Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008
Div 3Appointment of commissioners
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(1) The Chairperson of the Commission, the other part‑time commissioners and the CEO are to be appointed by the Minister by written instrument.
CEO may also be appointed Chairperson
(2) The CEO may also be appointed as the Chairperson of the Commission, but must not otherwise hold office as a part‑time commissioner.
Eligibility for appointment
(3) To be eligible for appointment as a commissioner, an individual, at the time of appointment:
(a) must have a high level of expertise in one or more of the following fields:
(i) fisheries management;
(ii) fishing industry operations;
(iii) science;
(iv) natural resource management;
(v) economics;
(vi) business or financial management;
(vii) law;
(viii) public sector administration or governance;
(ix) such other fields (if any) as are prescribed by the regulations; but
(b) must not hold:
(i) an executive position in a fishing industry association (however described); or
(ii) a fishing concession granted under the Fisheries Management Act 1991; or
(iii) a licence or permit granted under the Torres Strait Fisheries Act 1984; or
(iv) an executive position (however described and whether or not a director of the body) in a body corporate that holds a fishing concession, licence or permit of a kind mentioned in subparagraph (ii) or (iii); or
(v) the majority of the voting shares in a company that holds a fishing concession, licence or permit of a kind mentioned in subparagraph (ii) or (iii).
Note: These eligibility criteria will apply to the CEO who is also a commissioner: see the definition of commissioner in subsection 4(1).
(4) For the purposes of subparagraph (3)(b)(iv), a person holds an executive position in a body corporate if the person is concerned in, or takes part in, the management of the body.
(5) In appointing commissioners, the Minister must ensure, as far as practicable, that the commissioners collectively possess expertise in all of the fields mentioned in paragraph (3)(a).
Basis of appointments
(6) The Chairperson of the Commission and the other part‑time commissioners must be appointed on a part‑time basis.
(7) The CEO must be appointed on a full‑time basis.
Term of appointment
(8) A commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Division Div 3 - Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008 - Appointment of commissioners | Zoe
Validation
(9) The appointment of an individual as a commissioner is not invalid because of a defect or irregularity in connection with the individual’s appointment.
27 Subsection 13(1)
Omit “nominated director to be the Deputy Chairperson of the Authority”, substitute “part‑time commissioner (other than the Chairperson) to be the Deputy Chairperson of the Commission”.
(1) The Minister may appoint a person to act as the CEO:
(a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2) Anything done by or in relation to a person purporting to act under 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.
Note: See section 33A of the Acts Interpretation Act 1901.
15 Other employment
(1) A part‑time commissioner must not engage, without the Minister’s approval, in paid employment that conflicts or may conflict with the proper performance of his or her duties.
(2) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Minister’s approval.
Note: The following heading to subsection 18(1) is inserted “Part‑time commissioners”.
39 Subsection 18(2)
Omit “director (other than the Managing Director)”, substitute “part‑time commissioner”.
40 At the end of section 18
Add:
CEO
(3) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(4) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
41 Section 19
Omit “director (other than the Managing Director)”, substitute “commissioner”.
42 After section 19
Insert:
20 Disclosure of interests to Minister
Disclosure on appointment
(1) Before starting to hold office, a commissioner must give to the Minister a written statement of any interest, pecuniary or otherwise, that the commissioner has that may relate to:
(a) the functions of the commissioner; and
(b) in the case of the CEO—the additional functions of the CEO.
Disclosures during term of appointment
(2) The commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the commissioner has or acquires and that conflict or may conflict with the proper performance of:
(a) the commissioner’s functions; and
(b) in the case of the CEO—the additional functions of the CEO.
(3) The notice must be given as soon as possible after the relevant facts come to the commissioner’s knowledge.
Keeping of register
(4) The Commission must keep a register of the interests disclosed under this section.
43 Subsection 21(1)
Omit “the Chairperson of the Authority or a nominated director”, substitute “a commissioner”.
44 Subsection 21(2)
Repeal the subsection, substitute:
(2) The Minister may terminate the appointment of a commissioner if:
(a) the commissioner:
(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 commissioner is absent, except on leave of absence:
(i) in the case of a part‑time commissioner—from 3 consecutive meetings of the Commission; or
(ii) in the case of the CEO—for 14 consecutive days or for 28 days in any 12 months; or
(c) the commissioner engages:
(i) in the case of a part‑time commissioner—in paid employment, without the approval of the Minister, that conflicts or may conflict with the proper performance of the duties of his or her office (see section 15); or
(ii) in the case of the CEO—in paid employment outside the duties of his or her office without the approval of the Minister (see section 15); or
(d) the commissioner fails, without reasonable excuse, to comply with section 20 or 24.
Termination for holding certain positions or interests
(3) The appointment of a commissioner is terminated, by force of this subsection, if the commissioner becomes the holder of:
(a) an executive position in a fishing industry association (however described); or
(b) a fishing concession granted under the Fisheries Management Act 1991; or
(c) a licence or permit granted under the Torres Strait Fisheries Act 1984; or
(d) an executive position (however described and whether or not a director of the body) in a body corporate that holds a fishing concession, licence or permit of a kind mentioned in paragraph (b) or (c); or
(e) the majority of the voting shares in a company that holds a fishing concession, licence or permit of a kind mentioned in paragraph (b) or (c).
(4) For the purposes of paragraph (3)(d), a person holds an executive position in a body corporate if the person is concerned in, or takes part in, the management of the body.
Validation
(5) Anything done by or in relation to the Commission is not invalid merely because the appointment of a commissioner has been terminated by force of subsection (3).
45 Section 22
Omit “director (other than the Managing Director)”, substitute “commissioner”.