Commonwealth Numbered Acts

SCIENCE AND INDUSTRY RESEARCH LEGISLATION AMENDMENT ACT 1986 No. 121, 1986 - SECT 10

10. After section 10 of the Principal Act the following Part is inserted:

"PART 11A - THE CHIEF EXECUTIVE OF THE ORGANISATION Chief Executive of the
Organisation

"10A. (1) There shall be a Chief Executive of the Organisation.

"(2) The affairs of the Organisation shall, subject to sub-section (3), be
conducted by the Chief Executive.

"(3) The Chief Executive shall, in conducting any of the affairs of the
Organisation and in exercising any powers conferred on the Chief Executive by
this Act or the regulations or by the Science and Industry Endowment Act 1926,
act in accordance with any policies determined, and any directions given, by
the Board.

"(4) All acts and things done in the name of, or on behalf of, the
Organisation by or with the authority of the Chief Executive shall be deemed
to have been done by the Organisation. Appointment of Chief Executive, &c.

"10B. (1) The Chief Executive shall be appointed by the Governor-General and,
subject to this Act, holds office on a full-time basis for such period, not
exceeding 5 years, as is specified in the instrument of appointment.

"(2) The Minister shall, before an appointment is made to the office of Chief
Executive, consult with the Board in relation to the appointment.

"(3) A person who has attained the age of 65 years shall not be appointed as
the Chief Executive and a person shall not be appointed as the Chief Executive
for a period that extends beyond the day on which the person will attain the
age of 65 years.

"(4) The Chief Executive holds office on such terms and conditions (if any) in
respect of matters not provided for by this Act as are determined by the
Governor-General. Leave of absence

"10C. The Minister may grant leave of absence to the Chief Executive on such
terms and conditions as to remuneration or otherwise as the Minister
determines. Resignation

"10D. The Chief Executive may resign the office of Chief Executive by writing
signed by the Chief Executive and delivered to the Governor-General.
Termination of appointment

"10E. (1) The Governor-General may terminate the appointment of the Chief
Executive for misbehaviour or physical or mental incapacity.

"(2) If the Chief Executive -

   (a)  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 his or her remuneration for their
        benefit;

   (b)  fails, without reasonable excuse, to comply with section 10F or 23;

   (c)  is absent from duty, except on leave granted by the Minister, for 14
        consecutive days or for 28 days in any period of 12 months;

   (d)  is absent, except on leave granted by the Minister, from 3 consecutive
        meetings of the Board; or

   (e)  engages in paid employment outside the duties of the office of Chief
        Executive without the consent of the Minister, the Governor-General
        may terminate the appointment of the Chief Executive. Disclosure of
        interests

"10F. The Chief Executive shall give written notice to the Minister of all
direct or indirect pecuniary interests that the Chief Executive has or may
have in any business or in any body corporate carrying on a business. Acting
Chief Executive

"10G. (1) The Minister may appoint a person to act in the office of Chief
Executive-

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

   (b)  during any period, or during all periods, when the person holding that
        office is absent from duty or from Australia or is, for any other
        reason, unable to perform the functions of that office.

"(2) An appointment of a person under sub-section (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.

"(3) A person appointed under sub-section (1) to act during a vacancy shall
not continue so to act for more than 12 months.

"(4) Where a person is acting in the office of Chief Executive in accordance
with paragraph (1) (b) and the office becomes vacant while the person is so
acting, then, subject to sub-section (2), the person may continue so to act
until the Minister otherwise directs, the vacancy is filled or a period of 12
months from the date on which the vacancy occurs ends, whichever first
happens.

"(5) While a person is acting in the office of Chief Executive, the person has
and may exercise all the powers, and shall perform all the functions, of Chief
Executive under this Act or the regulations or under the Science and  Industry
Endowment Act 1926 .

"(6) The Minister may -

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person acting in the office of Chief
        Executive; and

   (b)  terminate such an appointment at any time.

"(7) A person appointed under sub-section (1) may resign the appointment by
writing signed by the person and delivered to the Minister.

"(8) Nothing done by or in relation to a person purporting to act under
sub-section (1) is invalid on the ground that -

   (a)  the occasion for the person's appointment had not arisen;

   (b)  there was a defect or irregularity in connection with the person's
        appointment;

   (c)  the person's appointment had ceased to have effect; or

   (d)  the occasion for the person to act had not arisen or had ceased.
        Remuneration of Chief Executive

"10H. (1) The Chief Executive shall be paid such remuneration as is determined
by the Remuneration Tribunal, but, if no determination of that remuneration is
in operation, the Chief Executive shall be paid such remuneration as is
prescribed.

"(2) The Chief Executive shall be paid such allowances as are prescribed.

"(3) This section has effect subject to the Remuneration Tribunals Act 1973.
Delegation

"10J. (1) The Chief Executive may, either generally or as otherwise provided
by the instrument of delegation, by writing signed by the Chief Executive,
delegate to an eligible person, or to a committee of eligible persons, all or
any of the Chief Executive's powers under this Act or the regulations, other
than this power of delegation.

"(2) The Chief Executive shall not delegate a power under sub-section (1)
except with the approval of the Board.

"(3) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act and the regulations, be deemed to have been exercised by
the Chief Executive.

"(4) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Chief Executive.

"(5) Where the Chief Executive delegates a power to a committee of persons,
the Chief Executive -

   (a)  shall appoint one of the members of the committee to be the
        Chairperson of the committee; and

   (b)  may determine the procedure to be followed in relation to meetings of
        the committee, including matters with respect to -

        (i)    the convening of meetings of the committee;

        (ii)   the number of members of the committee who are to constitute a
               quorum;

        (iii)  the selection of a member of the committee to preside at
               meetings of the committee at which the Chairperson of the
               committee is not present; and

        (iv)   the manner in which questions arising at a meeting of the
               committee are to be decided.

"(6) A delegation under this section does not prevent the exercise of a power
by the Chief Executive.

"(7) In this section, 'eligible person' means -

   (a)  an officer; or

   (b)  a director or employee of a company where -

        (i)    the company and the Organisation are partners in a partnership;
               or

        (ii)   the Organisation holds a controlling interest in the company.".