Terms of appointment of Commissioner
Schedule 1 Terms of appointment of Commissioner
Section 7
1. Duration of appointment
The Commissioner holds office for such term, not exceeding 5 years, as is specified in the instrument of appointment for that person.
A person who has been appointed as the Commissioner may from time to time be reappointed for a single further term, not exceeding 5 years, as may be specified in the instrument of appointment for that person.
2. Terms of appointment
The Commissioner holds office on such conditions relating to matters not provided for by this Act as are specified in the Commissioner’s instrument of appointment.
The Commissioner must not –
wager on a Tasmanian race meeting or with a Tasmanian registered bookmaker; or
have or obtain a financial or proprietary interest in a greyhound or horse, other than a greyhound or horse that has retired from racing.
The Commissioner must not, except in so far as authorised to do so by the Governor –
hold any office of profit, or trust, other than the office of Commissioner; or
engage in paid employment outside the duties of the office of Commissioner.
Subject to subclause (3), if the holder of an office under an Act is required, by or under that Act, to devote the whole of the office holder’s time to the duties of that office, that requirement does not prevent the holder from holding that office in conjunction with the office of Commissioner.
The State Service Act 2000 does not apply in relation to a person in the person’s capacity as Commissioner.
3. Remuneration
The remuneration and allowances payable to the Commissioner are to be specified in the Commissioner’s instrument of appointment or as otherwise determined by the Governor.
The Commissioner is an employee for the purposes of the Public Sector Superannuation Reform Act 2016.
4. Vacation of office
A person appointed as Commissioner is taken to vacate the office of Commissioner if the person –
dies; or
resigns the office by notice to the Governor; or
is removed from office under subclause (2).
The Governor, by notice to the Commissioner, may remove the Commissioner from office if the Commissioner –
is, without good reason, absent from the office of Commissioner for an extended period of time; or
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the Commissioner’s creditors, or makes an assignment of the Commissioner’s remuneration or estate for their benefit; or
is convicted –
in Tasmania of any crime or offence punishable by imprisonment for a term of 12 months or longer; or elsewhere of any crime or offence which, if committed in Tasmania, would be punishable by imprisonment for a term of 12 months or longer; or of an offence against this Act; or
in Tasmania of any crime or offence punishable by imprisonment for a term of 12 months or longer; or
elsewhere of any crime or offence which, if committed in Tasmania, would be punishable by imprisonment for a term of 12 months or longer; or
of an offence against this Act; or
is unable to perform adequately, or competently, the duties of the office; or
has neglected to perform the duties of the office; or
is guilty of misconduct of such a nature that the Governor feels the Commissioner is unsuitable to continue to hold the office.
5. Defect does not invalidate appointment An appointment of a person as Commissioner is not invalid merely because of a defect or irregularity in relation to that appointment.
This Act’s bill:Explanatory notes
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