PART II
-
ADMINISTRATION
SECTION 17
ACTING APPOINTMENTS
17(1)
The Minister may appoint the Deputy Chairperson, a member or other person to act as Chairperson:
(a)
during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the Chairperson is absent from Australia or is, for any other reason, unable to perform the duties of the office of Chairperson;
but a person so appointed shall not continue so to act for more than 12 months.
Note:
For rules that apply to acting appointments, see section
33A
of the
Acts Interpretation Act 1901
.
History
S 17(1) amended by No 63 of 2016, s 3 and Sch 1 item 25, by substituting
"
the Deputy Chairperson, a member or other person
"
for
"
a member or other person
"
, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
S 17(1) amended by No 46 of 2011, s 3 and Sch 2 item 708, by inserting a note at the end, effective 27 December 2011. No 46 of 2011, s 3 and Sch 3 items 10 and 11 contain the following saving and transitional provisions:
10 Saving
-
appointments
10
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
11
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
17(1A)
The Minister may appoint a member or other person to act as Deputy Chairperson:
(a)
during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the Deputy Chairperson is absent from Australia or is, for any other reason, unable to perform the duties of the office of Deputy Chairperson;
but a person so appointed must not continue to act in that appointment for more than 12 months.
Note:
For rules that apply to acting appointments, see section
33A
of the
Acts Interpretation Act 1901
.
History
S 17(1A) inserted by No 63 of 2016, s 3 and Sch 1 item 26, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
17(2)
Where the number of members referred to in paragraph
9(1)(c)
is less than 10, the Minister may appoint a person who is not a member to act as a member, but a person so appointed shall not continue so to act:
(a)
if and after the number of those members ceases to be less than 10; or
(b)
for longer than 12 months.
Note:
For rules that apply to acting appointments, see section
33A
of the
Acts Interpretation Act 1901
.
History
S 17(2) amended by No 46 of 2011, s 3 and Sch 2 item 708, by inserting a note at the end, effective 27 December 2011. For saving and transitional provisions see note under s 17(1).
17(3)
The Minister may appoint a person who is not a member to act in the place of a member referred to in paragraph
9(1)(c)
during any period, or during all periods, when the member is acting as Chairperson, is absent from Australia or is, for any other reason, unable to perform the duties of the office of member, but a person so appointed shall not continue so to act for longer than 12 months.
Note:
For rules that apply to acting appointments, see section
33A
of the
Acts Interpretation Act 1901
.
History
S 17(3) amended by No 46 of 2011, s 3 and Sch 2 item 708, by inserting a note at the end, effective 27 December 2011. For saving and transitional provisions see note under s 17(1).
17(4)
(Repealed by No 46 of 2011)
History
S 17(4) repealed by No 46 of 2011, s 3 and Sch 2 item 709, effective 27 December 2011. For saving and transitional provisions see note under s 17(1). S 17(4) formerly read:
17(4)
An appointment of a person under subsection (1) or (3) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
17(5)
(Repealed by No 46 of 2011)
History
S 17(5) repealed by No 46 of 2011, s 3 and Sch 2 item 709, effective 27 December 2011. For saving and transitional provisions see note under s 17(1). S 17(5) formerly read:
17(5)
Where a person is acting as the Chairperson otherwise than because of a vacancy in the office of Chairperson and the office of Chairperson becomes vacant while the person is so acting then, subject to subsection (4), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever occurs first.
17(6)
(Repealed by No 46 of 2011)
History
S 17(6) repealed by No 46 of 2011, s 3 and Sch 2 item 709, effective 27 December 2011. For saving and transitional provisions see note under s 17(1). S 17(6) formerly read:
17(6)
The Minister may:
(a)
determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as the Chairperson or a member; and
(b)
terminate such an appointment at any time.
17(7)
(Repealed by No 46 of 2011)
History
S 17(7) repealed by No 46 of 2011, s 3 and Sch 2 item 709, effective 27 December 2011. For saving and transitional provisions see note under s 17(1). S 17(7) formerly read:
17(7)
A person appointed to act as the Chairperson or another member may resign by writing signed by the person and delivered to the Minister.
17(8)
(Repealed by No 164 of 2007)
History
S 17(8) repealed by No 164 of 2007, s 3 and Sch 12 item 20, effective 27 September 2007. S 17(8) formerly read:
17(8)
While a person is acting as the Chairperson or as another member, the person has and may exercise all the powers, and shall perform all the duties, of the Chairperson or the member, as the case may be.
17(9)
(Repealed by No 46 of 2011)
History
S 17(9) repealed by No 46 of 2011, s 3 and Sch 2 item 709, effective 27 December 2011. For saving and transitional provisions see note under s 17(1). S 17(9) formerly read:
17(9)
Anything done by or in relation to a person purporting to act under subsection (1), (2) or (3) 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.