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Governance Review Implementation (Science Research Agencies) Bill 2007

Schedule 1 Australian Institute of Marine Science Act 1972

   

1  Paragraph 20A(a)

Omit “the grant of leave to him or her by the Council”, substitute “him or her”.

2  Section 21

Omit “the Governor-General on the recommendation of”.

3  Subsection 22(1)

Omit “(1)”.

4  Subsection 22(1)

Omit “7”, substitute “5”.

5  Subsection 22(1)

Omit “Governor-General”, substitute “Council”.

6  Subsection 25(2)

Omit “Minister”, substitute “Council”.

7  Section 26

Omit “Governor-General”, substitute “Council”.

8  Sections 27 and 28

Repeal the sections, substitute:

27   Termination of appointment

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

             (2)  The Council may terminate the appointment of the Chief Executive Officer if:

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

                     (b)  the Chief Executive Officer is absent, except on leave of absence granted by the Council, from 3 consecutive meetings of the Council; or

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

                     (d)  the Chief Executive Officer fails, without reasonable excuse, to comply with his or her obligations under section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ; or

                     (e)  the Council is satisfied that the performance of the Chief Executive Officer has been unsatisfactory for a significant period.

9  Section 29

Omit “Minister” (wherever occurring), substitute “Council”.

10  Subsections 30(1), (3), (4) and (5)

Omit “Minister”, substitute “Council”.

11  Section 42

Repeal the section.

12  Application of amendments—Chief Executive Officer

(1)       The amendments and repeals made by this Schedule apply to a person appointed after commencement as Chief Executive Officer.

(2)       The instrument of appointment of the current Chief Executive Officer continues in effect after commencement, despite the amendments and repeals made by this Schedule.

(3)       Subject to subitem (4), the old Act continues to apply, in relation to the current Chief Executive Officer, as if the amendments and repeals made by this Schedule had not happened.

(4)       Subsection 25(2) of the Australian Institute of Marine Science Act 1972 , as amended by this Schedule, has effect after commencement in relation to the current Chief Executive Officer.

(5)       In this item:

commencement means the commencement of this item.

current Chief Executive Officer means the person who, immediately before commencement, held the office of Chief Executive Officer of the Australian Institute of Marine Science under section 21 of the old Act.

old Act means the Australian Institute of Marine Science Act 1972 , as in force immediately before commencement.