Western Australian Consolidated Acts

FOREST PRODUCTS ACT 2000 - SCHEDULE 2

[s. 38(2)]

1 .         Appointment

                The General Manager is to be appointed by the commissioners in consultation with the Minister.

2 .         Tenure of office

        (1)         Subject to this Act, the General Manager holds office for a term, not exceeding 5 years, fixed by the instrument of appointment, and is eligible for reappointment once or more than once.

        (2)         The General Manager may resign office by written notice delivered to the chairman.

3 .         Salary, conditions of appointment

                The General Manager —

            (a)         is to be paid salary and allowances at such rates per annum as are determined by the Salaries and Allowances Tribunal established by the Salaries and Allowances Act 1975 ; and

            (b)         has such leave and other entitlements as are determined by the commissioners.

4 .         Removal from office

                The commissioners may remove the General Manager from office on the grounds that the General Manager —

            (a)         has neglected his or her duty;

            (b)         has misbehaved;

            (c)         is incompetent;

            (d)         is suffering from mental or physical incapacity, other than temporary illness, impairing the performance of his or her functions under this Act; or

            (e)         is an insolvent under administration, as that term is defined in the Corporations Act 2001 of the Commonwealth.

        [Clause 4 amended by No. 10 of 2001 s. 220.]

5 .         Superannuation

        (1)         If a person was a contributor as defined in the Superannuation and Family Benefits Act 1938  ² immediately before being appointed as the General Manager, the person may continue to be a contributor under that Act after being appointed.

        (2)         For the purposes of subclause (1) the Commission —

            (a)         is a department as defined by the Superannuation and Family Benefits Act 1938  ² ; and

            (b)         is to pay to the Board under that Act payments of the kind described in paragraph (i) of the proviso to the definition of department in section 6 of that Act.

6 .         Portability of entitlements of General Manager

        (1)         If a public service officer is appointed as General Manager he or she is entitled to retain all existing and accrued rights, rights under a superannuation scheme or continuity of service as if his or her service as General Manager were a continuation of his or her service as a public service officer.

        (2)         If a person ceases to be the General Manager and becomes a public service officer his or her service as General Manager is to be regarded as service in the Public Service for the purposes of determining his or her rights, including those as to superannuation, as a public service officer.

        (3)         In this clause —

        public service officer has the same meaning as it has in the Public Sector Management Act 1994 .

[Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).]