Management and Investment Companies Act 1983
13Acting members
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13 Acting members
(1) The Minister may appoint a member referred to in paragraph 7(1)(c) to act as the Chairman: (a) during a vacancy in the office of Chairman, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office. (2) The Minister may appoint a person qualified to be appointed as a member to act as a member: (a) during a vacancy in the office of a member, whether or not an appointment has previously been made to the office; (b) during any period, or during all periods, when a member is acting as the Chairman by reason of an appointment under subsection (1); or (c) during any period, or during all periods, when a member is absent from duty or from Australia or, for any other reason, is unable to perform the functions of his office. (3) An appointment of a person under this section may be expressed to have effect only in such circumstances as are specified in the instrument of his appointment. (4) A person appointed to act during a vacancy shall not continue so to act for more than 12 months. (5) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and (b) at any time terminate such an appointment. (6) Where a person is acting in an office in accordance with paragraph (1)(b) or (2)(c), and the office becomes vacant while that person is so acting, that member 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 occurred expires, whichever first happens. (7) The appointment of a person under this section ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister. (8) While the appointment of a person under this section remains in force, he has, and may exercise, all the powers and shall perform all the functions of the person in whose office he is acting. (9) The validity of anything done by or in relation to a member appointed under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that his apppointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.