Acts Interpretation Act 1901

PART 7 - POWERS, FUNCTIONS AND DUTIES  

SECTION 33A   ACTING IN OFFICES OR POSITIONS  
Acting appointments

33A(1)    
Where a provision of an Act (other than subsection 33(4) of this Act) confers on a person or body (in this section called the appointer ) a power to appoint a person (in this section called the appointee ) to act in a particular office, then, except so far as the Act otherwise provides, the following paragraphs apply in relation to an appointment made under the provision:

(a) the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment;

(b) the appointer may:

(i) determine the terms and conditions of the appointment, including remuneration and allowances; and

(ii) terminate the appointment at any time;

(ba) where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months;

(c) where the appointee is acting in an office other than a vacant office and the office becomes vacant while the appointee is acting, then, subject to paragraph (a), the appointee may continue so to act until:

(i) the appointer otherwise directs;

(ii) the vacancy is filled; or

(iii) a period of 12 months from the day of the vacancy ends;

whichever happens first;

(d) the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer;

(e) while the appointee is acting in the office:

(i) the appointee has and may exercise all the powers, and shall perform all the functions and duties, of the holder of the office; and

(ii) that or any other Act applies in relation to the appointee as if the appointee were the holder of the office.

Acting by operation of law

33A(2)    

If a provision of an Act provides for a person to act in a particular office (without the need for an appointment), then, except so far as the Act otherwise provides, while the person is acting in the office:

(a) the person has and may exercise all the powers, and must perform all the functions and duties, of the holder of the office; and

(b) the Act or any other Act applies in relation to the person as if the person were the holder of the office.

33A(3)    

Anything done by or in relation to a person purporting to act in the office mentioned in subsection (2) is not invalid merely because the occasion to act had not arisen or had ceased.

Definition

33A(4)    

In this section:

office
includes a position occupied by an APS employee.