82Appointment of Scheme Coordinator

82 Appointment of Scheme Coordinator

(1) The Governor in Council, on the recommendation of the Minister, may appoint a person as the Scheme Coordinator.

(a) may be for a period of not more than 7 years; and

(b) is subject to any conditions or limitations specified in the appointment; and

(c) is subject to any prescribed conditions or limitations; and

(d) may at any time be varied or suspended by the Governor in Council on the recommendation of the Minister.

(3) It is a condition of an appointment under subsection (1) that the Scheme Coordinator must comply with a direction under section 83 or 84.

(4) An appointment under subsection (1) may be renewed for a further period of not more than 3 years.

(5) A renewal of an appointment under subsection (4) must not be made more than twice.

(6) The Governor in Council, on the recommendation of the Minister, must revoke the appointment of the Scheme Coordinator if the Scheme Coordinator—

(a) becomes an insolvent under administration; or

(b) is convicted or found guilty of an indictable offence or any offence that, if committed in Victoria, would constitute an indictable offence.

(7) The Governor in Council, on the recommendation of the Minister, may at any time revoke the appointment of the Scheme Coordinator—

(a) if the Scheme Coordinator—

(i) becomes incapable of performing the Scheme Coordinator's duties; or

(ii) is negligent in the performance of the Scheme Coordinator's duties; or

(iii) engages in improper conduct; or

(iv) is convicted or found guilty of an offence against this Act or the regulations; or

(v) is convicted or found guilty of an offence involving dishonesty, fraud, violence or trafficking in drugs of dependence; or

(vi) is no longer suitable to be appointed as the Scheme Coordinator for any other reason; or

(b) in accordance with any other circumstances authorised under the Scheme Coordinator agreement as a ground for the appointment to be revoked.

S. 82(8) inserted by No. 35/2023 s. 9.

(8) A revocation of an appointment of the Scheme Coordinator under subsection (6) or (7) must specify the day on which the appointment is to be revoked.

S. 82(9) inserted by No. 35/2023 s. 9.

(9) The Governor in Council must not appoint a person as the Scheme Coordinator during any period in which the appointment of another person as the Scheme Coordinator is in effect.