Agents Act 1973 (ACT)

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No. 39 of 1973

AN ORDINANCE

To amend the Agents Ordinance 1968-1972.

I, T H E GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government {Administration) Ordinance 1910-1972.

Dated this eleventh day of September, 1973.

PAUL HASLUCK Governor-General.

By His Excellency's Command,

KEP ENDERBY

Minister of State for the Capital Territory.

AGENTS ORDINANCE 1973

1. (1) This Ordinance may be cited as the Agents Ordinance

1973.*

(2) The Agents Ordinance 1968-1972f is in this Ordinance referred to as the Principal Ordinance.

(3) The Principal Ordinance, as amended by this Ordinance, may be cited as the Agents Ordinance 1968-1973.

2. (1) This section and sections 1 and 9 shall come into operation on the date on which this Ordinance is notified in the Gazette.

(2) The remaining sections of this Ordinance shall come into operation on 1st October, 1973.

f Ordinance N o . 26, 1968, as amended by Nos . 8 and 18, 1970; N o . 22, 1971; and N o . 33, 1972.
(b) by omitting from sub-section (3) the words "Department of the Interior " and substituting the words " Department of the Capital Territory ".

3. Section 5 of the Principal Ordinance is amended by omitting from sub-section (1) the definition of " the departmental member " and substituting the following definition:—

" ' the departmental member ' means the member of the Board who is an officer or employee of the Department of the Capital Territory or, where a person has been appointed to act in the place of that member, that person; ".

4.   Section 6 of the Principal Ordinance is amended—

(a)

by omitting from sub-section (1) the words "Department of the Interior " and substituting the words " Department of the Capital Territory "; and

* Notified in the Australian Government Gazette on 20 September 1973.

5. Section 9 of the Principal Ordinance is repealed and the following section substituted:—

" 9 . (1) The Board shall consist of five members, of whom—

(a) one shall be an officer or employee of the Department of the Capital Territory; and
(b) one at least shall be a person whose name is on the Roll of Barristers and Solicitors kept in pursuance of section 13 of the Legal Practitioners Ordinance 1970-1973.

" (2) The members of the Board shall be appointed by the Minister. " (3) A member other than the departmental member holds office

for such period, not exceeding three years, as is specified in the instru­
ment of his appointment.

" (4) The departmental member holds office during the pleasure of the Minister.

" (5) Where the office of a member other than the departmental member becomes vacant before the expiration of his term of office, the Minister may appoint a person to hold the office for the unexpired part of that term.

" (6) A member is eligible for re-appointment.".

6. Section 11 of the Principal Ordinance is repealed and the follow­ ing section substituted:—

" 1 1 . A member (other than the departmental member) shall be paid such fees and allowances (if any) as are prescribed.".

7. Section 13 of the Principal Ordinance is amended by omitting

paragraphs

paragraphs:— ( c ) , (d) and (e) and substituting the following

" ( c ) is convicted in Australia of an offence punishable by

imprisonment for one year or longer; or

" ( d ) is absent, except on leave granted by the Minister, from

three consecutive meetings of the Board,".

8. Section 15 of the Principal Ordinance is amended by omitting sub-sections ( 2 ) , ( 3 ) , (4) and (5) and substituting the following sub­ sections:—

" (2) A person shall not be appointed to act in the place of the departmental member unless he is an officer or employee of the Depart­ ment of the Capital Territory.

" (3) A person appointed under this section (other than a person referred to in sub-section ( 2 ) ) shall be paid such fees and allowances (if any) as are prescribed.".

9. (1) Notwithstanding section 2, the Minister may, at any time before 1st October, 1973, make appointments under sub-section 9 (2 ) of the Principal Ordinance as amended by this Ordinance as if section 5 of this Ordinance had come into operation on the date referred to in sub-section 2 ( 1 ) .

(2) An appointment made in pursuance of sub-section (1) shall

take effect on 1st October, 1973.

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