sec.328Remuneration and conditions of commissioner

### sec.328 Remuneration and conditions of commissioner New section 215 applies to a commissioner only if the commissioner is appointed or reappointed after the commencement. Former section 215 continues to apply to the current commissioner in relation to the term stated in the current commissioner’s original instrument of appointment. However, in relation to the current commissioner— the appointment and written contract of employment between the current commissioner and the Minister may not be terminated under former section 215(3); and the current commissioner may be removed from office only under new section 215(2); and new section 215(5) applies to the current commissioner. If the current commissioner is removed from office under new section 215(2), the appointment and written contract of employment between the current commissioner and the Minister is taken to be terminated. Subsection (3) and (4) apply despite anything in the appointment and written contract of employment between the current commissioner and the Minister, or in the terms and conditions mentioned in former section 215(5). However, a term of the written contract of employment between the current commissioner and the Minister that enables the current commissioner and the Minister to terminate the contract by mutual agreement continues to apply in relation to the current commissioner. s 328 ins 2024 No. 53 s 45 (sec.328-ssec.1) New section 215 applies to a commissioner only if the commissioner is appointed or reappointed after the commencement. (sec.328-ssec.2) Former section 215 continues to apply to the current commissioner in relation to the term stated in the current commissioner’s original instrument of appointment. (sec.328-ssec.3) However, in relation to the current commissioner— the appointment and written contract of employment between the current commissioner and the Minister may not be terminated under former section 215(3); and the current commissioner may be removed from office only under new section 215(2); and new section 215(5) applies to the current commissioner. (sec.328-ssec.4) If the current commissioner is removed from office under new section 215(2), the appointment and written contract of employment between the current commissioner and the Minister is taken to be terminated. (sec.328-ssec.5) Subsection (3) and (4) apply despite anything in the appointment and written contract of employment between the current commissioner and the Minister, or in the terms and conditions mentioned in former section 215(5). (sec.328-ssec.6) However, a term of the written contract of employment between the current commissioner and the Minister that enables the current commissioner and the Minister to terminate the contract by mutual agreement continues to apply in relation to the current commissioner. - (a) the appointment and written contract of employment between the current commissioner and the Minister may not be terminated under former section 215(3); and - (b) the current commissioner may be removed from office only under new section 215(2); and - (c) new section 215(5) applies to the current commissioner.