Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Infrastructure Australia Bill 2008

Part 3 The Infrastructure Coordinator

Division 1 Establishment and functions of the Infrastructure Coordinator

27   Establishment

                   There is to be an Infrastructure Coordinator.

28   Functions

             (1)  The primary function of the Infrastructure Coordinator is to assist Infrastructure Australia in the performance of Infrastructure Australia’s functions.

             (2)  The Infrastructure Coordinator also has any functions that the Minister, by writing, directs the Infrastructure Coordinator to perform.

             (3)  The Minister may have regard to any views of Infrastructure Australia in making directions under subsection (2).

             (4)  A direction made under subsection (2) is not a legislative instrument.



 

Division 2 Terms and conditions of appointment

29   Appointment

             (1)  The Infrastructure Coordinator is to be appointed by the Minister by written instrument.

             (2)  The Infrastructure Coordinator is to be appointed on a full-time basis.

30   Term of appointment

                   The Infrastructure Coordinator holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note:          The Infrastructure Coordinator is eligible for reappointment: see subsection 33(4A) of the Acts Interpretation Act 1901 .

31   Acting Infrastructure Coordinator

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

                     (a)  during a vacancy in the office of the Infrastructure Coordinator (whether or not an appointment has previously been made to the office); or

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

Note:          Section 33A of the Acts Interpretation Act 1901 has rules that apply to acting appointments.

             (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.

32   Remuneration

             (1)  The Infrastructure Coordinator 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 Infrastructure Coordinator is to be paid the remuneration that is prescribed.

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

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

33   Leave of absence

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

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

34   Disclosure of interests to the Minister

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

35   Outside employment

                   The Infrastructure Coordinator must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

36   Other terms and conditions

                   The Infrastructure Coordinator holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

37   Resignation

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

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

38   Termination of appointment

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

             (2)  The Minister may terminate the appointment of the Infrastructure Coordinator if:

                     (a)  the Infrastructure Coordinator:

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

                     (c)  the Infrastructure Coordinator engages, except with the Minister’s approval, in paid employment outside the duties of his or her office (see section 35); or

                     (d)  the Infrastructure Coordinator fails, without reasonable excuse, to comply with section 34 (disclosure of interests).



 

Division 3 Staff assisting the Infrastructure Coordinator

39   Staff assisting the Infrastructure Coordinator

                   The staff assisting the Infrastructure Coordinator are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Secretary of the Department.