House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)

Schedule 6 - Acting Appointments

Part 1 - Automatic Acting

90 The items in Part 1 amend various provisions of Commonwealth Acts providing for a person to automatically act in a position. The amendments remove two sorts of provisions. Firstly, provisions providing that anything done by or in relation to a person purporting to so act is not invalid merely because the occasion to act had not arisen or had ceased. Secondly, provisions providing that while the person is acting in the position the person has and may exercise all the powers and must perform all the functions and duties of the holder of the office and that Acts apply in relation to the person as if the person were the holder of the office. Those provisions are redundant as section 33A of the Acts Interpretation Act 1901 now deals with these matters. Notes have been included to refer to that section.

Part 2 - Other Appointments

91 The items in Part 2 amend section 256 of the National Health Reform Act 2011 to remove a subsection providing that anything done by or in relation to a person purporting to act under an appointment is not invalid merely because of various matters. That provision is redundant as section 33AB of the Acts Interpretation Act 1901 now deals with this. A note has been included under the relevant provision referring to the general acting appointment rules in sections 33AB and 33A of the Acts Interpretation Act 1901.

Part 3 - Saving

92 Item 23 in Part 3 is a saving provision which provides certainty that the amendments made by this Schedule do not affect the validity of an appointment that was made under an Act, before the commencement of that item, and that was in force immediately before that commencement.