Statutory Bodies (Discipline and Surcharge) Act 2000

This Act may be cited as the Statutory Bodies (Discipline

This Act shall come into operation on a date to be appointed by the Prime Minister by notification in the Gazette.

This Act shall apply to all statutory bodies except the statutory bodies listed in the First Schedule.

Notwithstanding subsection (1), the statutory bodies listed in the First Schedule shall ensure that disciplinary provisions applicable to their officers conform as closely as their incorporating law and organizational and remuneration systems permit to the provisions in the Regulations.

This Act shall be read together and construed as one with the incorporating law of a statutory body.

In this Act, unless the context otherwise requires—

“Board” means the statutory body itself or, where the incorporating law provides for a separate board, council or committee by whatever name called to carry out the functions of the statutory body and to have charge of the general management and administration of the statutory body, that board, council or committee;

“Director General” means the person, by whatever name called, who is charged with the day to day administration and management of the affairs of a statutory body;

“Disciplinary Appeal Committee” means the committee referred to in section 7;

“Disciplinary Committee” means the committee referred to in section 6;

“disciplinary offence” means the breach of any provision of the code of conduct set out in the Regulations and includes any act or omission in respect of which disciplinary action may be taken under the Regulations;

“emoluments” means any remuneration, inclusive of salary, fixed rewards, incentive payments and monthly allowances, which is due to be paid to an officer each month;

“federal law” means an Act of Parliament or an Ordinance which relates to any matter with respect to which Parliament may make laws or subsidiary legislation made under an Act of Parliament or such

Ordinance;

“Head of Department” means an officer who is responsible for a department, division, unit or branch of a statutory body, and includes

Statutory Bodies (Discipline and Surcharge) 7

any officer authorized in writing by the Board to carry out the functions of a Head of Department for any period of time;

“incorporating law” means the federal law by which a statutory body is incorporated;

“Minister”, in relation to a statutory body, means the Minister charged with the responsibility for the statutory body under the incorporating law or under the Ministerial

Functions Act 1969 [Act 2];

“Ministry” means the Ministry responsible for a statutory body;

“officer” means a person who is employed on a permanent, temporary or contractual basis by a statutory body, and is paid emoluments by the statutory body, and includes a person who is seconded to any subsidiary corporation or company of the statutory body or any other statutory body or any Ministry, department or agency of the Federal Government or any department or agency of the Government of any State or any company in which the Federal

Government or the Government of any State has an interest;

“Regulations” means the Regulations in the Second Schedule;

“salary” means the basic salary of an officer;

“statutory body” means a body, by whatever name called, incorporated by federal law for the purposes of the Federal

Government, but does not include a local authority.