209Power of appointment includes power to make acting

209 Power of appointment includes power to make acting appointment (1) If the appointer’s power is the power to make an appointment to a position, the power to make the appointment also includes power to appoint a person, or 2 or more people, to act in the position— (a) during any vacancy, or all vacancies, in the position, whether or not an appointment has previously been made to the position; or

(b) during any period, or all periods, when the appointee cannot for any reason exercise functions of the position. Examples—par (b) 1 the appointee is ill or on leave 2 the appointee is acting in another position 3 the appointee is outside the ACT or Australia (2) The power to appoint a person to act is exercisable in the same way, and subject to the same conditions, as the power to make the appointment. If the appointment power is exercisable only on the recommendation of a body, the power to appoint a person to act is exercisable only on the recommendation of the body. (3) Without limiting subsection (2), if the law (or another law) requires— (a) the appointee to hold a qualification; or (b) the appointer (or someone else) to be satisfied about the appointee’s suitability (whether in terms of knowledge, experience, character or any other personal quality) before appointing the appointee to the position; a person may only be appointed to act in the position if the person holds the qualification or the appointer (or other person) is satisfied about the person’s suitability. 1 If an Act requires the appointee to be a magistrate, a person can be appointed to act in the position only if the person is a magistrate. 2 If a regulation requires the appointee to be a lawyer of at least 5 years standing, a person can be appointed to act in the position only if the person is a lawyer of at least 5 years standing.

Appointments—general Division 19.3.1 3 If an Act requires the appointee to have, in the Executive’s opinion, appropriate expertise, training or experience in relation to the needs of a particular group of people, a person can be appointed to act in the position only if the person has, in the Executive’s opinion, that expertise, training or experience.