18Acting appointments

18 Acting appointments

(1) The Minister may, by written instrument, appoint a person to act as a director: (a) during a vacancy in the office of the director (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the director: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

(2) A person is not eligible for appointment to act as a director if the person’s appointment would result in a contravention of a SIS fitness and propriety standard. (3) In the case of an appointment under subsection (1), the Minister must consult the Defence Minister before appointing a person to act as a director. (4) The Minister must consult the Board about the person whom the Minister proposes to appoint to act as the Chair. (5) If: (a) a director is appointed following a nomination made by the President of the Australian Council of Trade Unions; and (b) a nomination is made by the President for a person to act in place of that director; the Minister must: (c) appoint the person who has been nominated to act as a director; and (d) appoint the person for the period specified in the nomination. (6) If: (a) a director is appointed following a nomination made by the Chief of the Defence Force; and (b) a nomination is made by the Chief for a person to act in place of that director; the Minister must: (c) appoint the person who has been nominated to act as a director; and (d) appoint the person for the period specified in the nomination.