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Independent Reviewer of Terrorism Laws Bill 2008 [No. 2]

Part 3 Administrative provisions


12   Terms and conditions of appointment

             (1)  The Independent Reviewer holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment but, subject to subsection (2), is eligible for re-appointment.

             (2)  A person is not eligible to be appointed to the office of Independent Reviewer more than twice.

             (3)  The Independent Reviewer may be appointed on a full-time or part-time basis.

12A   Remuneration

             (1)  Subject to this section, the Independent Reviewer must be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration is in operation, the Independent Reviewer must be paid such remuneration as is prescribed.

             (2)  The Independent Reviewer must be paid such allowances as are prescribed.

             (3)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973 .

13   Resignation

                   A person appointed as Independent Reviewer may resign that office by writing signed by the Independent Reviewer and delivered to the Governor-General.

13A   Staff

             (1)  The staff necessary to assist the Independent Reviewer must be persons engaged under the Public Service Act 1999 .

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

                     (a)  the Independent Reviewer and the APS employees assisting the Independent Reviewer together constitute a Statutory Agency; and

                     (b)  the Independent Reviewer is the Head of that Statutory Agency.

14   Termination of appointment

             (1)  The Governor-General may terminate the appointment of the Independent Reviewer by reason of misbehaviour or physical or mental incapacity.

             (2)  If the Independent Reviewer:

                     (a)  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)  being a person holding office on a full-time basis:

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

                             (ii)  is absent from duty, except on leave, for 14 consecutive days or for 28 days in any period of 12 months; or

                     (c)  fails, without reasonable excuse, to comply with section 15;

the Governor-General must terminate the appointment of the Independent Reviewer.

(3)  An Independent Reviewer must not be removed or suspended from office except as provided by this section.

15   Disclosure of interests

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