"remuneration" has the same meaning as in Part II of the Remuneration Tribunal Act 1973 .

Note 1: Subsection 3(2) of the Remuneration Tribunal Act 1973 provides that a reference in Part II of that Act to remuneration is to be read as including a reference to annual allowances.

Note 2: Under subsection 7(4) of the Remuneration Tribunal Act 1973 , the Remuneration Tribunal may determine any matter significantly related to the remuneration of the Chief Executive Officer.

5 Leave

(1)

Subject to section 87E of the Public Service Act 1922 , the Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.

(2)

The Chief Federal Magistrate may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise, that the Chief Federal Magistrate determines in writing.

(1)

A Chief Executive Officer may resign his or her appointment by giving the Governor-General a written resignation.

(2)

The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

(1)

The Governor-General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

(2)

The Governor-General may terminate the appointment of the Chief Executive Officer if:

(a)

the Chief Executive Officer:

(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 Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c)

the Chief Executive Officer engages, except with the Chief Federal Magistrate's approval, in paid employment outside the duties of his or her office; or

(d)

the Chief Executive Officer fails, without reasonable excuse, to comply with clause 2.

The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not covered by this Act as are determined by the Chief Federal Magistrate.

(1)

The Chief Federal Magistrate may appoint a person to act as Chief Executive Officer:

(a)

during a vacancy in the office of Chief Executive Officer; or

(b)

during any period, or all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note: See also section 33A of the Acts Interpretation Act 1901 .

(2)

Anything done by or in relation to a person purporting to act under such 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.

[ Minister's second reading speech made in— House of Representatives on 24 June 1999 Senate on 20 October 1999 ] (118/99)