60Acting appointments

#### 60 Acting appointments (1) The Minister may appoint the holder of a judicial office to act as President: (a) during a vacancy in the office of President, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the President is absent from duty or from Australia or is, for any other reason, unavailable to perform the duties of his or her office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) The Minister may appoint the holder of a judicial office to act as a Deputy President during any period, or during all periods, when a Deputy President is absent from duty or from Australia or is, for any other reason, unavailable to perform the duties of his or her office. (3) The Minister may appoint a person qualified to be appointed as a member of the Disciplinary Tribunal (other than the President or a Deputy President) to act as such a member during any period, or during all periods, when a member of the Tribunal (other than the President or a Deputy President) is absent from duty or from Australia or is, for any other reason, unavailable to perform the duties of his or her office. (4) An appointment of a person under subsection (1), (2) or (3) 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 appointed under subsection (1), (2) or (3); and (b) terminate such an appointment at any time. (6) Where a person has been appointed under subsection (1), (2) or (3) during a period when a member of the Disciplinary Tribunal is absent from duty or from Australia or is, for any other reason, unavailable to perform the duties of his or her office, the Minister may, by reason of a pending proceeding or other special circumstances, direct, before the member of the Tribunal who is absent ceases to be so absent or unavailable, that the person so appointed shall continue to act under the appointment after the member of the Tribunal ceases to be absent or unavailable and until he or she resigns the appointment or the Minister terminates the appointment, but a person shall not continue to act by virtue of this subsection for more than 12 months after the member of the Tribunal ceases to be absent or unavailable. (7) The appointment of a person to act as a member of the Disciplinary Tribunal ceases to have effect if the person resigns the appointment by giving a signed notice of resignation to the Minister. (8) While a person is acting as the President, a Deputy President or another member of the Disciplinary Tribunal he or she has and may exercise all the powers and shall perform all the functions, of the President, a Deputy President or another member of the Tribunal, as the case may be, under this Act. (9) Where: (a) the Disciplinary Tribunal as constituted for the purposes of a proceeding consists of a person acting or purporting to be appointed under this section; or (b) a person so acting or purporting to be appointed has done any act; the validity of any decision of, or of any direction given or other act done by, the person so acting or purporting to be appointed shall not be called in question on the ground that: (c) the occasion for the person to act or for the appointment of the person has not arisen; (d) there is a defect or irregularity in or in connection with the appointment of the person; (e) the occasion for the person to act had ceased; or (f) the appointment had ceased to have effect.