Australian Capital Territory Numbered Acts

GAMBLING AND RACING CONTROL ACT 1999 (NO. 46 OF 1999) - SCHEDULE 1

    SCHEDULE 1     Subsection 12 (2)

APPOINTMENT AND TERMS OF OFFICE OF MEMBERS OF THE COMMISSION

1.     Appointment of the Chief Executive

    The Minister shall appoint a person employed under the Public Sector Management Act 1994 to be the Chief Executive.

2.     Appointment of ordinary members

(1)     The Minister shall appoint eligible persons to be ordinary members.

(2)     Subject to this clause, a person is eligible if the person—

        (a)     is of good character and has a good reputation in his profession or business; and

        (b)     has suitable experience and qualifications to perform the duties of a member.

(3)     A person is not eligible if—

        (a)     the person or the person's spouse has an interest in a business subject to a gaming law;

        (b)     the person has a close personal association with a person who is not of good character and business reputation;

        (c)     the person has a business or financial association with a person who is not of good character and business reputation;

        (d)     the person has been convicted of an offence against a gaming law or a corresponding law; or

        (e)     the person has, within the period of 5 years before the proposed appointment, been convicted of an offence punishable by imprisonment for 12 months or more.

(4)     In this section—

        (a)     a reference to a conviction includes a reference to an order made in relation to the person under section 556A of the Crimes Act 1900 ; and

        (b)     a reference to a corresponding law is a reference to a law of another jurisdiction, whether within or outside Australia, that regulates gaming or racing.

(5)     An ordinary member shall be appointed on a part-time basis.

3.         Appointment of chairperson

(1)     The Minister shall appoint an ordinary member as chairperson of the Commission.

(2)     The Minister may appoint another ordinary member to act as chairperson when the chairperson is for any reason unable or unavailable to act in that capacity.

4.     Acting appointments

(1)     Subject to this section, the Minister may appoint an eligible person to act in the place of a member when the member is for any reason unable or unavailable to act in that member's capacity.

(2)     An appointment under this section shall not authorise a person to act for a continuous period of more than 6 months.

(3)     Anything done by or in relation to a person purporting to act under this section is not invalid merely because—

        (a)     the occasion to act had not arisen or had ceased;

        (b)     there was a defect or irregularity in an appointment; or

        (c)     the appointment had ceased to have effect.

5.     Term of office

(1)     A member of the Commission is appointed for the term of office, not exceeding 3 years, specified in the instrument of appointment.

(2)     A member of the Commission is eligible for re-appointment.

6.     Removal of members

(1)     The Minister shall terminate the appointment of a member of the Commission if the member—

        (a)     resigns by giving written notice to the Minister;

        (b)     ceases to be eligible for membership in the relevant capacity;

        (c)     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 remuneration for their benefit; or

        (d)     fails to disclose an interest as required by clause 9.

(2)     The Minister may terminate the appointment of a member of the Commission for misbehaviour or physical or mental incapacity.

7.     Remuneration and allowances

(1)     A member of the Commission shall be paid such remuneration and allowances as are prescribed in the regulations.

(2)     Subsection (1) does not apply—

        (a)     in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to the member; or

        (b)     in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to the member.

(3)     In this section—