Div 1Establishment and Constitution of the Overseas Telecommunications Commission (Australia).

Division 1.—Establishment and Constitution of the Overseas Telecommunications Commission (Australia). Execution of Agreement authorized. 7. The execution by or on behalf of the Commonwealth of the Agreement and of the Supplementary Agreement is hereby authorized. Overseas Telecommunications Commission (Australia). 8.—(1.) For the purposes of this Act, there shall be a Commission to be known as the Overseas Telecommunications Commission (Australia) which, for those purposes and subject to the provisions of this Act, shall have and may exercise the rights, powers, authorities and functions conferred, and shall be charged with and perform the duties and obligations imposed, upon it by this Act. (2.) The Commission shall be a body corporate with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name. (3.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document or notice and shall presume that it was duly affixed. (4.) The Head Office of the Commission shall be established at such place as the Minister, on the recommendation of the Commission, appoints. (5.) The performance of the duties, or the exercise of the powers and functions, of the Commission, shall not be affected by reason only of there being a vacancy in the office of a member of the Commission. Composition of Commission. 9.—(1.) The Commission shall consist of five Commissioners. (2.) One of the Commissioners shall be appointed to be Chairman and one shall be appointed to be Vice-Chairman of the Commission. (3.) The Commissioners shall be appointed by the Governor-General. Term of office of Commissioners. 10.—(1.) Subject to this Act, the period for which the Commissioners first appointed under this Act shall hold office shall be, in the case of the Chairman, five years, in the case of the Vice-Chairman, four years, and in the case of the remaining Commissioners, four years, three years and two years respectively. (2.) After the appointment of the five Commissioners first appointed under this Act, each further appointment shall be for a period of three years. (3.) In the event of a Commissioner ceasing to hold office prior to the termination of the period of his appointment, another Commissioner may be appointed in his place for the remainder of that period. (4.) Each person who is appointed a Commissioner shall, upon the expiration of the term for which he was appointed, be eligible for re-appointment. Remuneration of Commissioners. 11.—(1.) The remuneration of the Commissioners shall be— (a) in the case of the Chairman—at such rate per annum as the Governor-General approves; (b) in the case of the Vice-Chairman—at the rate of Five hundred pounds per annum; and (c) in the case of each other Commissioner—at the rate of Four hundred pounds per annum. (2.) The Commissioners shall receive travelling and other allowance at such rates as the Governor-General determines. Absence of Chairman. 12.—(1.) In case of the absence (whether through illness or otherwise) of the Chairman, the Vice-Chairman, if present, shall act as Chairman. (2.) In case of the absence (whether through illness or otherwise) of both the Chairman and the Vice-Chairman, the Commissioners present may appoint one of their number to act as Chairman: Provided that the Governor-General may, if he thinks fit, appoint a person to act as Chairman for such period as the Governor-General specifies. (3.) If the Governor-General appoints a person to act as Chairman, the appointment shall be at such remuneration as is determined by the Governor-General, not exceeding the remuneration “fixed, in the case of the Chairman, in pursuance of section eleven of this Act. Illness or absence of Commissioners. 13.—(1.) In case of the absence (whether through illness or otherwise) of any other Commissioner, the Governor-General may, if he thinks fit, appoint a person to perform the functions of the Commissioner during that absence. (2.) The remuneration of any person so appointed shall be determined by the Governor-General, but shall not exceed the remuneration fixed by paragraph (c) of sub-section (1.) of section eleven of this Act. Determination of conditions of leave of absence of Commissioners. 14. The Governor-General may grant leave of absence to any Commissioner upon such conditions as to remuneration or otherwise as the Governor-General thinks fit. Dismissal and vacation of office. 15.—(1.) The Governor-General may terminate the appointment of a Commissioner or an Acting Commissioner for inability, inefficiency or misbehaviour. (2.) A Commissioner shall be deemed to have vacated his office— (a) if his appointment is terminated by the Governor-General in pursuance of this Act; (b) if he becomes bankrupt or compounds with his creditors or makes any assignment of his remuneration for their benefit or takes advantage of any provision of any Act relating to bankruptcy; (c) if he becomes of unsound mind; (d) if he resigns his office by writing under his hand addressed to the Governor-General and the resignation is accepted by the Governor-General; (e) if he absents himself (except with leave granted by the Governor-General) from three consecutive meetings of the Commission; or (f) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of more than twenty-five persons— (i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Commission; or (ii) participates, or claims to participate, in the profit of any such contract or agreement or in any benefit or emolument arising from the contract or agreement. (3.) A Commissioner shall not be deemed— (a) to become concerned or interested in any contract or agreement specified in paragraph (f) of the last preceding sub-section; or (b) to participate, or claim to participate, in the profit of, or in any benefit or emolument arising from, any such contract or agreement, by reason only of his entering into, or obtaining any benefit arising from, a contract or agreement between the Commission and himself for the provision by the Commission of any communication service for himself or any person. Meetings of Commission. 16.—(1.) The Commission shall hold such meetings as, in the opinion of the Chairman or at least three other Commissioners, are necessary for the efficient conduct of its affairs. (2.) At meetings of the Commission three Commissioners shall form a quorum, and the Chairman shall have a deliberative vote, and, in the event of an equality of votes, a second or casting vote. (3.) Any question arising at any meeting of the Commission shall be determined by a majority of the votes of the Commissioners present. (4.) The general manager shall, as far as practicable, attend all meetings of the Commission: Provided that, if the Commission so directs, he shall temporarily retire from any meeting. Delegation of powers by Commission. 17.—(1.) The Commission may in relation to any particular matters or class of matters or to any particular part of Australia, by writing under its seal, delegate to any officer or employee or other prescribed person all or any of its powers under this Act (except this power of delegation), so that the delegated powers may be exercised by him with respect to the matters or class of matters or the part of Australia specified in the instrument of delegation. (2.) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power by the Commission.