21APerformance of duties, &c., in absence

### 21A Performance of duties, &c., in absence > *\[Section 21A Inserted by No. 4 of 1990, s. 10 and Sched. 1 \]* > > > (1)  [*\[Section 21A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpg@EN) Where – > > > > > > (a) [*\[Section 21A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpa@EN) by any enactment, instrument, contract or agreement, any duty, obligation, right or power is imposed or conferred on the holder of an office, position or appointment – > > > > > > > > > > (i) [*\[Section 21A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpb@EN) arising from the appointment or employment of a person under the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ; or > > > > > > > > > > > (ii) [*\[Section 21A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpc@EN) being the office or position of a member, officer or employee of a State authority within the meaning of that Act; or > > > > > > > > > > > (iii) [*\[Section 21A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpd@EN) being a statutory office or any other office or position in the service of the Crown; and > > > > > > > (b) for any reason – > > > > > > > > > > (i) [*\[Section 21A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpe@EN) the holder of that office, position or appointment is unable to perform or exercise the duty, obligation, right or power; or > > > > > > > > > > > (ii) [*\[Section 21A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpf@EN) that office, position or appointment is vacant – > > > > that duty, obligation, right or power may be performed or exercised by any eligible person so directed in writing by the appointing authority in the same manner and to the same extent in all respects as if that eligible person were the holder of that office, position or appointment. > > > (2)  In this section – > > > > > [*\[Section 21A Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hph@EN) ***appointing authority***, in relation to an office, position or appointment, means – > > > > > > > > (a) [*\[Section 21A Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpi@EN) in the case of an office, position or appointment to which appointments are required by or under an enactment to be made by the Governor – the Minister administering that enactment; and > > > > > > > > > (b) [*\[Section 21A Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpj@EN) in any other case – the person by whom appointments to that office, position or appointment are authorized to be made; > > > > > [*\[Section 21A Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja3@GC2@Hpk@EN) ***eligible person***, in relation to an office, position or appointment, means a person who possesses the qualifications required by law to be possessed by the holder of that office, position or appointment; > > > > > ***enactment*** means – > > > > > > > > (a) an Act; or > > > > > > > > > (b) any other instrument of a legislative character; or > > > > > > > > > (c) any provision of an Act or of an instrument referred to in [paragraph (b)](#GS21A@Gs2@Nd8@Hpb@EN) .