34Acting appointment

34 Acting appointment

Appointment to act as Chair (1) The Minister may, by written instrument, appoint a Council member to act as the Chair: (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or (ii) is, for any other reason, unable to perform the duties of the office. Appointment to act as member other than Chair (2) The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair): (a) during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or (b) during any period, or during all periods, when a Council member (other than the Chair): (i) is absent from duty or from Australia; or (ii) is, for any other reason, unable to perform the duties of the office.

Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.

(3) If: (a) paragraph (2)(a) applies; and (b) the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f); a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)). (4) If: (a) paragraph (2)(b) applies; and (b) the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f); a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).