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CANBERRA TOURISM AND EVENTS CORPORATION (NO. 5 OF 1997) - SCHEDULE

    SCHEDULE     Section 10

APPOINTMENT AND TERMS AND CONDITIONS OF APPOINTED MEMBERS

Interpretation

1. In this Schedule, unless the contrary intention appears—

“appointed member” means a member appointed under clause 2.

Appointment and terms of office

2. (1) The persons referred to in paragraph 8 (1) (a) shall be appointed by the Minister by instrument.

(2) Before appointing a person under subclause (1), the Minister shall consider the suitability of the person for appointment having regard to the person's expertise and knowledge.

(3) An appointed member holds office, subject to this Act—

        (a)     for the period specified in the instrument of appointment; and

        (b)     on such terms and conditions (if any) in relation to matters not provided for by this Act as are specified in the instrument of appointment.

(4) The period of the appointment shall not be more than 3 years.

(5) A former appointed member is eligible for re-appointment.

Remuneration and allowances

3. An appointed member is entitled to such remuneration, allowances and other entitlements—

        (a)     as are determined by the Remuneration Tribunal in respect of an appointed member; or

        (b)     if there is no such determination—as are determined by the Chief Minister in respect of an appointed member by an interim determination under the Remuneration Tribunal Act 1995 .

Resignation

4. An appointed member may resign his or her office by writing signed by the member and delivered to the Minister.

Termination of appointment

5. (1) The Minister may terminate the appointment of an appointed member because of the misbehaviour or physical or mental incapacity of the member.

(2) If an appointed member—

        (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;

        (b)     is absent, except on leave, for 3 consecutive meetings;

        (c)     without reasonable excuse contravenes section 15; or

        (d)     is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer;

the Minister shall terminate the appointment of that member.

Acting appointments

6. (1) The Minister may, by instrument, appoint a suitable person to act as an appointed member—

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

        (b)     during any period, or during all periods, when the member is for any reason unable to perform the functions of the office.

(2) A person appointed to act as an appointed member during a vacancy in the office of a member shall not so act continuously for more than 12 months.

(3) Anything done by or in relation to a person purporting to act pursuant to an appointment under subclause (1) is not invalid on the ground that—

        (a)     the appointment was ineffective or had ceased to have effect; or

        (b)     the occasion to act had not arisen or had ceased.

(4) In this section—

“suitable person”, in relation to a member of the Corporation, means a person who would, in the opinion of the Minister, be suitable in accordance with subclause 2 (2) for appointment to the office of the member if that office were to become permanently vacant.

[Presentation speech made in Assembly on 5 December 1996]

© Australian Capital Territory 2003


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