9AACertain acting appointments in Parliamentary Departments

##### 9AA Certain acting appointments in Parliamentary Departments (1) In this section, responsible authority means: (a) in relation to an office in the Department of the Senate—the President of the Senate; (b) in relation to an office in the Department of the House of Representatives—the Speaker of the House of Representatives; and (c) in relation to an office in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department—the President of the Senate and the Speaker of the House of Representatives. (2) The responsible authority may, in writing, appoint a person who is an officer or employee to act as Clerk of the Senate, Clerk of the House of Representatives, Parliamentary Librarian, Principal Parliamentary Reporter or Secretary to the Joint House Department: (a) during a vacancy in the office; (b) during a period when the holder of the office is suspended from duty under section 57 or 59; or (c) during any 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 duties of the office; but a person appointed to act during a vacancy shall not continue to act for more than 12 months. (3) The appointment may be expressed to have effect only in specified circumstances. (4) Where: (a) a person is acting in an office under paragraph (2)(b) or (c); and (b) the office becomes vacant; then, subject to subsection (3), the person may continue to act until: (c) the responsible authority otherwise directs, in writing; (d) the vacancy is filled; or (e) a period of 12 months from the day on which the vacancy occurred expires; whichever happens first. (5) A person acting in an office under subsection (2) has all the powers and duties of the holder of the office. (6) The responsible authority may, in writing, at any time terminate an appointment made under subsection (2). (7) Anything done by or in relation to a person purporting to act in an office under subsection (2) is not invalid because: (a) the occasion for the appointment had not arisen; (b) there was a defect or irregularity in connection with the appointment; (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased.