Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSCHEDULE 1 Subsection 6 (2)
APPOINTMENT AND TERMS OF OFFICE OF COMMISSIONER
1. (1) The Executive shall appoint a person to be the Commissioner.
(2) The Executive shall only appoint as Commissioner a person who has knowledge or experience in 1 or more of the following fields:
(a) industry;
(b) commerce;
(c) economics;
(d) law;
(e) public administration.
(3) The Commissioner is to be appointed on such terms and conditions, not inconsistent with this Act, as the Executive determines.
(4) The Commissioner may be appointed on a full-time or part-time basis.
(5) A person appointed as Commissioner on a full-time basis shall only engage in paid employment outside the functions of the office with the prior written approval of the Minister.
(6) The Commissioner holds office for 5 years and is eligible for reappointment, subject to this Act.
(7) An act or decision of the Commission is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Commissioner or a vacancy in the office of Commissioner.
2. Before proceeding to conduct an investigation, the Commissioner shall give written notice to the Minister of any direct or indirect pecuniary interests that he or she has in relation to the matter referred for investigation.
3. The Commissioner is entitled to such remuneration, allowances and other entitlements—
(a) as are determined by the Remuneration Tribunal in respect of the Commissioner; or
(b) if there is no such determination—as are determined by the Chief Minister in respect of the Commissioner by an interim determination under the Remuneration Tribunal Act 1995 .
4. The Commissioner may resign by giving a signed notice of resignation to the Minister.
5. (1) The Executive may, by written notice to the Commissioner, suspend the Commissioner from office for mental or physical incapacity or incompetence.
(2) A notice of suspension shall include a full statement of the grounds for suspension.
(3) A notice of suspension shall be tabled in the Legislative Assembly within 7 sitting days after it is given to the Commissioner.
(4) The Executive shall remove the Commissioner from office if, within 15 sitting days after the notice of suspension was tabled in the Legislative Assembly, the Assembly by resolution declares that the Commissioner ought to be removed from office.
(5) The Commissioner shall resume office if, after 15 sitting days have elapsed since the notice of suspension was tabled in the Legislative Assembly, the Legislative Assembly has not passed a resolution declaring that the Commissioner ought to be removed from office.
(6) The Commissioner ceases to hold office if he or she 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 the benefit of creditors.
6. (1) The Executive may, in writing, appoint a person to act as Commissioner—
(a) during a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Commissioner is for any reason unable to perform the functions of the office.
(2) A person appointed to act as Commissioner during a vacancy in the office of Commissioner 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.