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Australian Radiation Protection and Nuclear Safety Bill 1998

Part 6 Administrative matters

Division 1 Appointment, conditions etc. of CEO

33   Appointment of CEO

             (1)  The CEO is to be appointed by the Governor-General for a term of up to 5 years.

             (2)  The CEO holds office on a full-time basis.

34   Remuneration and allowances

             (1)  The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. However, 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 such allowances as are prescribed by the regulations.

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

35   Outside employment

                   The CEO must not engage in any paid employment outside the duties of the office without the Minister’s written approval.

36   Recreation leave etc.

             (1)  Subject to section 87E of the Public Service Act 1922 , the CEO has such recreation leave entitlements as are determined by the Remuneration Tribunal.

             (2)  The Minister may grant the CEO other leave of absence on such terms and conditions as the Minister determines. The terms and conditions may include terms and conditions relating to remuneration.

37   Resignation

                   The CEO may resign by giving the Governor-General a signed resignation notice.

38   Disclosure of interests

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

39   Termination of appointment

             (1)  The Governor-General may terminate the appointment of the CEO for physical or mental incapacity, misbehaviour, incompetence or inefficiency.

             (2)  The Governor-General must terminate the appointment of the CEO if the CEO does any of the following:

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

                     (b)  becomes bankrupt;

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

                     (d)  compounds with his or her creditors;

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

                      (f)  contravenes section 38, without a reasonable excuse;

                     (g)  engages in paid employment outside the duties of the office, without the Minister’s written approval.

             (3)  If the CEO is:

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

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

the Governor-General may, with the consent of the CEO, retire the CEO from office on the ground of physical or mental incapacity.

             (4)  For the purposes of the Superannuation Act 1976 , the CEO is taken to have been retired from office on the ground of invalidity if:

                     (a)  the CEO is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the Commonwealth Superannuation Board of Trustees No. 2 gives a certificate under section 54C of the Superannuation Act 1976 .

             (5)  For the purposes of the Superannuation Act 1990 , the CEO is taken to have been retired from office on the ground of invalidity if:

                     (a)  the CEO is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the Commonwealth Superannuation Board of Trustees No. 1 gives a certificate under section 13 of the Superannuation Act 1990 .

40   Other terms and conditions of appointment

                   The CEO holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General in writing.

41   Acting appointment

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

                     (a)  if there is 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 or in relation to a person purporting to act under this section 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.



 

Division 2 Money

42   CEO may charge for services

                   The CEO may charge for services provided by the CEO in the performance of the CEO’s functions.

43   Notional payments by the Commonwealth

             (1)  The purpose of this section is to ensure that fees and charges under this Act and the regulations, and charges under the Licence Charges Act, are notionally payable by the Commonwealth (or parts of the Commonwealth).

             (2)  The Minister for Finance and Administration may give written directions for the purposes of this section, including directions relating to the transfer of amounts within, or between, accounts operated by the Commonwealth.

44   ARPANSA Reserve

             (1)  This subsection establishes a reserve called the ARPANSA Reserve.

             (2)  The Reserve is a component of the Reserved Money Fund.

             (3)  The following amounts must be transferred to the Reserve from the Consolidated Revenue Fund:

                     (a)  money appropriated by the Parliament for the purposes of the Reserve;

                     (b)  amounts equal to amounts received by the Commonwealth under the Licence Charges Act;

                     (c)  amounts equal to fees received by the Commonwealth under section 22;

                     (d)  amounts equal to amounts received by the Commonwealth in connection with the performance of the CEO’s functions under this Act or the regulations;

                     (e)  amounts equal to interest received by the Commonwealth from the investment of money from the Reserve;

                      (f)  amounts equal to money received by the Commonwealth in relation to property paid for with money from the Reserve;

                     (g)  amounts recovered by the Commonwealth under subsection 29(5), to the extent that they are referable to costs paid out of the Reserve;

                     (h)  amounts equal to amounts of any gifts given or bequests made for the purposes of the Reserve.

             (4)  The purposes of the Reserve are to make payments:

                     (a)  to further the object of this Act (as set out in section 3); and

                     (b)  otherwise in connection with the performance of the CEO’s functions under this Act or the regulations.

45   Amounts recoverable as debts

                   The following amounts may be recovered in a court of competent jurisdiction as debts due to the Commonwealth:

                     (a)  amounts payable to the Commonwealth under the Licence Charges Act;

                     (b)  fees payable to the Commonwealth under section 22;

                     (c)  amounts payable to the Commonwealth in connection with the performance of the CEO’s functions.



 

Division 3 Miscellaneous

46   Staff assisting the CEO

                   The staff necessary to assist the CEO are to be persons appointed or employed under the Public Service Act 1922 and made available for the purpose by the Secretary to the Department.

47   Annual report

             (1)  As soon as practicable after the end of each financial year, the CEO must prepare and give to the Minister a report on the operations of the CEO during that year.

             (2)  The report must include details of directions given by the Minister during the financial year under section 14.

             (3)  The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of the day on which the report was given to the Minister.

48   Quarterly reports

             (1)  As soon as practicable after the end of each quarter, the CEO must prepare and give to the Minister a report on the operations of the CEO during that quarter.

             (2)  The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of the day on which the report was given to the Minister.

             (3)  In this section:

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October of any year.

49   Reports to Parliament

             (1)  The CEO may at any time cause a report about matters relating to the CEO’s functions to be tabled in either House of the Parliament.

             (2)  The CEO must give a copy of the report to the Minister.