Agent-General and Commissioners for Victoria Act 2007

to continue to provide for the appointment of an Agent-General for Victoria;

to provide for the appointment of other Commissioners for Victoria;

to repeal the Agent-General's Act 1994.

The Governor in Council may appoint a person as Agent-General for Victoria.

The Governor in Council may appoint persons as Commissioners for Victoria.

The Governor in Council may appoint a Commissioner on a full-time or a part-time basis.

The person holding office as Agent-General for Victoria also holds office as a Commissioner for Victoria without the need for any further appointment.

In this Part a reference to a Commissioner includes a reference to the Agent-General, unless the contrary intention appears.

A person appointed as a Commissioner holds office for the term, not exceeding 5 years, that is specified in his or her instrument of appointment and is eligible for re-appointment.

A person appointed as a Commissioner—

is entitled to the remuneration and allowances; and

is appointed subject to any other terms and conditions—

The Public Administration Act 2004 (other than Part 3 of that Act) applies to a Commissioner in respect of the office of Commissioner.

A Commissioner ceases to hold office if he or she—

becomes an insolvent under administration; or

is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence.

he or she is guilty of misbehaviour; or

he or she has contravened a code of conduct issued by the Public Standards Commissioner under section 63 of the Public Administration Act 2004 that is applicable to him or her; or

he or she becomes incapable of carrying out the duties of the office; or

he or she has refused, neglected or failed to carry out the duties of the office; or

he or she has failed to comply with a direction given to him or her by the Minister under this Act.

The Governor in Council may appoint a person to act as a Commissioner during any period when—

the office of a Commissioner is vacant; or

a Commissioner is absent from duty or is, for any reason, unable to carry out the duties of the office.

The Governor in Council may at any time terminate the appointment of an Acting Commissioner.

An Acting Commissioner has, during the period of the appointment, the same powers and duties as a Commissioner and may perform any of the functions of a Commissioner.

An Acting Commissioner is entitled to the remuneration and allowances fixed in respect of the office of Commissioner by the Minister under section 5(2).

The function of the Agent-General is to represent Victoria in the United Kingdom of Great Britain and Northern Ireland and any other post territory as directed by the Minister under section 11 for the purpose of furthering the development of commercial, economic, cultural, scientific and technological relations.

The function of a Commissioner is to represent Victoria in any post territory as directed by the Minister under section 11 for the purpose of furthering the development of commercial, economic, cultural, scientific and technological relations.

The duties of the Agent-General and other Commissioners are to—

promote Victoria's economic performance to banks and other financial institutions in the relevant post territory and generally to investors in that territory; and

promote investment in, and tourism to, Victoria from the relevant post territory; and

foster trade between Victoria and the relevant post territory; and

expand the market in the relevant post territory for exported Victorian goods and services; and

facilitate the migration of people with business and trade skills to Victoria from the relevant post territory; and

do anything else in the relevant post territory that is conducive to the development of the Victorian economy; and

assist in the promotion of Victoria's cultural, sporting and other major events in the relevant post territory; and

assist in the co-ordination of intergovernmental relations between Victoria and the relevant post territory; and

foster friendly relations between Victoria and the relevant post territory; and

perform any other duty conferred by the Minister.

On or before 31 August each year, each Commissioner must submit to the Minister a report on the performance of his or her functions or the carrying out of his or her duties for the year ending on 30 June.

The Minister must cause each report submitted under subsection (1) to be consolidated in the relevant annual report of operations of the Department of State Development, Business and Innovation.

The Minister may give written directions to a Commissioner in relation to—

any post territory in respect of which the Commissioner is to perform functions and carry out duties;

the performance of the Commissioner's functions or the carrying out of his or her duties.

Any written direction given to a Commissioner by the Minister must be published in the Government Gazette as soon as practicable after the Minister makes the direction.

The Minister may require a Commissioner to prepare and deliver, at the time and in the manner specified by the Minister—

a report on the performance of his or her functions or the carrying out of his or her duties;

a report on any matters that are specified by the Minister.

There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for the purposes of this Act.

A Commissioner may, with the approval of the Secretary—

appoint or employ, on terms and conditions fixed by the Secretary, any officers and employees that are necessary for the purposes of this Act;

dismiss any person appointed or employed under paragraph (a).