70Acting member

##### 70 Acting member (1) The Minister may appoint a person: (a) to act as a member during a vacancy in the office of a member, whether or not an appointment has previously been made to the office; or (c) to act as a member during any period, or during all periods, when the member is absent from Australia or is, for any reason, unable to perform the duties of his or her office. (2) An appointment to act as a member may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (3) A person appointed under subsection (1) to act during a vacancy in the office of a member shall not continue so to act for more than 12 months. (4) Where a person is acting as a member otherwise than by reason of a vacancy in the office of a member and the office becomes vacant while the person is so acting, then, subject to subsection (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurs expires, whichever first occurs. (5) While a person is acting as a member, he or she has and may exercise all the powers, and shall perform all the duties, of a member. (6) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as a member; and (b) terminate such an appointment at any time. (7) A person appointed to act as a member may resign his or her appointment by writing signed by the person and delivered to the Minister. (8) The validity of anything done by or in relation to a person purporting to act as a member shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there was a defect or irregularity in or in connection with his or her appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased. (9) In this section, member does not include the Merit Protection Commissioner.