Government Business Enterprises (Miscellaneous Reforms) Act 1988 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE AUSTRALIAN SHIPPING COMMISSION ACT 1956
3. Principal Act
4. Constitution of Commission
5. Period of appointment of non-executive Commissioners
6. Leave of non-executive Commissioners
7. Remuneration and allowances of non-executive Commissioners
8. Termination of appointment of non-executive Commissioners
9. Resignation of non-executive Commissioners
10. Insertion of new Division:
20a. Managing Director
20b. Managing Director to be chief executive officer
20c. Appointment
20d. Holding of office during Commission’s pleasure etc.
20e. Managing Director holds office on full time basis
20f. Terms and conditions of appointment not provided for by Act
20g. Disclosure of interests
20h. Acting Managing Director
20j. Exclusion of Managing Director from certain deliberations
11. Repeal of section 23
12. Insertion of new section:
35a. Information relating to remuneration of Managing Director
TABLE
OF PROVISIONS—
Section
PART III—AMENDMENTS OF THE COMMONWEALTH BANKS ACT 1959
13. Principal Act
14. Membership of Board
15. Repeal of sections 25 and 26 and substitution of new sections:
25. Appointment of Managing Director and Deputy Managing Director
26. Holding of office during Board’s pleasure etc.
26a. Managing Director and Deputy Managing Director hold office on full time basis
26b. Terms and conditions of appointment not provided for by Act
26c. Disclosure of interests
26d. Exclusion of Managing Director and Deputy Managing Director from certain deliberations
16. Repeal of section 112
17. Insertion of new section:
121a. Information relating to remuneration of Managing Director and Deputy Managing Director
18. Transitional provision—existing Managing Director
19. Transitional provision—existing Deputy Managing Director
PART IV—AMENDMENT OF THE LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976
20. Principal Act
21. Meaning of employment in Government Service
PART V—AMENDMENTS OF THE REMUNERATION TRIBUNALS ACT 1973
22. Principal Act
23. Interpretation
24. Functions of the Tribunal
25. Annual report
PART VI—AMENDMENTS OF THE RESERVE BANK ACT 1959
26. Principal Act
27. Meetings of Board
28. Insertion of new section:
21a. Exclusion of Governor and Deputy Governor from certain deliberations
29. Repeal of section 24a and substitution of new section:
24a. Terms and conditions of appointment not provided for by Act
30. Repeal of section 72
31. Insertion of new section:
81a. Information relating to remuneration of Governor and Deputy Governor
PART VII—AMENDMENTS OF THE SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970
32. Principal Act
33. Repeal of section 32 and substitution of new sections:
32. Appointment
32a. Holding of office during Board’s pleasure etc.
34. Managing Director not to engage in other work
35. Repeal of sections 34, 35, 36 and 37 and substitution of new sections:
34. Terms and conditions of appointment not provided for by Act
35. Disclosure of interests
36. Insertion of new section:
38a. Exclusion of Managing Director etc. from certain deliberations
37. Insertion of new section:
52a. Information relating to remuneration of Managing Director
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting subsections (3) and (4);
(b) by inserting in subsection (5) “non-executive” before “Commissioners”.
(a) by inserting in subsection (1) and paragraphs (2) (a) and (d) “non-executive” before “Commissioner”;
(b) by omitting paragraph (2) (b).
“20a. There shall be a Managing Director of the Commission.
“20b. The Managing Director shall be the chief executive officer of the Commission.
“20c. (1) The Managing Director shall be appointed by the Minister after the Minister has received a recommendation from the Commission.
“(2) The Minister shall not appoint a non-executive Commissioner as Managing Director.
“(3) The appointment of a person as Managing Director is not invalid because of a defect or irregularity in relation to the appointment.
“20d. The Managing Director:
(a) shall be appointed with effect from the day specified in the instrument of appointment; and
(b) holds office during the Commission’s pleasure.
“20e. The Managing Director holds office on a full time basis.
“20f. The Managing Director holds office on such terms and conditions (including terms and conditions relating to remuneration and allowances) in relation to matters not provided for by this Act as are determined by the Commission.
“20g. The Managing Director shall give written notice to the Chairman of all direct and indirect pecuniary interests that the Managing Director has or acquires in any business or in any body corporate carrying on any business.
“20h. (1) The Commission may appoint a Commissioner or another person to act as Managing Director:
(a) during a vacancy in the office of Managing Director; or
(b) during any period, or during all periods, when the Managing Director is absent from duty or Australia or is, for any other reason, unable to perform the duties of the office.
“(2) Anything done by or in relation to a person purporting to act as Managing Director is not invalid merely because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in relation to the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
“20j. (1) The Managing Director shall not be present during any deliberation of the Commission, or take part in any decision of the Commission, in relation to:
(a) the appointment of a person as Managing Director;
(b) the determination or application of any terms or conditions on which the Managing Director holds office; or
(c) the termination of the appointment of the Managing Director.
“(2) A person appointed to act as Managing Director shall not be present during any deliberation of the Commission, or take part in any decision of the Commission, in relation to:
(a) the appointment of a person to act as Managing Director;
(b) the determination or application of any terms or conditions on which a person appointed to act as Managing Director holds office; or
(c) the termination of the appointment of the person.”.
“35a. (1) The financial statements of the
Commission referred to in subsection 35 (3) shall comply with the requirements
prescribed under the
“(2) For the purposes of subsection (1):
(a) the Commission shall be taken to be a listed corporation; and
(b) the Managing Director shall be taken to be an executive officer of the Commission.
“(3) Expressions used in
this section that are also used in the
“25. (1) The Managing Director shall be appointed by the Treasurer after the Treasurer has received a recommendation from the Board.
“(2) The Deputy Managing Director shall be appointed by the Treasurer after the Treasurer has received a recommendation from the Board.
“(3) The Treasurer shall not appoint a member of the Board (other than the holder of a statutory office) as Managing Director or Deputy Managing Director.
“(4) The appointment of a person as Managing Director or Deputy Managing Director is not invalid merely because of a defect or irregularity in relation to the appointment.
“26. The Managing Director and Deputy Managing Director:
(a) shall be appointed with effect from the days respectively specified in their instruments of appointment; and
(b) hold office during the Board’s pleasure.
“26a. The Managing Director and Deputy Managing Director hold office on a full time basis.
“26b. The Managing Director and Deputy Managing Director hold office on such terms and conditions (including terms and conditions relating to remuneration and allowances) in relation to matters not provided for by this Act as are determined by the Board.
“26c. The Managing Director and Deputy Managing Director shall give written notice to the Chairman of the Board of all direct and indirect pecuniary interests that they have or acquire in any business or in any body corporate carrying on any business.
“26d. The Managing Director and Deputy Managing Director shall not be present during any deliberation of the Board, or take part in any decision of the Board, in relation to:
(a) the appointment of a person as Managing Director or Deputy Managing Director;
(b) the determination or application of any terms or conditions on which the Managing Director or Deputy Managing Director holds office; or
(c) the termination of the appointment of the Managing Director or Deputy Managing Director.”.
“121a. (1) The financial statements of the
Corporation shall comply with the requirements prescribed under the
“(2) For the purposes of subsection (1):
(a) the Corporation shall be taken to be a listed corporation; and
(b) the Managing Director and Deputy Managing Director shall be taken to be executive officers of the Corporation.
“(3) Expressions used in
this section that are also used in the
“(ab) who is the holder of a principal executive office within the meaning of the
Remuneration Tribunals Act 1973 (other than a principal executive office prescribed for the purposes of this paragraph);”.
(a) by inserting in subsection (1) the following definitions:“ ‘employing body’, in relation to a principal executive office, means the person, authority or body declared by the regulations to be the employing body for the office;
‘principal executive office’ means an office or appointment declared by regulations made for the purposes of paragraph (4) (ra) to be a principal executive office;
‘public office’ has the meaning given by subsection (4);”;
(b) by inserting after paragraph (4) (r) the following paragraph:“(ra) an office or appointment declared by regulations made for the purposes of this paragraph to be a principal executive office;”.
(a) by adding at the end of subsection (1) the following words and paragraphs:“, having regard to:
(a) the Principles of Wage Determination established from time to time by the Australian Industrial Relations Commission; and
(b) decisions given from time to time by the Australian Industrial Relations Commission in National Wage Cases”;
(b) by omitting subsection (2) and substituting the following subsection:“(2) An additional function of the Tribunal is to provide advice to public statutory corporations, government business enterprises and other employing bodies in relation to terms and conditions (including remuneration and allowances) on which principal executive offices are to be held.”.
“(1a) The Tribunal shall include in the report an assessment of the general operation of subsection 5 (2).”.
(a) by omitting from subsection (2) “The Chairperson shall” and substituting “Subject to section 21a, the Chairperson shall”;
(b) by omitting from subsection (3) “, of whom the Chairperson or the Deputy Chairperson shall be one,”.
“21a. (1) The Governor and the Deputy Governor shall not be present during any deliberation of the Board, or take part in any decision of the Board, in relation to the determination or application of any terms or conditions on which the Governor or the Deputy Governor holds office.
“(2) Where the Governor and the Deputy Governor are required by subsection (1) not to be present during deliberations of the Board, the members present shall appoint one of their number to preside.”.
“24a. The Governor and the Deputy Governor hold office on such terms and conditions (including terms and conditions relating to remuneration and allowances) in relation to matters not provided for by this Act as are determined by the Board.”.
“81a. (1) The financial statements of the
Bank shall comply with the requirements prescribed under the
“(2) For the purposes of subsection (1):
(a) the Bank shall be taken to be a listed corporation; and
(b) the Governor and Deputy Governor shall be taken to be executive officers of the Bank.
“(3) Expressions used in
this section that are also used in the
“32. (1) The Managing Director shall be appointed by the Minister after the Minister has received a recommendation from the Board.
“(2) The Minister shall not appoint a part-time Director as Managing Director.
“(3) The appointment of a person as Managing Director is not invalid because of a defect or irregularity in relation to the appointment.
“32a. The Managing Director:
(a) shall be appointed with effect from the day specified in the instrument of appointment; and
(b) holds office during the Board’s pleasure.”.
“34. The Managing Director holds office on such terms and conditions (including terms and conditions relating to remuneration and allowances) in relation to matters not provided for by this Act as are determined by the Board.
“35. The Managing Director shall give written notice to the Chairperson of all direct and indirect pecuniary interests that the Managing Director has or acquires in any business or in any body corporate carrying on any business.”.
“38a. (1) The Managing Director shall not be present during any deliberation of the Board, or take part in any decision of the Board, in relation to:
(a) the appointment of a person as Managing Director;
(b) the determination or application of any terms or conditions on which the Managing Director holds office; or
(c) the termination of the appointment of the Managing Director.
“(2) A person appointed to act as Managing Director shall not be present during any deliberation of the Board, or take part in any decision of the Board, in relation to:
(a) the appointment of a person to act as Managing Director;
(b) the determination or application of any terms or conditions on which a person appointed to act as Managing Director holds office; or
(c) the termination of the appointment of the person.”.
“52a. (1) The financial statements of the
Corporation prepared under section 63h
of the
“(2) For the purposes of subsection (1):
(a) the Corporation shall be taken to be a listed corporation; and
(b) the Managing Director shall be taken to be an executive officer of the Corporation.
“(3) Expressions used in
this section that are also used in the
1. No. 41, 1956, as amended. For previous amendments, see No. 87, 1962; No. 88, 1964, No. 4, 1966; No. 145, 1968; No. 55, 1969; No. 216, 1973; No. 83, 1974; No. 153, 1977; No. 36, 1978; No. 39, 1980; No. 26, 1982; Nos. 115, 127 and 136, 1983; No. 72, 1984; No. 65, 1985; and No. 76, 1986.
2. No. 5, 1959, as amended. For previous amendments, see No. 75, 1961; No. 3, 1962; No. 57, 1963; No. 132, 1965; Nos. 58 and 93, 1966; No. 144, 1968; Nos. 18, 117 and 216, 1973; No. 81, 1974; Nos. 36 and 77, 1978; No. 177, 1980; No. 29, 1981; No. 92, 1983; Nos. 63 and 76, 1984; No. 194, 1985; and No. 182, 1987.
3. No. 192, 1976, as amended. For previous amendments, see No. 9, 1978; Nos. 52 and 155, 1979; Nos. 6 and 61, 1981; No. 141, 1983; No. 63, 1984; No. 166, 1985; and No. 6, 1988.
4. No. 215, 1973, as amended. For previous amendments, see No. 80, 1974; No. 96, 1975; Nos. 60 and 178, 1978; Nos. 26, 108, 136 and 155, 1979; No. 160, 1980; Nos. 61, 74 and 176, 1981; Nos. 78 and 111, 1982; Nos. 39 and 128, 1983; Nos. 63, 73 and 164, 1984; and Nos. 65 and 187, 1985.
5. No. 4, 1959, as amended. For previous amendments, see No. 96, 1965; No. 93, 1966; Nos 118 and 216, 1973; No. 36, 1978; No. 155, 1979; No. 70, 1980; No. 122, 1981; Nos. 63 and 76, 1984; No. 65; 1985; and No. 166, 1986.
6. No. 39, 1970, as amended. For previous amendments, see No. 125, 1970; No. 22, 1971; Nos. 74 and 216, 1973; No. 36, 1978; No. 101, 1985; and No. 76, 1986.
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House of Representatives on 31 August 1988
Senate on 24 November 1988
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