37Acting appointments

#### 37 Acting appointments (1) The Minister may appoint the Deputy Chairperson, or a member (other than the Chief Executive) to act as Chairperson: (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office. (2) The Minister may appoint a member (other than the Chief Executive) to act as Deputy Chairperson: (a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason (including the reason that the Deputy Chairperson is acting as the Chairperson), unable to perform the duties of the office. (3) The Minister may appoint a person, whether or not the person is a member, to act as the Chief Executive: (a) during a vacancy in the office of the Chief Executive, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chief Executive is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office. (4) The Minister may appoint a person to act as a member (other than the Chairperson, Deputy Chairperson or Chief Executive): (a) during a vacancy in the office of the member, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the member is absent from duty or from Australia or is, for any reason (including the reason that the member is acting as the Chairperson, Deputy Chairperson or Chief Executive), unable to perform the duties of the office. (5) A person appointed to act during a vacancy under paragraph (1)(a), (2)(a), (3)(a) or (4)(a) must not continue so to act for more than 12 months. (6) In its application in relation to a person appointed to act under this section, section 33A of the Acts Interpretation Act 1901 is modified by inserting at the end of subparagraph (b)(i) “, being terms and conditions that are, as far as practicable, equivalent to the terms and conditions that are applicable to that particular office”. (7) Anything done by or in relation to 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.