22Acting appointments

22 Acting appointments

(1) The Minister may appoint a member to act as the senior member:

(a) during a vacancy in the office of senior member, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the senior member is absent from duty or from Australia or is, for any other reason (including the reason that the senior member is suspended from office), unable to perform the duties of the office of senior member;

but a member appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) The Minister may appoint a person to act as a member other than the senior member:

(a) during a vacancy in the office of that member, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as senior member or is suspended from office), unable to perform the duties of the office of member;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (3) While a person is acting as the senior member or as a member other than the senior member, the person has and may exercise all the powers, and shall perform all the functions, of the senior member or of that member, as the case may be. (4) An appointment of a person under subsection (1) or (2) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (5) The Minister may:

(a) determine the terms and conditions of appointment including remuneration and allowances, of a person acting as the senior member or as a member other than the senior member; and

(b) terminate such an appointment at any time.

(6) Where:

(a) a person is acting as the senior member in accordance with paragraph (1)(b); or

(b) a person is acting as a member other than the senior member in accordance with paragraph (2)(b);

and that office becomes vacant while that person is so acting, then, subject to subsection (4), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (7) The appointment of a person to act as the senior member or as a member other than the senior member ceases to have effect if the person resigns that appointment by writing signed by the person and delivered to the Minister. (8) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for the person’s appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.