Div 5Appointment of administrator

Division 5—Appointment of administrator 18—Appointment of administrator (1) The Minister may appoint an administrator of the Trust and may remove or replace an administrator previously appointed. (2) Before appointing an administrator of the Trust, the Minister must be satisfied that the Trust— (a) has persistently failed to perform its functions properly; or (b) has contravened, or failed to comply with, a provision of this Act; or (c) has been guilty of financial mismanagement. (3) The function of an administrator is to reorganise the management and operations of the Trust to the extent necessary to enable it to perform its function and duties and exercise its powers efficiently on a continuing basis in accordance with this Act. (4) An administrator has, while the appointment remains in force, full and exclusive power to perform the functions and duties and exercise the powers of the Trust. (5) An administrator must comply with any directions that the Minister may give from time to time. (6) If an administrator has a direct or indirect personal or pecuniary interest in any matter in relation to which he or she proposes to act as administrator under this section, he or she must disclose the nature of the interest to the Minister before acting. Maximum penalty: $10 000. (7) The remuneration of an administrator will be fixed by the Minister and is payable from the Trust's funds. (8) The administrator may, by written instrument, delegate any of his or her powers except this power of delegation. (9) A delegation under subsection (8)— (a) may be made on such conditions as the administrator thinks fit; and (b) is revocable at will; and (c) does not derogate from the power of the administrator to act in any matter personally. (10) A person to whom powers have been delegated under subsection (8) who has a direct or indirect personal or pecuniary interest in any matter in relation to which he or she proposes to exercise those powers must disclose the nature of the interest in writing to the administrator. Maximum penalty: $10 000. (11) It is a defence to a charge of an offence against subsection (6) or (10) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.