22Acting appointments

##### 22 Acting appointments (1) The Minister may appoint the Deputy Chairperson or another member (other than the Chief Executive Officer) to act as the 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 of Chairperson. (2) The Minister may appoint a member (other than the Chief Executive Officer) to act as the 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 acting as the Chairperson, is absent from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson. (3) The Minister may appoint a person to act as a member referred to in paragraph 13(1)(d) (in this section referred to as an ordinary member): (a) during a vacancy in the office of an ordinary member, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an ordinary member is acting as the Chairperson or the Deputy Chairperson, is absent from Australia or is, for any reason, unable to perform the duties of the office. (4) Where a Chairperson is appointed as a part‑time member, a person appointed under paragraph (1)(b) to act as the Chairperson shall not be appointed otherwise than as a part‑time member. (5) 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. (6) A person appointed under subsection (1), (2) or (3) to act during a vacancy in the office of Chairperson, Deputy Chairperson or ordinary member, as the case may be, shall not continue so to act for more than 12 months. (7) Where a person is acting as the Chairperson, the Deputy Chairperson or an ordinary member otherwise than by reason of a vacancy in the office of Chairperson, Deputy Chairperson or ordinary member, as the case may be, and the office of Chairperson, Deputy Chairperson or ordinary member, as the case may be, becomes vacant while the person is so acting, then, subject to subsection (5), the 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 occurs expires, whichever occurs first. (8) While a person is acting as the Chairperson, the Deputy Chairperson or an ordinary member, the person has and may exercise all the powers, and shall perform all the duties, of the Chairperson, the Deputy Chairperson or the member, as the case may be. (9) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as the Chairperson, the Deputy Chairperson or an ordinary member; and (b) terminate such an appointment at any time. (10) A person appointed to act as the Chairperson, the Deputy Chairperson or an ordinary member may resign by writing signed by the person and delivered to the Minister. (11) The validity of anything done by or in relation to a person purporting to act as the Chairperson, the Deputy Chairperson or an ordinary member shall not be called in question on the ground that the occasion for the 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.