Financial Transaction Reports Act 1988

S 37 repealed by No 170 of 2006, s 3 and Sch 1 item 131, effective 13 December 2006. Act No 170 of 2006, s 3 and Sch 1 item 161, contained the following transitional provision:

Acting appointments  
(1)
This item applies to an instrument of appointment that:

(a) was in force immediately before the commencement of this item; and

(b) was made under subsection 37(1) of the Financial Transaction Reports Act 1988 .

(2)
The instrument has effect, after the commencement of this item, as if:

(a) it had been made under subsection 221(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ; and

(b) a reference in the instrument to the Director of AUSTRAC were a reference to the AUSTRAC CEO.

(3)
This item does not limit section 25B of the Acts Interpretation Act 1901 .

S 37 formerly read:

SECTION 37 ACTING DIRECTOR  
37(1)
The Minister may, in writing, appoint a person to act as Director of AUSTRAC:

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

(b) during any period, or during all periods, when the Director is absent from Australia or is, for any reason, unable to perform the duties of the office of Director.

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History

S 37(1) amended by No 188 of 1991.

37(2)
An appointment to act as Director of AUSTRAC may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

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History

S 37(2) amended by No 188 of 1991.

37(3)
A person appointed under subsection (1) to act during a vacancy in the office of Director shall not continue so to act for more than 12 months.

37(4)
Where a person is acting as Director otherwise than by reason of a vacancy in the office of Director and the office becomes vacant while the person is so acting, then, subject to subsection (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurs expires, whichever first occurs.

37(5)
While a person is acting as Director, that person may exercise all the powers, and shall perform all the duties, of the Director.

37(6)
Anything done by or in relation to a person purporting to act under subsection (5) is not invalid on the grounds that:

(a) the occasion for the person ' s appointment had not arisen;

(b) there is a defect or irregularity in connection with the person ' s appointment;

(c) the person ' s appointment had ceased to have effect; or

(d) the occasion for the person to act had not arisen or had ceased.