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Australian Research Council Bill 2001

Part 5 Chief Executive Officer and staff

Division 1 Chief Executive Officer

34   Appointment of CEO

             (1)  There is to be a Chief Executive Officer of the ARC.

             (2)  The CEO is to be appointed by the Minister by written instrument for the period specified in the instrument. That period must not exceed 5 years.

             (3)  The Minister must not appoint a person as CEO unless:

                     (a)  except in the case of the first appointment of a person as CEO—the Minister has:

                              (i)  asked the Board for its advice in relation to the proposed appointment; and

                             (ii)  considered the Board’s advice; and

                     (b)  in any case—the Minister has considered the proposed appointee’s record in research and management.

35   Acting CEO

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

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

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

             (2)  Anything done by a person purporting to act under an appointment under subsection (1) 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:          For more information about acting appointments, see section 33A of the Acts Interpretation Act 1901 .

36   CEO holds office on full-time basis

                   The CEO holds office on a full-time basis.

37   Remuneration and allowances of CEO

             (1)  The CEO 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 CEO is to be paid the remuneration that is prescribed by the regulations.

             (2)  The CEO is to be paid the allowances that are prescribed by the regulations.

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

38   Other terms and conditions of CEO

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

             (2)  The CEO holds office on the terms and conditions (in relation to matters not covered by this Act) that are determined by the Minister in writing.

             (3)  Subject to subsection (4), the Minister may at any time, in writing, terminate the appointment of the CEO.

             (4)  The Minister must not terminate the appointment of the CEO unless the Minister has:

                     (a)  asked the Board for its advice in relation to the proposed termination; and

                     (b)  considered the Board’s advice.

             (5)  The CEO:

                     (a)  must not be present during any deliberation by the Board that relates to the provision of advice to the Minister for the purposes of paragraph 34(3)(a) (advice about appointment of person as CEO) or subsection (4) of this section (advice about termination of appointment); and

                     (b)  must not take part in any decision of the Board as to what advice to provide on that matter.

39   Duties of CEO

             (1)  In addition to the CEO’s duties under other provisions of this Act, the CEO has such other duties as are determined by the Board from time to time.

             (2)  The Board’s power to determine the CEO’s other duties is subject to the following qualifications:

                     (a)  the Board must ensure that the duties of the CEO include a duty to manage the day-to-day administration of the ARC;

                     (b)  the Board must consult the Minister about any proposed determination.

40   Resignation of CEO

                   The CEO may resign his or her appointment by giving the Minister a written resignation.


Division 2 Staff

41   Staff to be engaged under Public Service Act etc.

             (1)  The staff required to assist the ARC in the performance of its functions are to be persons engaged under the Public Service Act 1999 .

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

                     (a)  the CEO and the staff referred to in subsection (1) together constitute a Statutory Agency; and

                     (b)  the CEO is the Head of that Statutory Agency.