Agent-General and Commissioners for Victoria Act 2007

Agent-General and Commissioners for Victoria Act 2007

No. 64 of 2007

table of provisions

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Part 1—Preliminary

1Purpose

2Commencement

3Definitions

Part 2—The Agent-General and Commissioners forVictoria

4Appointment of Agent-General and Commissioners for Victoria

5Terms and conditions

6Resignation

7Suspension and removal from office

8Acting Commissioner

9Functions and duties

10Annual Report

11Ministerial directions

12Staff

13Delegation

Part 3—Transitional Provisions and Repeal

14Definition

15General transitional provision

16The Agent-General

17Repeal of Agent-General's Act 1994

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Endnotes

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Victoria

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Agent-General and Commissioners for Victoria Act 2007[†]

No. 64 of 2007

[Assented to 11 December 2007]

Agent-General and Commissioners for Victoria Act 2007
No. 64 of 2007

The Parliament of Victoriaenacts:

Part 3—Transitional Provisions and Repeal

Agent-General and Commissioners for Victoria Act 2007
No. 64 of 2007

Part 1—Preliminary

1Purpose

The purpose of this Act is—

(a) to continue to provide for the appointment of an Agent-General for Victoria;

(b)to provide for the appointment of other Commissioners for Victoria;

(c)to repeal the Agent-General's Act 1994.

2Commencement

s. 2

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Definitions

In this Act—

Agent-General means Agent-General for Victoria appointed under section 4;

Commissioner means a Commissioner for Victoria appointed under section 4;

post territory means a country in respect of which the Agent-General or Commissioner is required by or under this Act to perform functions and carry out duties;

Secretary means Secretary to the Department of Innovation, Industry and Regional Development.

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Part 2—The Agent-General and Commissioners forVictoria

4Appointment of Agent-General and Commissioners for Victoria

s. 4

(1)The Governor in Council may appoint a person as Agent-General for Victoria.

(2)The Governor in Council may appoint persons as Commissioners for Victoria.

(3)The Governor in Council may appoint a Commissioner on a full-time or a part-time basis.

(4) The person holding office as Agent-General for Victoria also holds office as a Commissioner for Victoria without the need for any further appointment.

(5)In this Part a reference to a Commissioner includes a reference to the Agent-General, unless the contrary intention appears.

5Terms and conditions

(1)A person appointed as a Commissioner holds office for the term, not exceeding 5 years, that is specified in his or her instrument of appointment and is eligible for re-appointment.

(2)A person appointed as a Commissioner—

(a)is entitled to the remuneration and allowances; and

(b)is appointed subject to any other terms and conditions—

fixed in respect of the office by the Minister and specified in his or her instrument of appointment.

(3)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a Commissioner in respect of the office of Commissioner.

(4) A Commissioner ceases to hold office if he or she—

(a)becomes an insolvent under administration; or

(b)is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence.

6Resignation

s. 6

A Commissioner may resign from office by delivering to the Governor a signed letter of resignation.

7Suspension and removal from office

The Governor in Council may suspend or remove a Commissioner from office if, in the opinion of the Governor in Council—

(a)he or she is guilty of misbehaviour; or

(b) he or she has contravened a code of conduct issued by the Public Standards Commissioner under section 63 of the Public Administration Act 2004 that is applicable to him or her; or

(c)he or she becomes incapable of carrying out the duties of the office; or

(d) he or she has refused, neglected or failed to carry out the duties of the office; or

(e)he or she has failed to comply with a direction given to him or her by the Minister under this Act.

8Acting Commissioner

s. 8

(1)The Governor in Council may appoint a person to act as a Commissioner during any period when—

(a)the office of a Commissioner is vacant; or

(b)a Commissioner is absent from duty or is, for any reason, unable to carry out the duties of the office.

(2)The Governor in Council may at any time terminate the appointment of an Acting Commissioner.

(3)An Acting Commissioner has, during the period of the appointment, the same powers and duties as a Commissioner and may perform any of the functions of a Commissioner.

(4)An Acting Commissioner is entitled to the remuneration and allowances fixed in respect of the office of Commissioner by the Minister under section 5(2).

9Functions and duties

(1)The function of the Agent-General is to represent Victoria in the United Kingdom of Great Britain and Northern Ireland and any other post territory as directed by the Minister under section 11 for the purpose of furthering the development of commercial, economic, cultural, scientific and technological relations.

(2)The function of a Commissioner is to represent Victoria in any post territory as directed by the Minister under section 11 for the purpose of furthering the development of commercial, economic, cultural, scientific and technological relations.

(3)The duties of the Agent-General and other Commissioners are to—

(a)promote Victoria's economic performance to banks and other financial institutions in the relevant post territory and generally to investors in that territory; and

(b)promote investment in, and tourism to, Victoria from the relevant post territory; and

(c)foster trade between Victoria and the relevant post territory; and

(d)expand the market in the relevant post territory for exported Victorian goods and services; and

(e)facilitate the migration of people with business and trade skills to Victoria from the relevant post territory; and

s. 9

(f)do anything else in the relevant post territory that is conducive to the development of the Victorian economy; and

(g)assist in the promotion of Victoria's cultural, sporting and other major events in the relevant post territory; and

(h)assist in the co-ordination of intergovernmental relations between Victoria and the relevant post territory; and

(i)foster friendly relations between Victoria and the relevant post territory; and

(j)perform any other duty conferred by the Minister.

10Annual Report

s. 10

(1)On or before 31 August each year, each Commissioner must submit to the Minister a report on the performance of his or her functions or the carrying out of his or her duties for the year ending on 30 June.

(2)The Minister must cause each report submitted under subsection (1) to be consolidated in the relevant annual report of operations of the Department of Innovation, Industry and Regional Development.

11Ministerial directions

(1)The Minister may give written directions to a Commissioner in relation to—

(a)any post territory in respect of which the Commissioner is to perform functions and carry out duties;

(b)the performance of the Commissioner's functions or the carrying out of his or her duties.

(2)Any written direction given to a Commissioner by the Minister must be published in the Government Gazette as soon as practicable after the Minister makes the direction.

(3)The Minister may require a Commissioner to prepare and deliver, at the time and in the manner specified by the Minister—

(a)a report on the performance of his or her functions or the carrying out of his or her duties;

(b)a report on any matters that are specified by the Minister.

12Staff

(1)There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for the purposes of this Act.

(2)A Commissioner may, with the approval of the Secretary—

(a)appoint or employ, on terms and conditions fixed by the Secretary, any officers and employees that are necessary for the purposes of this Act;

(b)dismiss any person appointed or employed under paragraph (a).

13Delegation

s. 12

(1)The Minister may, by instrument, delegate to the Secretary any power of the Minister under this Act, other than this power of delegation.

(2) The Secretary may, by instrument, delegate to a member of staff of the Department of Innovation, Industry and Regional Development any power of the Secretary under section 12(2).

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Part 3—Transitional Provisions and Repeal

14Definition

s. 14

In this Part, former Act means the Agent-General's Act 1994.

15General transitional provision

This Part does not affect or take away from the Interpretation of Legislation Act 1984.

16The Agent-General

(1) The person holding office as Agent-General under the former Act immediately before the commencement of this Act must be taken to have been appointed as Agent-General under this Act for the balance of the term of his or her appointment under that Act.

(2)Until the Minister under section 5(2) fixes remuneration and other terms and conditions in respect of the office of Agent-General, the person holding that office by force of subsection (1) does so on the same terms and conditions on which he or she held office under the former Act immediately before the commencement of this Act.

(3) All officers and employees holding an appointment or employed under section 11 of the former Act immediately before the commencement of this Act must be taken to have been appointed or employed under section 12(2) of this Act on the same terms and conditions as those that applied to their appointment or employment under the former Act immediately before that commencement and with the benefit of all rights then accrued.

See:
Act No.
11/1994.
Reprint No. 1
as at 15 July 1999
and amending
Act Nos
74/2000 and 108/2004.
LawToday:
www. legislation.vic.gov.au

17Repeal of Agent-General's Act 1994

s. 17

The Agent-General's Act 1994 is repealed.

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Agent-General and Commissioners for Victoria Act 2007
No. 64 of 2007

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 11 October 2007

Legislative Council: 1 November 2007

The long title for the Bill for this Act was "A Bill for an Act to continue to provide for the appointment of an Agent-General for Victoria, to provide for the appointment of other Commissioners for Victoria, to repeal the Agent-General's Act 1994 and for other purposes."