39Acting appointments of Secretaries of Departments

##### 39 Acting appointments of Secretaries of Departments (1) The Prime Minister may, in writing, appoint an officer or employee to act in an office of Secretary: (a) during a vacancy in the office, whether or not an appointment has previously been made to the office; (b) during a period (if any) when the holder of the office is suspended from duty under section 57 or 59; or (c) during a period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office. (2) An appointment under this section by reason of a vacancy in an office shall not be made, or continue to have effect, after the expiration of a period of 12 months from the date of the occurrence of the vacancy. (3) An appointment of an officer or employee under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (4) The Prime Minister may at any time, in writing, terminate an appointment under subsection (1). (5) Where an officer or employee is acting in an office in accordance with paragraph (1)(b) or (c) and that office becomes vacant while that officer or employee is so acting, then, subject to subsection (3), that officer or employee may continue so to act until the Prime 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. (6) While an officer or employee is acting in an office in accordance with subsection (1), he has and may exercise all the powers, and shall perform all the functions, of the holder of that office under this Act or any other law. (7) The validity of anything done by or in relation to an officer or employee purporting to act under subsection (1) shall not be called in question on the ground that: (a) the occasion for his appointment had not arisen; (b) there is a defect or irregularity in or in connection with his appointment; (c) the appointment had ceased to have effect; or (d) the occasion for him to act had not arisen or had ceased.