13Appointment and powers of administrator

13 Appointment and powers of administrator

(1)  [Section 13 Subsection (1) amended by No. 54 of 2004, s. 14, Applied:01 Mar 2005] [Section 13 Subsection (1) amended by No. 54 of 2004, s. 14, Applied:01 Mar 2005] The Minister may, by order published in the Gazette, appoint an administrator to administer the affairs and activities of the Board if the Minister, after complying with sections 11 and 12 , is satisfied that–

(a) the Board has failed to perform a duty arising from a provision of this Act or a training plan; or

(b) it is in the interests of the building and construction industry that an administrator be appointed.

(2)  An appointment of an administrator, unless sooner revoked under subsection (7) or terminated in accordance with the regulations, remains in force for a period of one year.

(3)  [Section 13 Subsection (3) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A State Service officer or State Service employee may hold office as administrator of the Board in conjunction with State Service employment.

(4)  On the appointment of an administrator, the Minister shall serve on the Board a copy of the instrument of the appointment and on the service of the copy of that instrument –

(a) the functions of the Board shall be performed, and the powers of the Board may be exercised, by the administrator in the name and on behalf of the Board until the administrator's office is vacated under this section; and

(b) the members of the Board cease to hold office; and

(c) the administrator shall assume, and be responsible for, the management of the Board; and

(d) any delegation made by the Board under section 9 ceases to have effect.

(5)  Subject to this section, an administrator –