Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Agent-General and Commissioners for
Victoria Bill 2007
Introduction Print
EXPLANATORY MEMORANDUM
General
The Agent-General and Commissioners for Victoria Bill creates a new
statutory regime for Victoria's overseas representatives. The Agent-General
in London, Victoria's traditional representative to the United Kingdom, will
be joined by a new class of statutory officeholders, to be known as
Commissioners for Victoria.
Commissioners will undertake similar roles to the Agent-General, who will
also hold office as a Commissioner. The creation of Commissioners for
Victoria will form a brand for Victorian trade and investment promotion
professionals, increasing the profile of the State overseas.
The Bill incorporates greater accountability mechanisms, including making
Commissioners subject to the Public Administration Act 2004,
incorporating a requirement for an annual report, and more stringent criteria
regarding cessation of office. These provisions will make the operations of
Commissioners for Victoria transparent and accountable.
Clause Notes
PART 1--PRELIMINARY
Clause 1 states the purpose of the Bill.
Clause 2 is the commencement provision. The Bill will commence
operation on the day after the day on which it receives the Royal
Assent.
Clause 3 defines certain words or expressions used in this Bill.
561151 1 BILL LA INTRODUCTION 9/10/2007
PART 2--THE AGENT-GENERAL AND COMMISSIONERS
FOR VICTORIA
Clause 4 empowers the Governor in Council to appoint the Agent-General
and Commissioners for Victoria.
Clause 5 provides the terms and conditions upon which Commissioners
may be appointed, and the circumstances in which a
Commissioner ceases to hold office.
Clause 6 provides the manner by which a Commissioner may resign from
office.
Clause 7 sets out the circumstances in which the Governor in Council may
suspend or remove a Commissioner from office.
Clause 8 sets out the circumstances in which the Governor in Council may
appoint and/or terminate an Acting Commissioner.
Clause 9 sets out the functions and duties of the Agent-General and the
other Commissioners for Victoria.
Clause 10 requires Commissioners to submit to the Minister an annual
report on the performance of his or her functions and the carrying
out of his or her duties.
Clause 11 Subclause (1) provides that the Minister may give written
directions to a Commissioner in relation to--
· any post territory in respect of which the Commissioner
is to perform functions and carry out duties;
· the performance of functions and the carrying out of
duties.
Subclause (2) requires the Minister to publish any written
direction given to a Commissioner in the Government Gazette.
Subclause (3) provides that the Minister may require a report to
be prepared and delivered by a Commissioner in relation to the
performance of the Commissioner's functions or the carrying out
of the Commissioner's duties or any other matters specified by
the Minister.
2
Clause 12 Subclause (1) states that staff may be employed for the purposes
of this Bill under Part 3 of the Public Administration Act 2004.
Subclause (2) provides that a Commissioner may, with the
approval of the Secretary--
· appoint or employ any officers and employees
necessary for the purposes of this Bill; and
· dismiss any person so appointed or employed.
Clause 13 allows--
· the Minister, by instrument, to delegate to the Secretary
any power of the Minister under this Bill, other than the
power to delegate; and
· the Secretary, by instrument, to delegate to a member of
staff of the Department of Innovation, Industry and
Regional Development the power of the Secretary under
clause 12(2).
PART 3--TRANSITIONAL PROVISIONS AND REPEAL
Clause 14 defines the former act as the Agent-General's Act 1994.
Clause 15 is a general provision that explains that the transitional provisions
in this Bill do not affect the operation of the Interpretation of
Legislation Act 1984.
Clause 16 transitionally provides for the Agent-General.
Clause 17 repeals the Agent-General's Act 1994.
3