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Australian Centre for Renewable Energy Bill 2010

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6057

2008-2009-2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

Australian Centre for Renewable Energy Bill 2009

 

(1)     Clause 5, page 3 (after line 30), after subclause (1), insert:

          (1A)  On receiving any advice provided by the Board under subsection (1), the Minister must cause a copy of the advice to be laid before each House of the Parliament within 5 sitting days of that House after the day on which the Minister receives the advice.

[advice to be tabled]

(2)     Clauses 26 and 27, page 14 (lines 4 to 18), omit the clauses, substitute:

26   Chief Executive Officer

             (1)  There is to be a Chief Executive Officer of the Australian Centre for Renewable Energy.

             (2)  The Chief Executive Officer is to be appointed on a full-time basis.

             (3)  The Chief Executive Officer is to be appointed by the Governor-General by written instrument.

             (4)  The Chief Executive Officer is appointed for the period specified in his or her instrument of appointment. The period must not exceed 4 years.

Note:          For re-appointment, see subsection 33(4A) of the Acts Interpretation Act 1901 .

26A   Duties

             (1)  The Chief Executive Officer is responsible for the day-to-day administration and management of the Australian Centre for Renewable Energy and the control of its operations.

             (2)  The Chief Executive Officer is to act in accordance with any policies determined, and any directions given, by the Board in writing.

             (3)  The Chief Executive Officer has such other duties (if any) not covered by this Act that are determined by the Governor-General.

26B   Delegation

                   The Chief Executive Officer may, in writing, delegate to a member of the staff of the Australian Centre for Renewable Energy all or any of the duties or powers of the Chief Executive Officer, unless the regulations otherwise provide.

26C   Outside employment

                   The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Minister’s approval.

26D   Remuneration and allowances

             (1)  The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed in the regulations.

             (2)  The Chief Executive Officer is to be paid the allowances that are prescribed in the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

26E   Leave of absence

             (1)  The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

26F   Resignation

             (1)  The Chief Executive Officer may resign his or her appointment by giving the Governor-General a written resignation.

             (2)  The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

26G   Termination of appointment

             (1)  The Governor-General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

             (2)  The Governor-General may terminate the appointment of the Chief Executive Officer if:

                     (a)  the Chief Executive Officer :

                              (i)  becomes bankrupt; or

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

                            (iii)  compounds with his or her creditors; or

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

                     (b)  the Minister is satisfied that the performance of the Chief Executive Officer has been unsatisfactory; or

                     (c)  the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 consecutive months; or

                     (d)  the Chief Executive Officer engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or

                     (e)  the Chief Executive Officer fails, without reasonable excuse, to comply with section 13 or 14.

26H   Other terms and conditions

                   The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.

26I   Acting Chief Executive Officer

Acting Chief Executive Officer

             (1)  The Minister may appoint a person to act as the Chief Executive Officer:

                     (a)  during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Chief Executive Officer:

                              (i)  is absent from duty or Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

Validation

             (2)  Anything done by or in relation to a person purporting to act under an appointment 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.

Note:          See section 33A of the Acts Interpretation Act 1901 .

27   Staff

             (1)  The staff of the Australian Centre for Renewable Energy must be persons engaged under the Public Service Act 1999 .

             (2)  For the purposes of the Public Service Act 1999 :

                     (a)  the Chief Executive and the staff of the Australian Centre for Renewable Energy together constitute a Statutory Agency; and

                     (b)  the Chief Executive is the Head of that Statutory Agency.

Note:          The Chief Executive may also engage consultants or other persons on behalf of the Commonwealth for the benefit of the Board (see section 44 of the Financial Management and Accountability Act 1997 as it applies in relation to the Australian Centre for Renewable Energy as an Agency).

[independent Chief Executive Officer]

(3)     Clause 28, page 15 (line 6), omit “or 17”, substitute “, 17, 26C, 26E, 26G or 26I”.

[consequential - independent Chief Executive Officer]