32Appointment and powers of administrator

### 32 Appointment and powers of administrator > > (1)  *\[Section 32 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 \]*The Governor may, by order, appoint an administrator to administer the affairs and activities of TDR if the Minister certifies in writing that – > > > > > > (a) TDR has failed to perform a duty arising from a statement of policy objectives given to it under [section 11](#GS11@EN) [(1)](#GS11@Gs1@EN) ; or > > > > > > > (b) it is in the public interest for an administrator to be appointed to wind up the affairs and activities of TDR. > > > (2)  *\[Section 32 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 \]**\[Section 32 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 \]*[*\[Section 32 Subsection (2) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC8@Hpa@EN) A State Service officer or State Service employee may, subject to the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , hold office as administrator of TDR in conjunction with State Service employment. > > > (3)  *\[Section 32 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 \]*On the appointment of an administrator under [subsection (1)](#GS32@Gs1@EN) , the Minister shall serve on TDR a copy of the instrument of the appointment and on the service of the copy of that instrument – > > > > > > (a) the functions of TDR shall be performed, and the powers of TDR may be exercised, by the administrator in the name and on behalf of TDR until his office is vacated under this section; > > > > > > > (b) the directors shall cease to hold office; > > > > > > > (c) the administrator shall assume, and be responsible for, the management of TDR; and > > > > > > > (d) any delegation made by TDR under [section 19](#GS19@EN) [(1)](#GS19@Gs1@EN) shall cease to have effect. > > > (4)  *\[Section 32 Subsection (4) amended by No. 76 of 1995, s. 28 and Sched. 1 \]*Subject to this section, an administrator appointed under this section – > > > > > > (a) shall, as soon as practicable after his appointment as such, take into his custody or under his control all the property and things in action to which TDR is, or appears to be, entitled; and > > > > > > > (b) shall, subject to and in accordance with any direction given to him by the Minister, perform the functions and exercise the powers of TDR in such manner as the administrator thinks fit. > > > (5)  *\[Section 32 Subsection (5) amended by No. 76 of 1995, s. 28 and Sched. 1 \]*An administrator of TDR shall be deemed to have vacated his office – > > > > > > (a) when he dies; > > > > > > > (b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit; > > > > > > > (c) if he is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for a period of not less than 12 months, or if he is convicted elsewhere than in Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable; > > > > > > > (d) if he resigns his office by writing under his hand addressed to the Governor; or > > > > > > > (e) if his appointment is revoked by the Governor under [subsection (6)](#GS32@Gs6@EN) . > > > (6)  The Governor may revoke the appointment of an administrator appointed under this section. > > > (7)  Where the office of administrator is deemed to have been vacated under [subsection (5)](#GS32@Gs5@EN) , the Governor may, by instrument in writing, appoint another person to fill the vacancy. > > > (8)  An administrator appointed under this section shall be paid such remuneration, allowances, and expenses (if any) as the Governor may determine. > > > (9)  [*\[Section 32 Subsection (9) amended by No. 1 of 2016, Sched. 1, Applied:08 Apr 2016\]*](/view/html/inforce/2016-04-08/act-2016-001#JS1@Ja6@GC1@EN) [*\[Section 32 Subsection (9) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja152@GC8@Hpb@EN) *\[Section 32 Subsection (9) amended by No. 29 of 1984, s. 3 and Sched. 1 \]*Notwithstanding [subsection (8)](#GS32@Gs8@EN) , where a State Service officer or State Service employee is appointed as administrator under this section, he is entitled to receive, by way of remuneration, allowances, and expenses, such amounts (if any) as the Governor, on the recommendation of the Minister administering the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , may determine.