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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 16-4 Matters concerning the Registrar’s and Deputy Registrars’ appointments

Division 663 Matters concerning the Registrar’s and Deputy Registrars’ appointments

663-1   Registrar’s remuneration

             (1)  The Registrar 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 Registrar is to be paid the remuneration that is determined in writing by the Minister.

             (2)  The Registrar is to be paid the allowances that are prescribed.

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

663-5   Resignation

             (1)  The Registrar may resign his or her appointment by giving the Minister a written resignation.

             (2)  A Deputy Registrar may resign his or her appointment by giving the Registrar a written resignation.

663-10   Termination of Registrar’s appointment

             (1)  The Minister may terminate the appointment of the Registrar for misbehaviour or physical or mental incapacity.

             (2)  The Minister must terminate the appointment of the Registrar if the Registrar:

                     (a)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

                     (b)  is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

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

                     (d)  fails, without reasonable excuse, to comply with section 663-20.

663-15   Termination of Deputy Registrar’s appointment

             (1)  The Registrar may terminate, by writing signed by him or her, the appointment of a Deputy Registrar.

             (2)  The appointment of the Deputy Registrar is terminated if the Deputy Registrar ceases to be, for any reason, engaged under the Public Service Act 1999 .

663-20   Disclosure of interests

             (1)  The Registrar must give written notice to the Minister of all interests, pecuniary or otherwise, that the Registrar has or acquires and that could conflict with the proper performance of the Registrar’s functions.

             (2)  A notice under subsection (1) is not a legislative instrument.

663-25   Acting appointments

Acting Registrar

             (1)  The Minister may appoint a person to act as the Registrar:

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

                     (b)  during any period, or during all periods, when the office holder is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Acting Deputy Registrar

             (2)  The Registrar may appoint a person to act as a Deputy Registrar:

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

                     (b)  during any period, or during all periods, when the office holder is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Validity of acts done by persons appointed to act

             (3)  Anything done by or in relation to a person purporting to act under an appointment as Registrar or Deputy Registrar 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.

663-30   Leave of absence

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

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

663-35   Outside employment

             (1)  The Registrar must not engage in paid employment outside the duties of the Registrar’s office without the Minister’s approval.

             (2)  An approval under subsection (1) is not a legislative instrument.