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Commonwealth Superannuation Board Bill 1998

Part 4 Administrative provisions

   

10   Membership of Board

             (1)  The Board is to consist of 7 members, as follows:

                     (a)  a Chairman appointed by the Minister with the agreement of the members referred to in paragraphs (b) and (c);

                     (b)  3 people appointed by the Minister;

                     (c)  3 people chosen by an electoral process determined in accordance with subsection (2), and appointed by the Minister.

             (2)  The electoral process for choosing people for appointment as elected members, or choosing people for appointment under subsection 12(2) to act as elected members, is to be determined by the Minister.

             (3)  The people who are eligible to vote in the electoral process determined under subsection (2) are people who have reached the age of 18 years and:

                     (a)  are eligible employees or pensioners for the purposes of the Superannuation Act 1976 ; or

                     (b)  are members of, or are receiving pensions or other payments of a continuing nature under, the Public Sector Superannuation Scheme or a superannuation scheme established under or for the purposes of a declared non-statutory superannuation instrument; or

                     (c)  have deferred or preserved benefits under an Act or superannuation scheme referred to in paragraph (a) or (b); or

                     (d)  are receiving pensions under the Superannuation Act 1922 or the Papua New Guinea (Staffing Assistance) Act 1973 .

             (4)  A disqualified person is not eligible for appointment.

             (5)  A person is not eligible for appointment as a member referred to in paragraph (1)(b) unless the person is qualified for the appointment because of the person’s knowledge of, or experience in, law, public administration, public policy or the investment of money.

             (6)  A person is not eligible to be appointed as a member unless the person:

                     (a)  is ordinarily resident in Australia; and

                     (b)  has reached the age of 18 years.

             (7)  A non-elected member holds office for the period, not exceeding 3 years, specified in the instrument of appointment.

             (8)  An elected member holds office for 3 years.

             (9)  The members hold office on a part-time basis.

           (10)  Subject to this section, a member is eligible for re-appointment.

           (11)  A member holds office on such terms and conditions (in respect of matters not provided for by this Act) as are determined by the Minister.

11   Acting Chairman

             (1)  The Minister may appoint a person (other than a disqualified person) to act as Chairman:

                     (a)  during a vacancy in the office of Chairman; or

                     (b)  during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Chairman;

but a person appointed to act during a vacancy must not continue so to act for more than 12 months.

             (2)  An appointment of a person under subsection (1) may be expressed to have effect only in circumstances set out in the instrument of appointment.

             (3)  The Minister may:

                     (a)  determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Chairman; and

                     (b)  terminate such an appointment at any time.

             (4)  If there is no determination in operation under paragraph (3)(a) in relation to the remuneration or allowances of a person acting as Chairman, the person is not to be paid any remuneration or allowances but, if the person or the person’s employer incurs any expenses in connection with the performance of the person’s duties as acting Chairman, the person or employer, as the case may be, is to be reimbursed for those expenses.

             (5)  If a person is acting as Chairman in accordance with paragraph (1)(b) and the office of Chairman becomes vacant while the person is so acting, then, subject to subsection (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred ends, whichever first happens.

             (6)  A person appointed to act as Chairman may resign by writing signed by the person and delivered to the Minister.

             (7)  While a person is acting as Chairman, the person has and may exercise all the powers, and is to perform all the functions, of the Chairman under this Act or any other law.

12   Acting member

             (1)  In this section:

member does not include the Chairman.

             (2)  Subject to subsections (3) and (4), the Minister may appoint a person (other than a person who is not eligible for appointment as a member) to act as a member:

                     (a)  if there is a vacancy in an office of member, whether or not an appointment has previously been made to the office under section 10; or

                     (b)  during any period, or during all periods, when a member is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of member;

but a person appointed to act during a vacancy must not continue so to act for more than 12 months.

             (3)  If a vacancy referred to in paragraph (2)(a) exists because no one has previously been appointed to the office concerned under section 10, no person who is appointed to act in the office during the vacancy may continue so to act after the end of the period of 6 months beginning on the date of commencement of this Part.

             (4)  A person cannot be appointed under subsection (2):

                     (a)  to act in a vacant office the previous holder of which was an elected member; or

                     (b)  to act in an office the holder of which is an elected member;

unless the person is chosen by an electoral process determined in accordance with subsection 10(2) or, if there is no one available for appointment who was chosen by that electoral process, the other members of the Board have agreed to the person’s appointment.

             (5)  A reference in subsection (4) to a person chosen by an electoral process is a reference to a person chosen at the last election held by that electoral process to choose people for appointment under subsection (2).

             (6)  An appointment of a person under subsection (2) may be expressed to have effect only in circumstances set out in the instrument of appointment.

             (7)  The Minister may:

                     (a)  determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as a member; and

                     (b)  terminate such an appointment at any time.

             (8)  If there is no determination in operation under paragraph (7)(a) in relation to the remuneration or allowances of a person acting as a member, the person is not to be paid any remuneration or allowances but, if the person or the person’s employer incurs any expenses in connection with the performance of the person’s duties as an acting member, the person or employer, as the case may be, is to be reimbursed for those expenses.

             (9)  If a person is acting as a member in accordance with paragraph (2)(b) and the office of that member becomes vacant while the person is so acting, then, subject to subsection (6), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred ends, whichever first happens.

           (10)  A person appointed to act as a member may resign by writing signed by the person and delivered to the Minister.

           (11)  While a person is acting as a member, the person has and may exercise all the powers, and is to perform all the functions, of a member under this Act or any other law.

13   Remuneration

             (1)  A member is to be paid remuneration and allowances as determined by the Remuneration Tribunal.

             (2)  However, if no determination by the Tribunal is in operation in relation to a member, the member is to be paid remuneration and allowances as determined by the Minister.

             (3)  If no determination by the Tribunal or the Minister is in operation in relation to a member, the member is not to be paid remuneration or allowances but, if the member or the member’s employer incurs any expenses in connection with the performance of the member’s duties as a member, the member or employer, as the case may be, is to be reimbursed for those expenses.

14   Source of payment of remuneration and allowances or reimbursement of expenses

             (1)  The remuneration and allowances of the Chairman or of a person acting as Chairman are to be paid:

                     (a)  partly out of the CSS Fund and partly out of the PSS Fund; or

                     (b)  if the Board has functions in relation to a declared non-statutory superannuation instrument, partly out of those Funds and partly out of the fund established under or for the purposes of the instrument;

as determined by the Minister.

             (2)  The remuneration and allowances of a member other than the Chairman, or of a person acting as a member other than the Chairman, may be paid:

                     (a)  partly out of the CSS Fund and partly out of the PSS Fund; or

                     (b)  out of the Consolidated Revenue Fund; or

                     (c)  partly out of the CSS Fund, partly out of the PSS Fund and partly out of the Consolidated Revenue Fund;

as determined by the Minister.

             (3)  The Consolidated Revenue Fund is appropriated for the purposes of making payments under paragraph (2)(b) or (c).

             (4)  If a member, an acting member or the employer of a member or acting member is entitled to be reimbursed for expenses incurred by the member, acting member or employer in connection with the performance of the duties of the member or acting member, the reimbursement is to be made out of the money of the Board.

15   Leave of absence

                   The Minister may grant leave of absence to a member on such terms and conditions as to remuneration or otherwise as the Minister determines.

16   Resignation of member

                   A member may resign from office by writing signed by the member and delivered to the Minister.

17   Termination of appointment of members

             (1)  The Minister may terminate the appointment of a member for:

                     (a)  misbehaviour or physical or mental incapacity; or

                     (b)  inefficiency or incompetence.

             (2)  If a member:

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

                     (b)  fails, without reasonable excuse, to comply with section 19; or

                     (c)  is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Board of which the member has had notice;

the Minister may terminate the member’s appointment.

             (3)  If a member becomes a disqualified person, then, despite any other provision of this Act, the member’s appointment terminates.

18   Meetings

             (1)  The Board is to hold such meetings as are necessary for the performance of its functions.

             (2)  The Chairman:

                     (a)  may convene a meeting at any time; and

                     (b)  must convene a meeting within 30 days after receiving a written request signed by another member.

             (3)  The Chairman is to preside at all meetings at which he or she is present.

             (4)  If the Chairman is not present at a meeting:

                     (a)  a member nominated by him or her is to preside; or

                     (b)  if no member is so nominated—the members present are to elect one of them to preside.

             (5)  At a meeting, 5 members form a quorum.

             (6)  Decisions at a meeting must be affirmed by at least 5 votes of members present at the meeting.

             (7)  The Board must keep accurate minutes of all its meetings.

             (8)  In this section:

Chairman includes a person who is acting as Chairman.

member includes a person who is acting as a member.

19   Disclosure of interests

             (1)  Each member must:

                     (a)  as soon as practicable after, but in any case not later than 60 days after, becoming a member; and

                     (b)  as soon as practicable after, but in any case not later than 60 days after, each anniversary of becoming a member;

present to a meeting of the Board a statement in writing setting out particulars of all the member’s interests, whether pecuniary or otherwise and whether direct or indirect, as at the day of becoming a member or as at that anniversary, as the case requires, that could reasonably be expected to conflict with the proper performance of the member’s duties as a member.

             (2)  If:

                     (a)  a member acquires an interest, whether pecuniary or otherwise and whether direct or indirect, that could reasonably be expected to conflict with the proper performance of his or her duties as a member; and

                     (b)  a statement setting out particulars of the interest has not been presented to a meeting of the Board under subsection (1);

the member must, as soon as possible after acquiring the interest, present to a meeting of the Board a statement in writing setting out particulars of the interest.

             (3)  A statement presented to a meeting under subsection (1) or (2) is to be incorporated in the minutes of the meeting.

             (4)  A member or acting member who has a direct or indirect pecuniary interest in a matter being considered by the Board must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the Board.

             (5)  A disclosure under subsection (4) is to be recorded in the minutes of the meeting and the member or acting member must not, unless the Board or the Minister otherwise determines:

                     (a)  be present during any deliberation of the Board with respect to the matter to which the disclosure relates; or

                     (b)  take part in any decision of the Board with respect to that matter.

             (6)  For the purpose of the making of a determination by the Board under subsection (5), a member or acting member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not:

                     (a)  be present during any deliberation of the Board for the purpose of making the determination; or

                     (b)  take part in making the determination.

             (7)  Subsection (4) applies whether or not particulars of the interest in question have been disclosed under subsection (1) or (2).

20   Delegation by Board

             (1)  The Board may, by writing under its common seal, delegate to:

                     (a)  a member; or

                     (b)  an employee of the Board; or

                     (c)  an officer of the Department; or

                     (d)  any person who provides administrative services to the Board; or

                     (e)  any other person who performs duties in connection with the administration of any of the superannuation legislation or any declared non-statutory superannuation instrument;

all or any of its powers under this Act, the superannuation legislation, or any declared non-statutory superannuation instrument, except its power to reconsider its own decisions or decisions made by its delegates.

             (2)  The Board may, by writing under its common seal:

                     (a)  delegate to a Reconsideration Advisory Committee established under section 153AB of the repealed Superannuation Act 1976 the Board’s power under that repealed Act to reconsider its own decisions or decisions made by its delegates; or

                     (b)  delegate to a Reconsideration Advisory Committee established under the Trust Deed the Board’s power under that Deed to reconsider its own decisions or decisions made by its delegates.

21   Vacancies not to invalidate actions of Board

                   An act done by the Board is not invalid merely because of a vacancy or vacancies in the membership of the Board.

22   Defective appointment not invalid etc .

             (1)  The appointment of a person:

                     (a)  as a member; or

                     (b)  to act as a member;

is not invalid because of a defect or irregularity in connection with the appointment.

             (2)  Subsection (1) does not apply to a defect or irregularity in connection with the electoral process to choose people as elected members, or to choose people to act as elected members.

             (3)  Anything done by or in relation to a person purporting to act as a member is not invalid merely because:

                     (a)  the occasion for the person’s appointment had not arisen; or

                     (b)  the occasion for the person to act had not arisen or had ceased; or

                     (c)  the person’s appointment had ceased to have effect.