Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Inspector-General of Taxation Bill 2003

Part 3 Administrative provisions about the Inspector-General and staff

   

28   Appointment

Appointment by Governor-General on full-time basis

             (1)  The Inspector-General is to be appointed by the Governor-General by written instrument. The appointment is to be on a full-time basis.

Obligation to fill vacancy as soon as practicable

             (2)  Whenever a vacancy occurs in the office of Inspector-General, an appointment must be made to the office as soon as practicable.

Period of appointment

             (3)  The Inspector-General holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Terms and conditions not covered by this Act

             (4)  The Inspector-General holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.

29   Acting appointment

             (1)  The Minister may appoint a person to act as the Inspector-General:

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

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

             (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.

30   Remuneration

             (1)  The Inspector-General 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 Inspector-General is to be paid the remuneration that is prescribed.

             (2)  The Inspector-General is to be paid the allowances that are prescribed.

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

31   Leave

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

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

32   Engaging in other paid work

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

33   Disclosure of interests

                   The Inspector-General must give written notice to the Minister of all interests (financial or otherwise) that the Inspector-General has or acquires and that could conflict with the proper performance of the Inspector-General’s functions.

34   Resignation

                   The Inspector-General may resign his or her appointment by giving the Governor-General a written resignation.

35   Termination of appointment

Obligation to terminate on certain grounds

             (1)  The Governor-General must terminate the appointment of the Inspector-General if the Inspector-General:

                     (a)  becomes bankrupt; or

                     (b)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                     (c)  compounds with his or her creditors; or

                     (d)  assigns his or her remuneration for the benefit of his or her creditors; or

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

                      (f)  fails to comply with section 32 (engaging in other paid work); or

                     (g)  fails, without reasonable excuse, to comply with section 33 (disclosure of interests).

Discretion to terminate for misbehaviour or physical or mental incapacity

             (2)  Subject to subsections (3) and (4), the Governor-General may terminate the appointment of the Inspector-General on the ground of misbehaviour or physical or mental incapacity.

             (3)  If the Inspector-General:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976 ; and

                     (b)  has not reached his or her maximum retiring age within the meaning of that Act;

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the CSS Board has given a certificate under section 54C of that Act.

             (4)  If the Inspector-General:

                     (a)  is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and

                     (b)  is under 60 years of age;

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the PSS Board has given a certificate under section 13 of that Act.

36   Staff and consultants

Staff engaged under the Public Service Act

             (1)  The staff required to assist the Inspector-General in the performance of the Inspector-General’s functions are to be persons engaged under the Public Service Act 1999 .

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

                     (a)  the Inspector-General and the APS employees so assisting the Inspector-General together constitute a Statutory Agency; and

                     (b)  the Inspector-General is the Head of that Statutory Agency.

Secondments and similar arrangements

             (3)  The Inspector-General may arrange with an Agency Head (within the meaning of the Public Service Act 1999 ) for the services of employees or officers of the Agency to be made available to the Inspector-General.

Consultants

             (4)  The Inspector-General may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Inspector-General. The terms and conditions of the engagement of a person are such as are determined by the Inspector-General.