99DActing Chairperson

#### 99D Acting Chairperson (1) The Governor‑General may appoint a person who holds office as a Deputy President of the Fair Work Commission to act as Chairperson of the Tribunal: (a) during a vacancy in the office of Chairperson; or (b) during any period, or during all periods, when the Chairperson is unavailable to perform the duties of Chairperson. > Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. (4) Where the Tribunal as constituted for the purpose of a proceeding includes a person acting or purporting to be appointed under this section, or a person so acting or purporting to be appointed has done any act, the validity of any decision of, or of any direction given or other act done by, the Tribunal as so constituted, or of the act done by the person so acting or purporting to be appointed, shall not be called in question in any proceeding on the ground that the occasion for the person to act or for the appointment of the person had not arisen or that the occasion for the person’s appointment had passed or the person’s appointment had ceased to have effect. (7) Where, by virtue of an appointment under subsection (1), a person is acting as Chairperson during the unavailability of the Chairperson, the Governor‑General may, by reason of the pending consideration of a matter by the Tribunal or other special circumstances, direct that the person so acting shall continue so to act until otherwise directed by the Governor‑General notwithstanding that the Chairperson has ceased to be unavailable. (8) Where a person is acting as Chairperson by virtue of a direction under subsection (7), the Chairperson shall take no part in the operations of the Tribunal. (9) A person shall not continue to act as Chairperson by virtue of a direction under subsection (7) for a period of more than 12 months. (10) The appointment of a person under subsection (1) and a direction in relation to a person under subsection (7) cease to have effect if the person ceases to hold office as a Deputy President of the Fair Work Commission.