sec.326When particular acting appointments made before commencement taken to commence

### sec.326 When particular acting appointments made before commencement taken to commence For an appointee mentioned in section 325(1)(a), new section 57(5) applies in relation to the appointee as if— the appointed SSE was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement. For an appointee mentioned in section 325(1)(b)(i), new section 59A(4) applies in relation to the appointee as if— the appointed open-cut examiner was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement. For an appointee mentioned in section 325(1)(b)(ii), new section 60A(4) applies in relation to the appointee as if— the person in whose office the appointee is acting was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement. For an appointee mentioned in section 325(1)(c), new section 61A(6) applies in relation to the appointee as if— the ventilation officer appointed under former section 61 was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement. This section does not limit the following provisions— for subsection (1)—new section 57(6) and (7); for subsection (2)—new section 59A(5); for subsection (3)—new section 60A(5); for subsection (4)—new section 61A(7). s 326 ins 2022 No. 29 s 12 (sec.326-ssec.1) For an appointee mentioned in section 325(1)(a), new section 57(5) applies in relation to the appointee as if— the appointed SSE was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement. (sec.326-ssec.2) For an appointee mentioned in section 325(1)(b)(i), new section 59A(4) applies in relation to the appointee as if— the appointed open-cut examiner was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement. (sec.326-ssec.3) For an appointee mentioned in section 325(1)(b)(ii), new section 60A(4) applies in relation to the appointee as if— the person in whose office the appointee is acting was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement. (sec.326-ssec.4) For an appointee mentioned in section 325(1)(c), new section 61A(6) applies in relation to the appointee as if— the ventilation officer appointed under former section 61 was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement. (sec.326-ssec.5) This section does not limit the following provisions— for subsection (1)—new section 57(6) and (7); for subsection (2)—new section 59A(5); for subsection (3)—new section 60A(5); for subsection (4)—new section 61A(7). - (a) the appointed SSE was first temporarily absent from duty on the day of the commencement; and - (b) the appointee had been appointed to act in the office on the day of the commencement. - (a) the appointed open-cut examiner was first temporarily absent from duty on the day of the commencement; and - (b) the appointee had been appointed to act in the office on the day of the commencement. - (a) the person in whose office the appointee is acting was first temporarily absent from duty on the day of the commencement; and - (b) the appointee had been appointed to act in the office on the day of the commencement. - (a) the ventilation officer appointed under former section 61 was first temporarily absent from duty on the day of the commencement; and - (b) the appointee had been appointed to act in the office on the day of the commencement. - (a) for subsection (1)—new section 57(6) and (7); - (b) for subsection (2)—new section 59A(5); - (c) for subsection (3)—new section 60A(5); - (d) for subsection (4)—new section 61A(7).