Document ID: chunk:federal_register_of_legislation:C2024C00821:section:33
Version: federal_register_of_legislation:C2024C00821
Segment Type: section
Provision Reference: s 33
Character Range: 24376–26840

33  Acting appointments
 (1) The Minister may, by written instrument, appoint a person 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.
 (1A) The Minister must notify the Finance Minister if the Minister appoints a person to act as the Chair.
 (1B) If no appointment is in force under subsection (1), the Deputy Chair is 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.
 (1C) The Minister may, by written instrument, appoint a person to act as the Deputy Chair:
 (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when the Deputy Chair:
 (i) is absent from duty or from Australia; or
 (ii) is, for any reason (including the reason that the Deputy Chair is acting as Chair), unable to perform the duties of the office.
 (1D) The Minister must notify the Finance Minister if the Minister appoints a person to act as the Deputy Chair.
 (2) The Minister may, by written instrument, appoint a person to act as an appointed member:
 (a) during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when an appointed member:
 (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 the Chair or Deputy Chair, or as an appointed member, unless the person is eligible for appointment as a Board member under subsection 30(2).
 (4) For the purposes of a reference in:
 (a) this Act to a vacancy in the office of appointed member; or
 (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;
there are taken to be 7 offices of appointed member.