19Acting appointments

19 Acting appointments

(1) The Minister may appoint a member to act as the Chairman:

(a) during a vacancy in the office of Chairman; or

(b) during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any other reason (including the reason that he is suspended from office), unable to perform the duties of his office;

but a member appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) The Minister may appoint a person to act as a member other than the Chairman:

(a) during a vacancy in the office of that member; or

(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that he is acting as Chairman or is suspended from office), unable to perform the duties of his office;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (3) While a person is acting as Chairman or as a member other than the Chairman, he has and may exercise all the powers, and shall perform all the functions, of the Chairman or that member, as the case may be. (4) An appointment of a person under sub‑section (1) or (2) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (5) The Minister may:

(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as the Chairman or as a member other than the Chairman; and

(b) terminate such an appointment at any time.

(6) Where:

(a) a person is acting as the Chairman in accordance with paragraph (1)(b); or

(b) a person is acting as a member other than the Chairman in accordance with paragraph (2)(b);

and that office becomes vacant while that person is so acting, then, subject to subsection (4), that 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 occurred expires, whichever first happens. (7) The appointment of a person to act as the Chairman or as a member other than the Chairman ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister. (8) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.