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(2) The suspension may not be for a period of more
than 20 business days.
(3) However, if the Minister considers there are
exceptional circumstances, the Minister may
extend the suspension for a further period of not
more than 3 months.
102CK Notice and taking effect of action
(1) The Minister must give the Organisation notice of
a decision under section 102CI to take action or a
decision under 102CJ to suspend the
appointment.
(2) A decision under section 102CI to take action
takes effect at the end of 10 business days after the
Organisation is given the notice or, if the notice
states a later day of effect, on the later day.
(3) A decision under section 102CJ to suspend the
appointment takes effect on the giving of the
notice.
Subdivision 2 Appointment of special
manager
102CL Functions
(1) The main functions of the special manager are—
(a) to monitor the affairs of the Organisation
during the period of the manager’s
appointment; and
(b) to report to the Minister on the performance
of the manager’s functions—
(i) as requested by the Minister; and
(ii) as required in the manager’s instrument
of appointment.
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(2) The special manager also has the functions given
to the manager under the manager’s instrument of
appointment.
(3) The special manager is not civilly liable for an act
done or omission made honestly and without
negligence in performing a function under this
subdivision.
102CM Powers
(1) The special manager has the power to do all things
necessary and convenient to be done for the
performance of the manager’s functions.
(2) Without limiting subsection (1), the special
manager may—
(a) access all documents and records of the
Organisation relating to the affairs of the
Organisation; and
(b) attend any meeting of the board; and
(c) engage any person to provide advice or
other services to the manager in connection
with the performance of the manager’s
functions.
102CN Requirement for information or assistance
(1) The special manager may, by notice given to a
responsible person, require the person to—
(a) give the manager, within a stated reasonable
period of at least 10 business days,
information the manager reasonably
requires to perform the manager’s functions;
or
(b) give the manager any other assistance the
manager reasonably requires to perform the
manager’s functions.
(2) A person of whom a requirement is made under
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subsection (1) must comply with the requirement
unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(3) It is a reasonable excuse for an individual not to
comply with a requirement if doing so might tend
to incriminate the individual.
(4) In this section—
information includes a document.
responsible person means—
(a) a member, director of the board, or
employee of the Organisation; or
(b) a former member, director of the board, or
employee of the Organisation.
102CO Requirement to take, or refrain from taking,
particular action
(1) The special manager may, by notice given to the
Organisation, require the Organisation to take a
stated action, or refrain from taking a stated
action, within a stated reasonable period.
(2) However, the special manager may give the
Organisation the notice only if the manager—
(a) reasonably suspects there is or has been
maladministration on the part of the
Organisation; or
(b) reasonably believes the notice is in the best
interests of the scheme; or
(c) reasonably believes the notice is necessary
to ensure compliance by the Organisation
with this Act.
(3) The Organisation must comply with the
requirement unless the Organisation has a
reasonable excuse.
Maximum penalty—100 penalty units.
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102CP Obstruction of special manager
A person must not obstruct the special manager in
the performance of the special manager’s
functions, unless the person has a reasonable
excuse.
Maximum penalty—100 penalty units.
102CQ Remuneration
(1) If the special manager is not a public service
employee, the manager is entitled to the
remuneration stated in the manager’s instrument
of appointment.
(2) In this section—
remuneration includes costs, charges, expenses
and commission.
102CR Relationship with other provisions of Act
and appointment
(1) This subdivision applies despite anything to the
contrary in this Act or the appointment of the
Organisation.
(2) In performing a function or exercising a power
under this subdivision, the special manager is not
required to consult with the Organisation or any
other person about how the function is to be
performed or whether the power should be
exercised, including, for example, by giving the
Organisation an opportunity to be heard before
performing a function or exercising a power.
Subdivision 3 Appointment of
administrator
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102CS Functions
(1) The main function of the administrator is—
(a) if the administrator is appointed on the
suspension of the appointment of the
Organisation—to conduct and manage the
affairs of the Organisation during the period
of the suspension; or
(b) if the administrator is appointed on the
cancellation of the appointment of the
Organisation—to be the Organisation.
(2) The administrator also has the functions given to
the administrator under the administrator’s
instrument of appointment.
(3) The administrator’s functions are to the exclusion
of any other person.
(4) The administrator is not civilly liable for an act
done or omission made honestly and without
negligence in performing a function under this
subdivision.
102CT Powers
The administrator has the power to do all things
necessary and convenient to be done for the
performance of the administrator’s functions.
102CU Requirement for information or assistance
(1) The administrator may, by notice given to a
responsible person, require the person to—
(a) give the administrator, within a stated
reasonable period of at least 10 business
days, information the administrator
reasonably requires to perform the
administrator’s functions; or
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(b) give the administrator any other assistance
the administrator reasonably requires to
perform the administrator’s functions.
(2) A person of whom a requirement is made under
subsection (1) must comply with the requirement
unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(3) It is a reasonable excuse for an individual not to
comply with a requirement if doing so might tend
to incriminate the individual.
(4) In this section—
information includes a document.
responsible person means—
(a) a member, director of the board, or
employee of the Organisation; or
(b) a former member, director of the board, or
employee of the Organisation.
102CV Obstruction of administrator
A person must not obstruct the administrator in
the performance of the administrator’s functions,
unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
102CW Remuneration
(1) If the administrator is not a public service
employee, the administrator is entitled to the
remuneration stated in the administrator’s
instrument of appointment.
(2) In this section—
remuneration includes costs, charges, expenses
and commission.
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Division 9 Replacement of
Organisation
102CX Definitions for division
In this division—
former Organisation means an entity whose
appointment as the Organisation—
(a) has ended; or
(b) is going to end before the relevant transfer
day.
new Organisation means an entity appointed as
the Organisation whose appointment—
(a) has started; or
(b) is going to start on or before the relevant
transfer day.
relevant entity means—
(a) an administrator; or
(b) an entity prescribed by regulation for this
paragraph.
relevant transfer day means the day stated in a
transfer regulation as the day on which the
administration of the scheme is to be transferred
under the transfer regulation.
transferee, for a matter transferred under a
transfer regulation, means the entity to which the
matter is transferred under the regulation.
transferor, for a matter transferred under a
transfer regulation, means the entity from which
the matter is transferred under the regulation.
transfer regulation see section 102CY(1).
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102CY Regulation may provide for transfer of
administration of scheme
(1) A regulation (a transfer regulation) may provide
for the transfer of the administration of the
scheme from the former Organisation to the new
Organisation.
(2) For the purpose of transferring the administration
of the scheme from the former Organisation to the
new Organisation, a transfer regulation may
provide for the transfer of a matter—
(a) from the former Organisation to the new
Organisation or a relevant entity; or
(b) from a relevant entity to the new
Organisation.
(3) Also, a transfer regulation may provide for the
transfer of a matter that has been transferred to a
relevant entity or the new Organisation as
mentioned in subsection (2) to the former
Organisation if the matter is not, or is no longer,
relevant to the administration of the scheme.
102CZ Transfer of assets, liabilities, etc. under
transfer regulation
(1) A transfer regulation may make provision about
all or any of the following—
(a) the transfer of a business, asset or liability of
the scheme from the transferor to the
transferee;
(b) the consideration for a business, asset or
liability transferred under paragraph (a);
(c) whether and, if so, the extent to which the
transferee is the successor in law of the
transferor;
(d) a legal proceeding that is being, or may be,
taken by or against the transferor to be
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continued or taken by or against the
transferee;
(e) the transfer or application of an instrument
to the transferee, including, for example—
(i) whether the transferee is a party to an
instrument; and
(ii) whether an instrument, or a benefit or
right provided by an instrument, is
taken to have been given to, by or in
favour of the transferee; and
(iii) whether a reference to the transferor in
an instrument is a reference to the
transferee; and
(iv) whether, under an instrument, an
amount is or may become payable to or
by the transferee or other property is,
or may be, transferred to or by the
transferee; and
(v) whether a right or entitlement under an
instrument is held by the transferee;
(f) the existing employees of the transferor and
their terms and conditions of employment,
rights and entitlements;
(g) the records or other documents of the
transferor;
(h) anything incidental, consequential or
supplemental to a matter mentioned in this
subsection.
(2) A transfer regulation—
(a) has effect despite any other law or
instrument; and
(b) may provide for a matter by reference to a
document held by an entity.
(3) A transfer regulation may make provision
about—
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(a) how consideration mentioned in
subsection (1)(b) is to be decided; and
(b) the changing of the consideration.
(4) A transfer regulation may make provision about
accounting treatment in relation to a matter
mentioned in subsection (1).
(5) A transfer regulation must not reduce the terms
and conditions of employment, or any accrued
entitlement to employment benefits, of a person
whose employment is transferred under the
transfer regulation.
(6) In this section—
employee includes a person engaged under a
contract of service.
102DA Effect on legal relationships
(1) Nothing done under this division or a transfer
regulation—
(a) makes a person liable for a civil wrong or a
contravention of a law or for a breach of a
contract or confidence; or
(b) makes a person liable in breach of any
instrument, including an instrument
prohibiting, restricting or regulating the
assignment, novation or transfer of a right or
liability or the disclosure of information; or
(c) except as provided for under a transfer
regulation, is taken to fulfil a condition
that—
(i) terminates, or allows a person to
terminate, an instrument or obligation;
or
(ii) modifies, or allows a person to modify,
the operation or effect of an instrument
or obligation; or
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(iii) allows a person to avoid or enforce an
obligation or liability contained in an
instrument or requires a person to
perform an obligation contained in an
instrument; or
(iv) requires any money to be paid before
its stated maturity; or
(d) releases a surety or other obligee, wholly or
partly, from an obligation; or
(e) except as provided for under a transfer
regulation, entitles a person to the payment
of compensation or another amount.
(2) If, apart from this subsection, the advice, consent
or approval of a person would be necessary to do
something under this division or a transfer
regulation, the advice is taken to have been
obtained or the consent or approval is taken to
have been given unconditionally.
(3) If, apart from this subsection, giving notice to a
person would be necessary to do something under
this division or a transfer regulation, the notice is
taken to have been given.
Division 10 Miscellaneous
102DB Obtaining criminal history report of person
(1) This section applies in relation to a person who—
(a) is either of the following—
(i) an executive officer or business
associate of an applicant;
(ii) an executive officer or business
associate of the Organisation; and
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(b) has given written consent for the chief
executive to obtain the person’s criminal
history.
(2) The chief executive may ask the police
commissioner for a written report about the
person’s criminal history, including a brief
description of the circumstances of any
conviction mentioned in the person’s criminal
history.
(3) After receiving the request, the police
commissioner must give the report about the
person’s criminal history to the chief executive.
(4) However, the duty imposed on the police
commissioner applies only to information in the
commissioner’s possession or to which the
commissioner has access.
102DC Confidentiality of criminal history
information
(1) This section applies to a person who possesses
criminal history information because the person is
or has been a person involved in administering
this Act, including, for example, a public service
employee.
(2) The person must not use or, directly or indirectly,
disclose to another person the criminal history
information unless the use or disclosure is
permitted under subsection (3).
Maximum penalty—100 penalty units.
(3) The person may use or disclose to another person
the criminal history information if the use or
disclosure is—
(a) in the performance of a function or exercise
of a power under this Act; or
(b) otherwise required or permitted by law; or
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