Commonwealth: Australian Crime Commission Establishment Act 2002 (Cth)

Australian Crime Commission Establishment Act 2002 Act No. 125 of 2002 as amended This compilation was prepared on 20 June 2003 [This Act was amended by Act No. 41 of 2003] Amendment from Act No. 41 of 2003 [Schedule 2 (item 1AA) amended section 2(1) (item 5) Schedule 2 (item 1AA) commenced on 10 December 2002] Prepared by the Office of Legislative Drafting, Attorney‑General's Department, Canberra Contents 1 Short title................................... 2 Commencement............................... 3 Schedule(s).................................. Schedule 1—Amendment of the National Crime Authority Act 1984 Part 1—Amendments Part 2—Transitional provisions Schedule 2—Other amendments Part 1—Amendments Archives Act 1983 Australian Security Intelligence Organisation Act 1979 Crimes Act 1914 Criminal Code Act 1995 Customs Act 1901 Customs Administration Act 1985 Financial Transaction Reports Act 1988 Human Rights and Equal Opportunity Commission Act 1986 National Crime Authority Legislation Amendment Act 2001 Ombudsman Act 1976 Privacy Act 1988 Proceeds of Crime Act 1987 Proceeds of Crime Act 2002 Radiocommunications Act 1992 Retirement Savings Accounts Act 1997 Royal Commissions Act 1902 Superannuation Industry (Supervision) Act 1993 Taxation Administration Act 1953 Telecommunications Act 1997 Telecommunications (Interception) Act 1979 Witness Protection Act 1994 Part 2—Transitional provisions Schedule 3—Contingent amendments Part 1—Amendments Australian Crime Commission Act 2002 Part 2—Alternative amendments Australian Crime Commission Act 2002 Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 Telecommunications (Interception) Act 1979 An Act to establish the Australian Crime Commission, and for other purposes [Assented to 10 December 2002] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Australian Crime Commission Establishment Act 2002. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent 10 December 2002 2. Schedule 1 1 January 2003 1 January 2003 3. Schedule 2, items 1 to 115 1 January 2003 1 January 2003 4. Schedule 2, items 116 and 117 The later of: 1 January 2003 (a) the start of the day on which Schedule 1 to this Act commences; and (b) immediately after the commencement of section 213 of the Proceeds of Crime Act 2002 5. Schedule 2, item 118 The later of: (a) the start of the day on which Schedule 1 to this Act commences; and (b) immediately after the commencement of Schedule 3 to the Communications Legislation Amendment Act (No. 1) 2003 6. Schedule 2, items 119 to 226 1 January 2003 1 January 2003 7. Schedule 3, items 1 to 6 Immediately after the commencement of Schedule 1 to this Act, subject to subsection (3) Does not commence at all 8. Schedule 3, items 7 to 14 Immediately after the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4) 1 January 2003 9. Schedule 3, items 15 and 16 Immediately before the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4) 1 January 2003 10. Schedule 3, item 17 Immediately after the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4) 1 January 2003 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act. (3) If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, the provisions covered by item 7 of the table do not commence at all. (4) If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, the provisions covered by items 8, 9 and 10 of the table do not commence at all. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendment of the National Crime Authority Act 1984 Part 1—Amendments 1 Title Omit "a National Crime Authority", substitute "the Australian Crime Commission, and for related purposes". 2 Section 1 Omit "National Crime Authority Act 1984", substitute "Australian Crime Commission Act 2002". 3 Subsection 4(1) Insert: ACC means the Australian Crime Commission established by section 7. 4 Subsection 4(1) Insert: ACC operation/investigation means: (a) an intelligence operation that the ACC is undertaking; or (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting. 5 Subsection 4(1) (definition of Authority) Repeal the definition. 6 Subsection 4(1) Insert: Board means the Board of the ACC. 7 Subsection 4(1) Insert: CEO means the Chief Executive Officer of the ACC. 8 Subsection 4(1) (definition of Chair) Repeal the definition. 9 Subsection 4(1) Insert: eligible Commonwealth Board member means the following members of the Board: (a) the Commissioner of the Australian Federal Police; (b) the Secretary of the Department; (c) the Chief Executive Officer of the Australian Customs Service; (d) the Chairperson of the Australian Securities and Investments Commission; (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979. 10 Subsection 4(1) (paragraph (a) of the definition of eligible person) Repeal the paragraph, substitute: (a) an examiner; or 11 Subsection 4(1) (paragraph (b) of the definition of eligible person) Omit "Authority", substitute "ACC". 12 Subsection 4(1) Insert: examiner means a person appointed under subsection 46B(1). 13 Subsection 4(1) (paragraphs (a) and (b) of the definition of federally relevant criminal activity) Omit "relevant offence", substitute "serious and organised crime". 14 Subsection 4(1) (definition of hearing officer) Repeal the definition. 15 Subsection 4(1) Insert: intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to federally relevant criminal activity. 16 Subsection 4(1) (definition of Judge) Repeal the definition. 17 Subsection 4(1) (definition of member) Repeal the definition. 18 Subsection 4(1) Insert: member of the staff of the ACC means: (a) a member of the staff referred to in subsection 47(1); or (b) a person participating in an ACC operation/investigation; or (c) a member of a task force established by the Board under paragraph 7C(1)(f); or (d) a person engaged under subsection 48(1); or (e) a person referred to in section 49 whose services are made available to the ACC; or (f) a legal practitioner appointed under section 50 to assist the ACC as counsel. 19 Subsection 4(1) (definition of member of the staff of the Authority) Repeal the definition. 20 Subsection 4(1) (definition of original reference) Repeal the definition. 21 Subsection 4(1) (definition of prescribed investigation) Repeal the definition. 22 Subsection 4(1) (definition of related reference) Repeal the definition. 23 Subsection 4(1) (definition of relevant criminal activity) Omit "a relevant offence", substitute "a serious and organised crime". 24 Subsection 4(1) (definition of relevant offence) Repeal the definition. 25 Subsection 4(1) Insert: serious and organised crime means an offence: (a) that involves 2 or more offenders and substantial planning and organisation; and (b) that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and (c) that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and (d) that is of a kind prescribed by the regulations or involves any of the following: (i) theft; (ii) fraud; (iii) tax evasion; (iv) money laundering; (v) currency violations; (vi) illegal drug dealings; (vii) illegal gambling; (viii) obtaining financial benefit by vice engaged in by others; (ix) extortion; (x) violence; (xi) bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory; (xii) perverting the course of justice; (xiii) bankruptcy and company violations; (xiv) harbouring of criminals; (xv) forging of passports; (xvi) firearms; (xvii) armament dealings; (xviii) illegal importation or exportation of fauna into or out of Australia; (xix) cybercrime; (xx) matters of the same general nature as one or more of the matters listed above; but: (e) does not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and (f) does not include an offence the time for the commencement of a prosecution for which has expired; and (g) does not include an offence that is not punishable by imprisonment or is punishable by imprisonment for a period of less than 3 years. Note: See also subsection (2) (which expands the meaning of serious and organised crime in certain circumstances). 26 Subsection 4(1) Insert: special ACC operation/investigation means: (a) an intelligence operation that the ACC is undertaking and that the Board has determined to be a special operation; or (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board has determined to be a special investigation. 27 Subsection 4(1) (definition of special investigation) Repeal the definition. 28 Subsection 4(1) (definition of Task Force) Repeal the definition. 29 Subsection 4(2) Repeal the subsection, substitute: (2) If the head of an ACC operation/investigation suspects that an offence (the incidental offence) that is not a serious and organised crime may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a serious and organised crime (whether or not the head has identified the nature of that serious and organised crime), then the incidental offence is, for so long only as the head so suspects, taken, for the purposes of this Act, to be a serious and organised crime. 30 Paragraph 4A(1)(b) Repeal the paragraph, substitute: (b) either: (i) the ACC investigating them is incidental to the ACC investigating an offence against a law of the Commonwealth or a Territory; or (ii) the ACC undertaking an intelligence operation relating to them is incidental to the ACC undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory. 31 Paragraph 4A(2)(d) Repeal the paragraph, substitute: (d) both: (i) the ACC is investigating a matter relating to a relevant criminal activity that relates to an offence against a law of the Commonwealth or a Territory; and (ii) if the ACC is investigating, or were to investigate, a matter relating to a relevant criminal activity that relates to the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i); or (e) both: (i) the ACC is undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory; and (ii) if the ACC is undertaking, or were to undertake, an intelligence operation relating to the State offence—that operation is, or would be, incidental to the operation mentioned in subparagraph (i). 32 Subsection 4A(6) Insert: intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity. 33 Part II (heading) Repeal the heading, substitute: Part II—The Australian Crime Commission (the ACC) 34 Division 1 of Part II (heading) Repeal the heading, substitute: Division 1—Establishment and functions of the Australian Crime Commission, the Board and the Inter‑Governmental Committee 35 Section 7 Repeal the section, substitute: Subdivision A—The Australian Crime Commission 7 Establishment of the Australian Crime Commission (1) The Australian Crime Commission is established by this section. (2) The ACC consists of: (a) the CEO; and (b) the examiners; and (c) the members of the staff of the ACC. 7A Functions of the ACC The ACC has the following functions: (a) to collect, correlate, analyse and disseminate criminal information and intelligence and to maintain a national database of that information and intelligence; (b) to undertake, when authorised by the Board, intelligence operations; (c) to investigate, when authorised by the Board, matters relating to federally relevant criminal activity; (d) to provide reports to the Board on the outcomes of those operations or investigations; (e) to provide strategic criminal intelligence assessments, and any other criminal information and intelligence, to the Board; (f) to provide advice to the Board on national criminal intelligence priorities; (g) such other functions as are conferred on the ACC by other provisions of this Act or by any other Act. Subdivision B—The Board of the ACC 7B Establishment of the Board (1) The Board of the ACC is established by this section. Board members (2) The Board consists of the following members: (a) the Commissioner of the Australian Federal Police; (b) the Secretary of the Department; (c) the Chief Executive Officer of the Australian Customs Service; (d) the Chairperson of the Australian Securities and Investments Commission; (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979; (f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory; (g) the Chief Police Officer of the Australian Capital Territory; (h) the CEO. Chair (3) The Commissioner of the Australian Federal Police is the Chair of the Board. 7C Functions of the Board (1) The Board has the following functions: (a) to determine national criminal intelligence priorities; (b) to provide strategic direction to the ACC and to determine the priorities of the ACC; (c) to authorise, in writing, the ACC to undertake intelligence operations or to investigate matters relating to federally relevant criminal activity; (d) to determine, in writing, whether such an operation is a special operation or whether such an investigation is a special investigation; (e) to determine, in writing, the class or classes of persons to participate in such an operation or investigation; (f) to establish task forces; (g) to disseminate to law enforcement agencies or foreign law enforcement agencies, or to any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations, strategic criminal intelligence assessments provided to the Board by the ACC; (h) to report to the Inter‑Governmental Committee on the ACC's performance; (i) such other functions as are conferred on the Board by other provisions of this Act. Note: The CEO must determine, in writing, the head of an intelligence operation or an investigation into matters relating to federally relevant criminal activity: see subsection 46A(2A). Special operations (2) The Board may determine, in writing, that an intelligence operation is a special operation. Before doing so, it must consider whether methods of collecting the criminal information and intelligence that do not involve the use of powers in this Act have been effective. Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination. Note 2: See also Division 2 for the examination powers available if there is a special operation. Special investigations (3) The Board may determine, in writing, that an investigation into matters relating to federally relevant criminal activity is a special investigation. Before doing so, it must consider whether ordinary police methods of investigation into the matters are likely to be effective. Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination. Note 2: See also Division 2 for the examination powers available if there is a special investigation. Further details (4) A determination under subsection (2) or (3) must: (a) describe the general nature of the circumstances or allegations constituting the federally relevant criminal activity; and (b) state that the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the Commonwealth, a law of a Territory or a law of a State but need not specify the particular offence or offences; and (c) set out the purpose of the operation or investigation. Informing the Inter‑Governmental Committee (5) The Chair of the Board must, within the period of 3 days beginning on the day a determination under subsection (2) or (3) is made, give a copy of the determination to the Inter‑Governmental Committee. When determination takes effect (6) A determination under subsection (2) or (3) has effect immediately after it is made. 7D Board meetings (1) The Chair of the Board may convene meetings of the Board. (2) The Chair, in exercising his or her power to convene meetings, must ensure that meetings of the Board are scheduled to meet the following requirements: (a) the first meeting of the Board must be within 2 months after the commencement of this section; (b) there must be a minimum of 2 meetings each calendar year; (c) the Board must meet in accordance with the schedule of Board meetings determined by the Board under this section. (3) The Board, at its first meeting, must determine, in writing, a schedule of Board meetings. 7E Presiding at Board meetings A meeting of the Board must be presided over by: (a) if the Chair of the Board is present—the Chair; or (b) otherwise—another eligible Commonwealth Board member who is present and who is nominated, in writing, by the Chair to preside. 7F Quorum at Board meetings At a meeting of the Board a quorum is constituted by 7 Board members (not including the CEO). 7G Voting at Board meetings (1) Subject to this section, a question arising at a meeting of the Board is to be determined by a majority of the votes of Board members present. Person presiding has a casting vote (2) The person presiding at a meeting has: (a) a deliberative vote; and (b) if necessary, also a casting vote. CEO is not a voting member (3) The CEO is not entitled to vote on any question arising at a meeting of the Board. Voting for special ACC operations/investigations (4) The Board cannot determine that an intelligence operation is a special operation, or that an investigation into matters relating to federally relevant criminal activity is a special investigation, unless at least 9 Board members (including at least 2 eligible Commonwealth Board members) vote in favour of making the determination. 7H Conduct of Board meetings (1) The Board may regulate proceedings at its meetings as it considers appropriate. Note: Section 33B of the Acts Interpretation Act 1901 provides for people to participate in meetings by various means of communication (e.g. telephone). (2) The Board must ensure that minutes of its meetings are kept. 7J Resolutions outside of Board meetings (1) This section applies to a resolution: (a) which, without being considered at a meeting of the Board, is referred to all members of the Board; and (b) of which: (i) if subparagraph (ii) does not apply—a majority of those members (not including the CEO); or (ii) if the resolution is that the Board determine that an intelligence operation is a special operation, or that an investigation into matters relating to federally relevant criminal activity is a special investigation—at least 9 Board members (not including the CEO but including at least 2 eligible Commonwealth Board members); indicate by telephone or other mode of communication to the Chair of the Board that they are in favour. (2) The resolution is as valid and effectual as if it had been passed at a meeting of the Board duly convened and held. 7K Board committees (1) The Board may, with the unanimous agreement of all the members of the Board (not including the CEO), establish a committee or committees to assist in carrying out the functions of the Board. (2) The Board may dissolve a committee at any time. Functions (3) The functions of a committee are as determined by the unanimous agreement of all the members of the Board (not including the CEO). (4) However, the Board cannot determine that a committee has the function of determining whether an intelligence operation is a special operation or whether an investigation into matters relating to federally relevant criminal activity is a special investigation. (5) In performing its functions, a committee must comply with any directions given to the committee by the Board. Voting (6) A question arising at a meeting of a committee is to be determined by a majority of the votes of committee members present. (7) However, the CEO is not entitled to vote on any question arising at a meeting of a committee of which he or she is a member. Informing other Board members of decisions (8) A committee must inform the other members of the Board of its decisions. Conduct of committee meetings (9) A committee may regulate proceedings at its meetings as it considers appropriate. (10) A committee must ensure that minutes of its meetings are kept. 36 Before section 8 Insert: Subdivision C—The Inter‑Governmental Committee 36A At the end of subsection 8(5) Add "There must be a minimum of 2 meetings each calendar year.". 36B Subsection 8(7) Repeal the subsection, substitute: (7) A resolution: (a) which, without being considered at a meeting of the Committee, is referred to all members of the Committee; and (b) of which: (i) if subparagraph (ii) does not apply—a majority of those members, or if a majority including a particular member or particular members is required for the resolution to have effect, a majority including that member or those members, indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; or (ii) if the resolution is that the Committee make a request under subsection 9(2) or that the Committee revoke a determination made under subsection 7C(2) or (3)—the member of the Committee representing the Commonwealth is in favour and at least 5 other members indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; is as valid and effectual as if it had been passed at a meeting of the Committee duly convened and held. 37 Subsection 8(9) Omit "The Chair and the other members of the Authority", substitute "Any member of the Board". 38 Section 9 Repeal the section, substitute: 9 Functions of Committee (1) The Committee has the following functions: (a) to monitor generally the work of the ACC and the Board; (b) to oversee the strategic direction of the ACC and the Board; (c) to receive reports from the Board for transmission to the Governments represented on the Committee and to transmit those reports accordingly; (d) such other functions as are conferred on the Committee by other provisions of this Act. Request for more information about special determination (2) Within the period of 30 days beginning on the day the Committee is given a copy of a determination (a special determination) under subsection 7C(2) or (3), the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, request the Chair of the Board to give further information to the Committee in relation to the determination. (3) Subject to subsection (4), the Chair of the Board must comply with the request. (4) If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not give the Committee the information. (5) If the Chair of the Board does not give the Committee information on the ground that the Chair considers that disclosure of the information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Committee may refer the request to the Minister. (6) If the Committee refers the request to the Minister, the Minister: (a) must determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies; and (b) must provide copies of that determination to the Chair of the Board and the Committee; and (c) must not disclose his or her reasons for determining the question of whether the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies in the way stated in the determination. Revoking the special determination (7) Within the period of 30 days beginning on the day the Committee makes a request under subsection (2) in relation to a special determination, the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, revoke the determination. (8) The Committee must notify the Chair of the Board and the CEO of the revocation. The revocation takes effect when the CEO is so notified. Note: One of the effects of the revocation is that the coercive powers in Division 2 of Part II are no longer able to be exercised in relation to the ACC operation/investigation concerned. (9) To avoid doubt, the revoking of the determination does not affect the validity of any act done in connection with the ACC operation/investigation concerned before the CEO is so notified. Committee under no duty to consider whether to exercise powers (10) The Committee does not have a duty to consider whether to exercise the power under subsection (2) or (7) in respect of any special determination, whether the Committee is requested to do so by any person, or in any other circumstances. 39 Section 10 Repeal the section. 40 Section 11 Repeal the section. 41 Before section 12 Insert: Division 1A—Performance of functions and exercise of powers 42 Subsection 12(1) Omit "Where, in carrying out an investigation in relation to a federally relevant criminal activity under paragraph 11(1)(b) or subsection 11(2), the Authority", substitute "Where the ACC, in carrying out an ACC operation/investigation,". 43 Subsection 12(1) Omit "the Authority must", substitute "the CEO must". 44 At the end of subsection 12(1) Add: Note: The CEO may also disseminate information in certain circumstances to law enforcement agencies and other bodies: see section 59. 45 Subsection 12(1A) Repeal the subsection. 46 Subsection 12(2) Repeal the subsection. 47 Subsection 12(3) Omit "its functions, the Authority", substitute "the ACC's functions, the Board". 48 Subsection 12(3) Omit "Authority may", substitute "Board may". 49 Subsection 12(6) Omit "Authority" (wherever occurring), substitute "ACC". 50 Section 13 Repeal the section. 51 Section 14 Repeal the section. 52 Paragraph 15(a) Omit "a member or members", substitute "an examiner or examiners". Note: The heading to section 15 is altered by omitting "Members" and substituting "Examiners". 53 Paragraph 15(b) Omit "member or members", substitute "examiner or examiners". 54 Paragraph 15(b) Omit "Authority", substitute "ACC". 55 Section 15 Omit "member or members referred to" (first occurring), substitute "examiner or examiners referred to". 56 Section 15 Omit "Authority of its functions or powers under this Act, and the members of the staff of the Authority may be employed by the Authority in assisting the member or members", substitute "ACC of its functions or powers under this Act, and the members of the staff of the ACC may be made available by the CEO in assisting the examiner or examiners". 57 Section 16 Repeal the section, substitute: 16 Limitation on challenge to Board determination If: (a) an intelligence operation is determined by the Board to be a special operation; or (b) an investigation into matters relating to federally relevant criminal activity is determined by the Board to be a special investigation; then, except in a proceeding instituted by the Attorney‑General of the Commonwealth or the Attorney‑General of a State, any act or thing done by the ACC because of that determination must not be challenged, reviewed, quashed or called in question in any court on the ground that the determination was not lawfully made. 58 Section 17 Omit "Authority" (wherever occurring), substitute "ACC". 59 Subsection 18(1) Omit "Subject to subsections (2) and (3), the", substitute "The". Note: The heading to section 18 is altered by omitting "Authority" and substituting "Board". 60 Subsection 18(1) Omit "Authority" (wherever occurring), substitute "Board". 61 Subsections 18(2) and (3) Repeal the subsections, substitute: (2) However, the Minister must not, without the approval of a resolution passed at a meeting of the Inter‑Governmental Committee, being a resolution as to which all the members of the Committee present at the meeting have voted in favour, give any directions or furnish any guidelines to the Board under subsection (1) with respect to particular ACC operations/investigations. 62 Subsection 18(4) Omit "Authority", substitute "Board". 63 Section 19 Omit "Authority has", substitute "ACC has". Note: The heading to section 19 is altered by omitting "Authority" and substituting "ACC". 64 Section 19 Omit "general functions or of its special". 65 Section 19 Omit "Authority by", substitute "ACC by". 66 Subsection 19A(1) Omit "A member", substitute "An examiner". Note: The heading to section 19A is altered by omitting "Authority" and substituting "Examiner". 67 Subsection 19A(1) Omit "Authority", substitute "examiner". 68 Paragraph 19A(1)(b) Repeal the paragraph, substitute: (b) is relevant to an ACC operation/investigation. 69 Subsection 19A(2) Omit "A member", substitute "An examiner". 70 Subsection 19A(2) Omit "Authority", substitute "examiner". 71 Subsection 19A(2) Omit "a prescribed investigation in relation to a federally relevant criminal activity", substitute "an ACC operation/investigation". 72 Paragraph 19A(6)(b) Omit "Authority", substitute "examiner". 73 Subsection 19A(8) (definition of prescribed agency) Omit "Human Rights Commission", substitute "Human Rights and Equal Opportunity Commission". 74 Subsection 19A(8) (paragraph (c) of the definition of relevant matters) Omit "prescribed investigation", substitute "ACC operation/investigation". 75 Subsection 19A(8) (paragraph (c) of the definition of relevant request) Omit "Authority", substitute "examiner". 76 Section 19A (penalty) Omit "$1,000", substitute "10 penalty units". 77 Subsection 20(1) Omit "A member", substitute "An examiner". Note: The heading to section 20 is altered by omitting "Authority" and substituting "Examiner". 78 Subsection 20(1) Omit "Authority", substitute "examiner". 79 Paragraph 20(1)(b) Repeal the paragraph, substitute: (b) is relevant to an ACC operation/investigation. 80 Subsection 20(2) Omit "A member", substitute "An examiner". 81 Paragraph 20(2)(a) Omit "a member of the Authority or a member of the staff of the Authority", substitute "the examiner or a member of the staff of the ACC". 82 Paragraph 20(2)(b) Omit "a prescribed investigation in relation to a federally relevant criminal activity", substitute "an ACC operation/investigation". 83 Section 20 (penalty) Omit "$1,000", substitute "10 penalty units". 84 Subsection 21(1) Omit "Authority", substitute "Board". Note: The heading to section 21 is altered by omitting "Authority" and substituting "Board". 85 Subsection 21(2) Omit "Authority" (first occurring), substitute "Board". 86 Subsection 21(2) Omit "Authority" (second occurring), substitute "CEO". 87 Paragraph 22(1)(a) Omit "a matter relating to a federally relevant criminal activity, being a matter into which the Authority is conducting a special investigation", substitute "a special ACC operation/investigation". 88 Paragraph 22(2)(c) Omit "the Authority", substitute "any person participating in the special ACC operation/investigation". 89 Paragraph 22(5)(a) Omit "matter relating to a federally relevant criminal activity into which the Authority is conducting a special investigation", substitute "special ACC operation/investigation". 90 Paragraph 22(8)(a) Omit "Authority" (wherever occurring), substitute "head of the special ACC operation/investigation". 91 Paragraph 22(8)(a) Omit "a special investigation", substitute "the special ACC operation/investigation". 92 Paragraph 22(8)(b) Omit "Authority" (first occurring), substitute "head of the special ACC operation/investigation". 93 Paragraph 22(8)(b) Omit "an eligible person", substitute "a person participating in the special ACC operation/investigation". 94 Subparagraph 22(8)(b)(ii) Omit "eligible person", substitute "person participating in the special ACC operation/investigation". 95 Paragraph 22(8)(b) Omit "Authority" (second occurring), substitute "CEO". 96 Subsection 22(9) Omit "An eligible person", substitute "A person participating in the special ACC operation/investigation". 97 Subsection 22(9) Omit "the eligible person", substitute "the person participating in the special ACC operation/investigation". 98 Subsection 22(13) Omit "a matter relating to a relevant criminal activity, being a matter into which the Authority is conducting a special investigation", substitute "a special ACC operation/investigation". 99 Subsection 22(13) Omit "the relevant criminal activity", substitute "the special ACC operation/investigation". 100 At the end of subsection 22(14) Add "The issuing officer need not accept the function conferred.". 101 Paragraph 23(3)(d) Omit "Authority", substitute "CEO". 102 Subsection 23(4) Omit "Authority", substitute "ACC". 103 Subsection 24(1) Omit "a member", substitute "an examiner". Note: The heading to section 24 is altered by omitting "Authority" and substituting "examiner". 104 Paragraph 24(1)(a) Omit "an investigation that is being conducted by the Authority into a matter that was referred to the Authority (being a matter relating to a federally relevant criminal activity)", substitute "a special ACC operation/investigation". 105 Paragraph 24(1)(a) Omit "the Authority or a hearing officer at a hearing (whether or not the summons has been served), or a person has appeared before the Authority or a hearing officer at a hearing", substitute "an examiner at an examination (whether or not the summons has been served), or a person has appeared before an examiner at an examination". 106 Paragraph 24(1)(b) Omit "Authority or the hearing officer" (wherever occurring), substitute "examiner". 107 Paragraph 24(1)(b) Omit "matter in respect of which the Authority is conducting the investigation and could be of particular significance to the investigation", substitute "special ACC operation/investigation and could be of particular significance to the special ACC operation/investigation". 108 Subsection 24(1) Omit "passport to the Authority", substitute "passport to the examiner". 109 Paragraph 24(2)(d) Omit "Authority", substitute "examiner". 110 Subsection 24(2) (penalty) Omit "$5,000", substitute "50 penalty units". 111 Paragraph 24(3)(a) Omit "Authority", substitute "examiner". 112 Paragraph 24(3)(b) Omit "Authority", substitute "examiner". 113 Subsection 24(4) Omit "a member", substitute "the examiner". 114 Subsection 24(4) Omit "Authority" (wherever occurring), substitute "examiner". 115 Subsection 24(5) Omit "Authority", substitute "examiner". 116 Subsection 24(5) Omit "a member", substitute "the examiner". 117 Division 2 of Part II (heading) Repeal the heading, substitute: Division 2—Examinations 118 Section 24A Repeal the section, substitute: 24A Examinations An examiner may conduct an examination for the purposes of a special ACC operation/investigation. 119 Section 25 Repeal the section. 120 Section 25A Repeal the section, substitute: 25A Conduct of examination Conduct of proceedings (1) An examiner may regulate the conduct of proceedings at an examination as he or she thinks fit. Representation at examination (2) At an examination before an examiner: (a) a person giving evidence may be represented by a legal practitioner; and (b) if, by reason of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented. Persons present at examination (3) An examination before an examiner must be held in private and the examiner may give directions as to the persons who may be present during the examination or a part of the examination. (4) Nothing in a direction given by the examiner under subsection (3) prevents the presence, when evidence is being taken at an examination before the examiner, of: (a) a person representing the person giving evidence; or (b) a person representing, in accordance with subsection (2), a person who, by reason of a direction given by the examiner under subsection (3), is entitled to be present. (5) If an examination before an examiner is being held, a person (other than a member of the staff of the ACC approved by the examiner) must not be present at the examination unless the person is entitled to be present by reason of a direction given by the examiner under subsection (3) or by reason of subsection (4). Witnesses (6) At an examination before an examiner: (a) counsel assisting the examiner generally or in relation to the matter to which the ACC operation/investigation relates; or (b) any person authorised by the examiner to appear before the examiner at the examination; or (c) any legal practitioner representing a person at the examination in accordance with subsection (2); may, so far as the examiner thinks appropriate, examine or cross‑examine any witness on any matter that the examiner considers relevant to the ACC operation/investigation. (7) If a person (other than a member of the staff of the ACC) is present at an examination before an examiner while another person (the witness) is giving evidence at the examination, the examiner must: (a) inform the witness that the person is present; and (b) give the witness an opportunity to comment on the presence of the person. (8) To avoid doubt, a person does not cease to be entitled to be present at an examination before an examiner or part of such an examination if: (a) the examiner fails to comply with subsection (7); or (b) a witness comments adversely on the presence of the person under paragraph (7)(b). Confidentiality (9) An examiner may direct that: (a) any evidence given before the examiner; or (b) the contents of any document, or a description of any thing, produced to the examiner; or (c) any information that might enable a person who has given evidence before the examiner to be identified; or (d) the fact that any person has given or may be about to give evidence at an examination; must not be published, or must not be published except in such manner, and to such persons, as the examiner specifies. The examiner must give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been, or may be, charged with an offence. (10) Subject to subsection (11), the CEO may, in writing, vary or revoke a direction under subsection (9). (11) The CEO must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence. Courts (12) If: (a) a person has been charged with an offence before a federal court or before a court of a State or Territory; and (b) the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9), be made available to the person or to a legal practitioner representing the person; the court may give to the examiner or to the CEO a certificate to that effect and, if the court does so, the examiner or the CEO, as the case may be, must make the evidence available to the court. (13) If: (a) the examiner or the CEO makes evidence available to a court in accordance with subsection (12); and (b) the court, after examining the evidence, is satisfied that the interests of justice so require; the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person. Offence (14) A person who: (a) is present at an examination in contravention of subsection (5); or (b) makes a publication in contravention of a direction given under subsection (9); is guilty of an offence punishable, upon summary conviction, by a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months. End of examination (15) At the conclusion of an examination held by an examiner, the examiner must give the head of the special ACC operation/investigation: (a) a record of the proceedings of the examination; and (b) any documents or other things given to the examiner at, or in connection with, the examination. 121 Subsection 26(1) Omit "the Authority or a hearing officer", substitute "an examiner". 122 Subsection 26(1) Omit "Chair", substitute "CEO". 123 Subsection 26(2) Omit "Chair" (wherever occurring), substitute "CEO". 124 Subsection 27(1) Omit "the Authority or a hearing officer", substitute "an examiner". 125 Subsection 27(3) Omit "the Authority or the hearing officer", substitute "the examiner". 126 Subsection 28(1) Omit "A member", substitute "An examiner". 127 Subsection 28(1) Omit "the Authority or a hearing officer at a hearing", substitute "the examiner at an examination". 127A After subsection 28(1) Insert: (1A) Before issuing a summons under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the summons. 128 Subsection 28(2) Repeal the subsection, substitute: (2) A summons under subsection (1) requiring a person to appear before an examiner at an examination must be accompanied by a copy of the determination of the Board that the intelligence operation is a special operation or that the investigation into matters relating to federally relevant criminal activity is a special investigation. 129 Subsection 28(3) Omit "the Authority or a hearing officer at a hearing", substitute "an examiner at an examination". 130 Subsection 28(3) Omit "the member", substitute "the examiner". 131 Subsection 28(3) Omit "a special investigation to which the hearing", substitute "the special ACC operation/investigation to which the examination". 132 Subsection 28(3) Omit "the special investigation", substitute "the special ACC operation/investigation". 133 Subsection 28(3) Omit "the Authority or the hearing officer" (wherever occurring), substitute "the examiner". 134 Subsection 28(3) Omit "relates to a special investigation", substitute "relates to a special ACC operation/investigation". 135 Subsection 28(4) Repeal the subsection, substitute: (4) The examiner who is holding an examination may require a person appearing at the examination to produce a document or other thing. 136 Subsection 28(5) Repeal the subsection, substitute: (5) An examiner may, at an examination, take evidence on oath or affirmation and for that purpose: (a) the examiner may require a person appearing at the examination to give evidence either to take an oath or to make an affirmation in a form approved by the examiner; and (b) the examiner, or a person who is an authorised person in relation to the ACC, may administer an oath or affirmation to a person so appearing at the examination. 137 Subsection 28(6) Repeal the subsection, substitute: (6) In this section, a reference to a person who is an authorised person in relation to the ACC is a reference to a person authorised in writing, or a person included in a class of persons authorised in writing, for the purposes of this section by the CEO. 138 Subsection 28(7) Omit "a special investigation", substitute "a special ACC operation/investigation". 139 Subsection 29(1) Omit "A member", substitute "An examiner". 140 Paragraph 29(1)(a) Repeal the paragraph, substitute: (a) to attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the ACC; and 141 Paragraph 29(1)(b) Omit "a special investigation", substitute "a special ACC operation/investigation". 141A After subsection 29(1) Insert: (1A) Before issuing a notice under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the notice. 142 Subsection 29(2) Repeal the subsection, substitute: (2) A notice may be issued under this section in relation to a special ACC operation/investigation, whether or not an examination before an examiner is being held for the purposes of the operation or investigation. 143 Subsection 29(3A) Omit "$20,000", substitute "200 penalty units". 144 Subsection 29(3C) Omit "$2,000", substitute "20 penalty units". 145 Subsection 29(4) Omit "a hearing before the Authority or a hearing officer", substitute "an examination before an examiner". 146 Subsection 29A(1) Omit "member", substitute "examiner". 147 Paragraph 29A(2)(a) Omit "member", substitute "examiner". 148 Subparagraph 29A(2)(a)(iii) Omit "an investigation", substitute "an operation or investigation". 149 Paragraph 29A(2)(b) Omit "member", substitute "examiner". 150 Subparagraph 29A(2)(b)(iii) Omit "an investigation", substitute "an operation or investigation". 151 Paragraph 29A(2)(c) Omit "member", substitute "examiner". 152 Subsection 29A(4) Omit "Authority has concluded the investigation", substitute "ACC has concluded the operation or investigation". 153 Paragraph 29A(4)(a) Omit "or (1A)". 154 Paragraph 29A(4)(b) Omit "or (1A) and the Authority", substitute "and the CEO". 155 Paragraph 29A(4)(c) Omit "or (1A)". 156 Paragraph 29A(4)(d) Omit "or (1A)". 157 Subparagraph 29A(4)(d)(ii) Omit "Authority", substitute "CEO". 158 Subsection 29A(4) Omit "relating to the investigation", substitute "relating to the operation or investigation". 159 Subsection 29A(5) Omit "Authority", substitute "CEO". 160 Subsection 29A(6) Repeal the subsection. 161 At the end of section 29A Add: (8) In this section: official matter has the same meaning as in section 29B. 162 Subsection 29B(1) (penalty) Omit "$2,000", substitute "20 penalty units". 163 Paragraph 29B(2)(e) Omit "a hearing before the Authority or a hearing officer", substitute "an examination before an examiner". 164 Subsection 29B(3) (penalty) Omit "$2,000", substitute "20 penalty units". 165 Subsection 29B(7) (paragraph (a) of the definition of official matter) Repeal the paragraph, substitute: (a) the determination referred to in subsection 28(2); 166 Subsection 29B(7) (paragraph (b) of the definition of official matter) Repeal the paragraph, substitute: (b) an ACC operation/investigation; 167 Subsection 29B(7) (paragraph (c) of the definition of official matter) Repeal the paragraph, substitute: (c) an examination held by an examiner; 168 Subsection 30(1) Omit "a hearing before the Authority or a hearing officer", substitute "an examination before an examiner". 169 Paragraph 30(1)(b) Omit "a member or the hearing officer, as the case may be", substitute "the examiner". 170 Subsection 30(2) Omit "a hearing before the Authority or a hearing officer", substitute "an examination before an examiner". 171 Paragraph 30(2)(b) Omit "member presiding at the hearing or the hearing officer", substitute "examiner". 172 Paragraph 30(3)(a) Omit "a hearing before the Authority or a hearing officer", substitute "an examination before an examiner". 173 Subsection 30(3) Omit "member presiding at the hearing or the hearing officer, furnish to the Authority or the hearing officer", substitute "examiner, give the examiner". 174 Subsection 30(4) Omit "a hearing before the Authority or a hearing officer, or documents or things produced at a hearing before the Authority or a hearing officer", substitute "an examination before an examiner, or documents or things produced at an examination before an examiner". 175 Paragraph 30(4)(a) Omit "a hearing before the Authority or a hearing officer", substitute "an examination before an examiner". 176 Subparagraph 30(4)(a)(i) Omit "member presiding at the hearing or the hearing officer who is holding the hearing", substitute "examiner". 177 Subsection 30(6) Omit "$20,000", substitute "200 penalty units". 178 Subsection 30(8) Omit "$2,000", substitute "20 penalty units". 179 Subsection 31(1) Omit "by or on behalf of the Authority", substitute "by an examiner". 180 Paragraph 31(1)(a) Omit "Authority" (first occurring), substitute "examiner". 181 Paragraph 31(1)(a) Omit "Authority or a hearing officer", substitute "examiner". 182 Paragraph 31(3)(a) Omit "Authority or the hearing officer", substitute "examiner". 183 Subsection 33(1) Omit "a hearing before the Authority or a hearing officer", substitute "an examination before an examiner". 184 Subsection 33(2) Omit "$20,000", substitute "200 penalty units". 185 Subsection 33(4) Omit "$2,000", substitute "20 penalty units". 186 Section 34 Omit "a member or a hearing officer", substitute "an examiner". 187 Paragraph 34(a) Omit "a hearing before the Authority or a hearing officer", substitute "an examination before the examiner". 188 Paragraph 34(b) Omit "Authority otherwise than at a hearing before the Authority or a hearing officer", substitute "ACC otherwise than at an examination before the examiner". 189 Section 34 Omit "member or the hearing officer, as the case may be,", substitute "examiner". 190 Subsection 35(1) Repeal the subsection, substitute: (1) A person must not: (a) obstruct or hinder: (i) the ACC in the performance of its functions; or (ii) an examiner in the performance of his or her functions as an examiner; or (b) disrupt an examination before an examiner. Note: The heading to section 35 is replaced by the heading "Obstructing or hindering the ACC or an examiner etc.". 191 Subsection 35(2) Omit "$20,000", substitute "200 penalty units". 192 Subsection 35(4) Omit "$2,000", substitute "20 penalty units". 193 Subsection 36(1) Omit "A member or a hearing officer", substitute "An examiner". Note: The heading to section 36 is altered by omitting "members" and substituting "examiners". 194 Subsection 36(1) Omit "a member or a hearing officer in relation to a hearing before the Authority or the hearing officer", substitute "an examiner in relation to an examination before the examiner". 195 Subsection 36(2) Omit "Authority or a hearing officer or representing a person at a hearing before the Authority or a hearing officer", substitute "ACC or an examiner or representing a person at an examination before an examiner". 196 Subsection 36(3) Omit "the Authority or a hearing officer", substitute "an examiner". 197 Sections 37 to 46A Repeal the sections, substitute: Subdivision A—Chief Executive Officer 37 Appointment of CEO (1) The Chief Executive Officer of the ACC is to be appointed by the Governor‑General by written instrument. (2) Before the Governor‑General makes such an appointment, the Minister must: (a) invite the Board to make nominations for appointment; and (b) consult the members of the Inter‑Governmental Committee in relation to the appointment. (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. (4) The CEO is to be appointed on a full‑time basis. 38 Remuneration and allowances of CEO (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations. (2) The CEO is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 39 Leave of absence (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the CEO leave of absence (other than recreation leave) on the terms and conditions, as to remuneration or otherwise, that the Minister determines in writing. 40 Resignation The CEO may resign his or her appointment by giving the Governor‑General a written resignation. 41 Disclosure of interests The CEO must give written notice to the Minister, and to the Chair of the Board, of all interests, pecuniary or otherwise, that the CEO has or acquires and that could conflict with the proper performance of the CEO's duties. 42 Outside employment The CEO must not engage in paid employment outside the duties of his or her office without the Minister's approval. 43 Suspension of appointment (1) The Minister may, by notice in writing, suspend the appointment of the CEO if the Minister is of the opinion that the performance of the CEO has been unsatisfactory. (1A) However, the Minister must not suspend the appointment of the CEO unless the Minister has: (a) asked the Board for its advice in relation to the proposed suspension; and (b) considered the Board's advice. (2) The Minister must specify in the notice whether the suspension is with or without remuneration and allowances. (3) The appointment is suspended for such period (not exceeding 3 months) as the Minister considers appropriate in all of the circumstances. That period must be specified in the notice. 44 Termination of appointment Misbehaviour or incapacity (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity. Bankruptcy etc. (2) The Governor‑General must terminate the appointment of the CEO if: (a) the CEO: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the CEO is absent, except on leave of absence granted under section 39, for 14 consecutive days, or for 28 days in any 12 months; or (c) the CEO fails, without reasonable excuse, to comply with section 41; or (d) the CEO engages, except with the Minister's approval, in paid employment outside the duties of his or her office. Unsatisfactory performance (3) The Governor‑General may terminate the appointment of the CEO if the Minister is of the opinion that the performance of the CEO has been unsatisfactory. Invalidity (4) In spite of anything contained in this section, if the CEO: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) has not reached his or her maximum retiring age within the meaning of that Act; then he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act. (5) In spite of anything contained in this section, if the CEO: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is under 60 years of age; then he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act. 45 Other terms and conditions The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General in writing. 46 Acting CEO (1) The Minister may appoint a person to act as the CEO: (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the CEO is suspended from office, is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office. (2) Anything done by a person purporting to act under an appointment under subsection (1) is not invalid merely because: (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in connection with the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion to act had not arisen or had ceased. Note: For more information about acting appointments, see section 33A of the Acts Interpretation Act 1901. 46A CEO to manage ACC etc. (1) The CEO is responsible for the management and administration of the ACC. The CEO is to act in accordance with any policies determined, and any directions given, in writing by the Board. (2) The CEO must also manage, co‑ordinate and control ACC operations/investigations. (2A) As soon as practicable after the Board authorises, in writing, the ACC to undertake an intelligence operation or to investigate matters relating to federally relevant criminal activity, the CEO must determine, in writing, the head of such an operation or investigation. (2B) Before the CEO determines the head of such an operation or investigation, the CEO must consult the Chair of the Board, and such other members of the Board as the CEO thinks appropriate, in relation to the determination. (3) Subject to such consultation with the examiners as is appropriate and practicable, the CEO may make arrangements as to the examiner who is to be able to exercise his or her powers under this Act in relation to a special ACC operation/investigation. Subdivision B—Examiners 46B Appointment of examiners (1) An examiner is to be appointed by the Governor‑General by written instrument. Consulting the Inter‑Governmental Committee (2) Before the Governor‑General makes such an appointment, the Minister must consult the members of the Inter‑Governmental Committee in relation to the appointment. Legal practitioner (3) A person must not be appointed as an examiner unless he or she is enrolled as a legal practitioner, and has been so for at least 5 years. Period of appointment (4) An examiner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. In addition, the sum of an examiner's first appointment and any period or periods of re‑appointment must not exceed 5 years. Full‑time appointments (5) An examiner is to be appointed on a full‑time basis. 46C Remuneration and allowances of examiners (1) An examiner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an examiner is to be paid the remuneration that is prescribed by the regulations. (2) An examiner is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 46D Leave of absence (1) An examiner has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The CEO may grant an examiner leave of absence (other than recreation leave) on the terms and conditions, as to remuneration or otherwise, that the CEO determines in writing. 46E Resignation An examiner may resign his or her appointment by giving the Governor‑General a written resignation. 46F Disclosure of interests An examiner must give written notice to the CEO of all interests, pecuniary or otherwise, that the examiner has or acquires and that could conflict with the proper performance of the examiner's duties. 46G Outside employment An examiner must not engage in paid employment outside the duties of his or her office without the Minister's approval. 46H Termination of appointment Misbehaviour or incapacity (1) The Governor‑General may terminate the appointment of an examiner for misbehaviour or physical or mental incapacity. Bankruptcy etc. (2) The Governor‑General must terminate the appointment of an examiner if: (a) the examiner: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the examiner is absent, except on leave of absence granted under section 46D, for 14 consecutive days, or for 28 days in any 12 months; or (c) the examiner fails, without reasonable excuse, to comply with section 46F; or (d) the examiner engages, except with the Minister's approval, in paid employment outside the duties of his or her office. Invalidity (3) In spite of anything contained in this section, an examiner who: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) has not reached his or her maximum retiring age within the meaning of that Act; is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act. (4) In spite of anything contained in this section, an examiner who: (a) is a member of the superannuation scheme