Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Inspector of Transport Security Bill 2006

Part 4 Inspector of Transport Security

Division 1 Appointment

25   Inspector of Transport Security

             (1)  The Minister may, in writing, appoint a person to be the Inspector of Transport Security.

             (2)  A person appointed as Inspector holds office for the period of not more than 5 years specified in the instrument of appointment.

             (3)  The Inspector may be appointed on a part-time basis.

26   Conduct of Inspector

                   The Inspector must, in performing functions or exercising powers under this Act:

                     (a)  behave honestly and with integrity; and

                     (b)  act with care and diligence; and

                     (c)  treat everyone with respect and courtesy, and without harassment; and

                     (d)  disclose to the Minister, and take reasonable steps to avoid, any conflict of interest (real or apparent); and

                     (e)  not make improper use of:

                              (i)  inside information; or

                             (ii)  his or her status or powers;

                            in order to gain, or seek to gain, a benefit or advantage for himself or herself, or for any other person; and

                      (f)  while performing functions or exercising powers overseas, at all times behave in a way that upholds the good reputation of Australia.

27   Terms and conditions of employment

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

28   Remuneration

             (1)  The Inspector 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 is to be paid the remuneration that is specified in a legislative instrument made by the Minister.

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

29   Acting appointments

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

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

                     (b)  during any period, or during all periods, when the Inspector 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   Resignation

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

31   Termination

             (1)  The Minister may terminate the appointment of the Inspector for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of the Inspector if:

                     (a)  the Inspector:

                              (i)  becomes bankrupt; or

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

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the Inspector is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the Inspector fails to comply with section 26; or

                     (d)  the Inspector otherwise fails to comply with this Act.


Division 2 Functions

32   Functions of the Inspector

                   The Inspector has the following functions:

                     (a)  to inquire into a transport security matter in accordance with a direction of the Minister under section 11;

                     (b)  to inquire into an offshore security matter in accordance with a direction of the Minister under section 11;

                     (c)  to prepare reports in relation to those inquiries.


Division 3 Powers

33   Powers of Inspector to be used for inquiries

                   The powers of the Inspector may only be used for the purpose of carrying out the Inspector’s functions under this Act or for a purpose otherwise permitted, either expressly or by implication, under this Act.