Commonwealth Numbered Acts

NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) AMENDMENT ACT 1981 No. 40, 1981 - SECT 8

8. Division 4 of Part VII of the Principal Act is repealed and the following
Division substituted:



"Division 4 - Provisions relating to members of the
Pharmaceutical Benefits Remuneration Tribunal Terms and conditions of
appointment

"99A. (1) Subject to this Part, a member holds office for such period (not
exceeding 3 years) as is, and on such terms and conditions as are, specified
in the instrument of his appointment, but is eligible for re-appointment.



"(2) If the holder of the office of Chairman ceases to be a Deputy President
of the Australian Conciliation and Arbitration Commission he ceases to hold
the office of Chairman. Remuneration and allowances

"99B. (1) The Chairman shall not be paid remuneration or allowances in his
capacity as Chairman but, for the purposes of the payment of travelling
expenses to him, his duties as Deputy President of the Australian Conciliation
and Arbitration Commission shall be deemed to include his duties as Chairman
of the Tribunal.



"(2) An additional member shall be paid such remuneration as is determined by
the Remuneration Tribunal, but, if no determination of that remuneration by
that Tribunal is in operation, he shall be paid such remuneration as is
prescribed.



"(3) An additional member shall be paid such allowances as are prescribed.



"(4) Sub-sections (2) and (3) have effect subject to the Remuneration
Tribunals Act 1973. Resignation and removal from office

"99C. (1) A member may resign his office by writing signed by him and
delivered -

   (a)  in the case of the Chairman - to the Governor-General; or

   (b)  in any other case - to the Minister.



"(2) The Governor-General may remove the Chairman from office for misbehaviour
or physical or mental incapacity.



"(3) The Minister may remove an additional member from office for misbehaviour
or physical or mental incapacity.



"(4) If an additional member becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent debtors, compounds with his
creditors or makes an assignment of his remuneration for their benefit, the
Minister shall remove the member from office. Acting Chairman

"99D. (1) The Governor-General may appoint a person who holds office as a
Deputy President of the Australian Conciliation and Arbitration Commission to
act as Chairman of the Tribunal -

   (a)  during a vacancy in the office of Chairman; or

   (b)  during any period, or during all periods, when the Chairman is
        unavailable to perform the duties of Chairman, but a person appointed
        so to act during a vacancy shall not continue so to act for more than
        12 months.



"(2) An appointment of a person under sub-section (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.



"(3) A person acting in the place of the Chairman has all the powers, and
shall perform all the functions and duties, conferred or imposed by this Act
on the Chairman.



"(4) Where the Tribunal as constituted for the purpose of a proceeding
includes a person acting or purporting to be appointed under this section, or
a person so acting or purporting to be appointed has done any act, the
validity of any decision of, or of any direction given or other act done by,
the Tribunal as so constituted, or of the act done by the person so acting or
purporting to be appointed, shall not be called in question in any proceeding
on the ground that the occasion for the person to act or for the appointment
of the person had not arisen or that the occasion for his appointment had
passed or his appointment had ceased to have effect.



"(5) A person who is appointed under this section may resign that appointment
by writing signed by him delivered to the Governor-General.



"(6) The Governor-General may -

   (a)  subject to this Division, determine the terms and conditions
        (including terms and conditions relating to remuneration and
        allowances) of appointment of a person appointed under this section;
        and

   (b)  at any time terminate such an appointment.



"(7) Where, by virtue of an appointment under sub-section (1), a person is
acting as Chairman during the unavailability of the Chairman, the
Governor-General may, by reason of the pending consideration of a matter by
the Tribunal or other special circumstances, direct that the person so acting
shall continue so to act until otherwise directed by the Governor-General
notwithstanding that the Chairman has ceased to be unavailable.



"(8) Where a person is acting as Chairman by virtue of a direction under
sub-section (7), the Chairman shall take no part in the operations of the
Tribunal.



"(9) A person shall not continue to act as Chairman by virtue of a direction
under sub-section (7) for a period of more than 12 months.



"(10) The appointment of a person under sub-section (1) and a direction in
relation to a person under sub-section (7) cease to have effect if the person
ceases to hold office as a Deputy President of the Australian Conciliation and
Arbitration Commission. Acting additional member

"99E. (1) The Minister may appoint a person to act as an additional member of
the Tribunal -

   (a)  during a vacancy in an office of an additional member; or

   (b)  during any period, or during all periods, when an additional member is
        unavailable to perform his duties, but a person appointed so to act
        during a vacancy shall not continue so to act for more than 12 months.



"(2) An appointment of a person under sub-section (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.



"(3) A person acting in the place of an additional member has all the powers,
and shall perform all the functions and duties, conferred or imposed by this
Act on an additional member.



"(4) Where the Tribunal as constituted for the purpose of a proceeding
includes a person acting or purporting to be appointed under this section, or
a person so acting or purporting to be appointed has done any act, the
validity of any decision of, or of any direction given or other act done by,
the Tribunal as so constituted, or of the act done by the person so acting or
purporting to be appointed, shall not be called in question in any proceeding
on the ground that the occasion for the person to act or for the appointment
of the person had not arisen or that the occasion for his appointment had
passed or his appointment had ceased to have effect.



"(5) A person who is appointed under this section may resign that appointment
by writing signed by him delivered to the Minister.



"(6) The Minister may -

   (a)  subject to this Division, determine the terms and conditions
        (including terms and conditions relating to remuneration and
        allowances) of appointment of a person appointed under this section;
        and

   (b)  at any time terminate such an appointment.".