Native Title Legislation Amendment Act 2021 (6 of 2021)

Schedule 7   National Native Title Tribunal

Native Title Act 1993

3   After section 115

Insert:

115A Acting appointments

President

(1) The Commonwealth Minister may, by written instrument, appoint a person to act as the President:

(a) during a vacancy in the office of President (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when the President:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

Deputy President

(2) The Commonwealth Minister may, by written instrument, appoint a person to act as a Deputy President:

(a) during a vacancy in the office of a Deputy President (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when a Deputy President:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

Non-presidential members

(3) The Commonwealth Minister may, by written instrument, appoint a person to act as a member other than the President or a Deputy President:

(a) during a vacancy in the office of a member other than the President or a Deputy President (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when a member other than the President or a Deputy President:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

Qualifications

(4) A person must not be appointed to act in an office under this section unless the person may be appointed to that office under section 110.

Terms and conditions

(5) A person (other than a Judge or an assessor) appointed to act in an office under this section is to act on such terms and conditions as the Minister determines in writing.