CTHRepealedAct
Australian Securities and Investments Commission Act 1989
6AActing appointments
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#### 6A Acting appointments
Where a provision of the ASIC Law of this jurisdiction (other than subsection 109ZB(8) of the Corporations Law as it applies because of subsection 5(3) of the ASIC Law) 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 ASIC Law 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) in the case of an appointment 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; or
(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) any law of this jurisdiction applies in relation to the appointee as if the appointee were the holder of the office.