22Acting appointments

22 Acting appointments

(1) The Ministers may, by written instrument, appoint a Board member to act as the Chair: (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. (2) The Ministers may, by written instrument, appoint a person to act as a Board member (other than the Chair): (a) during a vacancy in the office of a Board member (other than the Chair) whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when a Board member (other than the Chair): (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office.

Note: Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules that apply to acting appointments.

(3) A person is not eligible for appointment to act as a Board member unless the person is eligible for appointment as a Board member under section 19. (4) For the purposes of a reference in: (a) this Act to a vacancy in the office of a Board member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 6 Board member offices in addition to the Chair.