Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 9.
1 Appointment of Auditor - General
(1) The Auditor - General is to be appointed by the Governor - General, on the recommendation of the Minister, for a term of 10 years.
Note: The effect of section 19 of the Acts Interpretation Act 1901 is that "the Minister" refers to the Minister who administers this clause. The administration of Acts or particular provisions of Acts is allocated by Administrative Arrangements Orders made by the Governor - General.
(2) The Auditor - General holds office on a full - time basis.
(3) For the purposes of the Superannuation Act 1976 and the Trust Deed under the Superannuation Act 1990 , the minimum retiring age for the Auditor - General is 55. However, if the instrument of appointment specifies a younger age, then the younger age applies.
(4) A person cannot be appointed as Auditor - General if the person has previously been appointed as Auditor - General under this Act or under the Audit Act 1901 .
(1) The Minister must not make a recommendation to the Governor - General under clause 1 unless:
(a) the Minister has referred the proposed recommendation to the Joint Committee of Public Accounts and Audit for approval; and
(b) the Committee has approved the proposal.
(2) A referral under paragraph (1)(a) must be in writing and may be withdrawn by the Minister at any time.
Note: Section 8A of the Public Accounts and Audit Committee Act 1951 deals with how the Joint Committee of Public Accounts and Audit approves proposals.
3 Remuneration of Auditor - General
(1) The Auditor - General is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Auditor - General is to be paid the remuneration that is prescribed by the regulations.
(2) The Auditor - General is to be paid such allowances as are prescribed by the regulations.
(3) This clause has effect subject to the Remuneration Tribunal Act 1973 .
(4) The Consolidated Revenue Fund is appropriated for payments under this clause.
(1) The Auditor - General has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister may grant the Auditor - General other leave of absence on such terms and conditions as the Minister determines. The terms and conditions may include terms and conditions relating to remuneration.
The Auditor - General may resign by giving the Governor - General a signed resignation notice.
(1) The Governor - General may remove the Auditor - General from office if each House of the Parliament, in the same session of the Parliament, presents an address to the Governor - General praying for the removal of the Auditor - General on the ground of misbehaviour or physical or mental incapacity.
(2) The Governor - General must remove the Auditor - General from office if the Auditor - General does any of the following:
(a) becomes bankrupt;
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;
(c) compounds with his or her creditors;
(d) assigns his or her remuneration for the benefit of his or her creditors.
(3) If the Auditor - General is:
(a) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(b) a member of the superannuation scheme established by the Trust Deed under the Superannuation Act 1990 ; or
(c) an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ;
the Governor - General may, with the consent of the Auditor - General, retire the Auditor - General from office on the ground of physical or mental incapacity.
(4) For the purposes of the Superannuation Act 1976 , the Auditor - General is taken to have been retired from office on the ground of invalidity if:
(a) the Auditor - General is removed or retired from office on the ground of physical or mental incapacity; and
(b) CSC gives a certificate under section 54C of that Act.
(5) For the purposes of the Superannuation Act 1990 , the Auditor - General is taken to have been retired from office on the ground of invalidity if:
(a) the Auditor - General is removed or retired from office on the ground of physical or mental incapacity; and
(b) CSC gives a certificate under section 13 of that Act.
(6) For the purposes of the Superannuation Act 2005 , the Auditor - General is taken to have been retired from office on the ground of invalidity if:
(a) the Auditor - General is removed or retired from office on the ground of physical or mental incapacity; and
(b) CSC gives an approval and certificate under section 43 of that Act.
(7) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Auditor - General.
(1) The Minister may appoint a person to act as Auditor - General:
(a) if there is a vacancy in the office of Auditor - General, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Auditor - General is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .
(3) A person acting under this section is entitled to the same remuneration and allowances as apply to the office of Auditor - General. The Consolidated Revenue Fund is appropriated for the payment of the remuneration and allowances.