Australian Capital Territory Numbered Regulations

ENERGY AND WATER (REGULATION OF CHARGES) REGULATIONS (NO. 18 OF 1996) - SCHEDULE

    SCHEDULE     Regulation 5

APPOINTMENT AND TERMS OF OFFICE OF COMMISSIONER

Appointment

1. (1) The Minister shall appoint a person to be the Energy and Water Charges Commissioner for the period (not exceeding 5 years) specified in the instrument of appointment.

(2) The appointment of the Commissioner is not invalid because of a defect or irregularity in connection with the Commissioner's appointment.

Disclosure of interests

2. The Commissioner shall give notice in writing to the Minister of all direct or indirect pecuniary interests that he or she has or acquires that relate to a question referred to the Commission under regulation 10.

Resignation

3. The Commissioner may resign by giving a signed notice of resignation to the Chief Minister.

Termination of appointment

4. (1) The Minister may terminate the appointment of the Commissioner at any time.

(2) The Minister shall terminate the appointment of the Commissioner if the Commissioner—

        (a)     becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of remuneration for the benefit of his or her creditors;

    (b)     fails, without reasonable excuse, to comply with clause 2; or

        (c)     is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer.

Acting appointment

5. (1) The Minister may, in writing, appoint a person to act as the Commissioner—

        (a)     during a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or

        (b)     during any period, or during all periods, when the Commissioner is for any reason unable to perform the duties of the office.

(2) A person appointed to act as the Commissioner during a vacancy in the office of Commissioner shall not so act continuously for more than 12 months.

(3) Anything done by or in relation to a person purporting to act pursuant to an appointment under subclause (1) is not invalid on the ground that—

    (a)     the appointment was ineffective or had ceased to have effect; or

        (b)     the occasion to act had not arisen or had ceased.