39Acting appointments

##### 39 Acting appointments (1) The Deputy Chair is to act as the Chair: (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. > Note: Under section 33A of the Acts Interpretation Act 1901, this Act applies in relation to a person acting as the Deputy Chair as if the person were the holder of the office of Deputy Chair. (2) The Minister may appoint a member to act as the Deputy Chair: (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Deputy Chair is acting as the Chair, is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. (3) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair): (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when a member is acting as the Deputy Chair, is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. (4) Anything done by a person purporting to act under this section is not invalid merely because: (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in connection with the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased.