking or other trade licensed or required to be
        licensed under this Act.

(6) Subsection (5)(d) does not apply where a person appointed as Chairman of
the Authority or as Deputy Chairman holds not more than one per centum of the
total number of shares issued by a corporation listed for quotation on a
prescribed financial market (as defined in section 9 of the Corporations Act).

(7) The Public Administration Act 2004 (other than Part 3 of that Act) applies
to the person appointed as Chairman or as Deputy Chairman in respect of those
offices.