Section 16 - National Occupational Health and Safety Commission Act 1985 - Acting Chairperson

16Acting Chairperson

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#### 16 Acting Chairperson (1) The Minister may appoint a person to act in the office of Chairperson: (a) during a vacancy in that office, whether or not an appointment has previously been made to that office; or (b) during any period, or during all periods, when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office. (2) An appointment of a person under subsection (1) 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 shall not continue so to act for more than 12 months. (4) Where a person is acting in the office of Chairperson in accordance with paragraph (1)(b) 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 date on which the vacancy occurs expires, whichever first happens. (5) While a person is acting in the office of Chairperson, the person has and may exercise all the powers, and shall perform all the functions, of the Chairperson under this Act or any other law. (6) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in the office of Chairperson; and (b) terminate such an appointment at any time. (7) A person appointed under subsection (1) may resign the 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 in the office of Chairperson shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.