sch.1-sec.28Powers of appointment imply certain incidental powers

sch.1-sec.28 Powers of appointment imply certain incidental powers

If this Law authorises or requires a person or body to appoint a person to an office: the power may be exercised from time to time as occasion requires, and the power includes: power to remove or suspend, at any time, a person appointed to the office, and power to appoint another person to act in the office if a person appointed to the office is removed or suspended, and power to reinstate or reappoint a person removed or suspended, and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled), and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise). The power to remove or suspend a person under subclause (1) (b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period. The power to make an appointment under subclause (1) (b) may be exercised from time to time as occasion requires. An appointment under subclause (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. (sch.1-sec.28-ssec.1) If this Law authorises or requires a person or body to appoint a person to an office: the power may be exercised from time to time as occasion requires, and the power includes: power to remove or suspend, at any time, a person appointed to the office, and power to appoint another person to act in the office if a person appointed to the office is removed or suspended, and power to reinstate or reappoint a person removed or suspended, and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled), and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise). (sch.1-sec.28-ssec.2) The power to remove or suspend a person under subclause (1) (b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period. (sch.1-sec.28-ssec.3) The power to make an appointment under subclause (1) (b) may be exercised from time to time as occasion requires. (sch.1-sec.28-ssec.4) An appointment under subclause (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.

• (a) the power may be exercised from time to time as occasion requires, and
• (b) the power includes: (i) power to remove or suspend, at any time, a person appointed to the office, and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended, and (iii) power to reinstate or reappoint a person removed or suspended, and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled), and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).