Document ID: chunk:federal_register_of_legislation:C2011A00109:clause:1_132
Version: federal_register_of_legislation:C2011A00109
Segment Type: clause
Provision Reference: sch 1 cl 132
Character Range: 79137–80930

132  Appointment of acting Performance Authority CEO
(1) The Minister may, before the end of the 6‑month period beginning at the commencement of this item, appoint a person to act as the Performance Authority CEO during a vacancy in the office of the Performance Authority CEO, so long as no appointment has previously been made to the office.
(2) An appointment under subitem (1) is to be made by written instrument.
(3) Anything done by or in relation to a person purporting to act under an appointment under subitem (1) is not invalid merely because:
 (a) the occasion for the appointment had not arisen; or
 (b) there was a defect or irregularity in connection with the appointment; or
 (c) the appointment had ceased to have effect; or
 (d) the occasion to act had not arisen or had ceased.
Note: For more about acting appointments, see sections 20 and 33A of the Acts Interpretation Act 1901.
(4) If a person is acting as the Performance Authority CEO in accordance with an appointment under subitem (1), the Performance Authority must not appoint anyone, under subsection 94(1) of the National Health Reform Act 2011, to act as the Performance Authority CEO.
(5) If, immediately before the end of the 6‑month period beginning at the commencement of this item, a person is acting as the Performance Authority CEO in accordance with an appointment under subitem (1), the appointment is terminated at the end of that 6‑month period.
(6) Subitem (5) does not prevent the person from being appointed by the Performance Authority, under subsection 94(1) of the National Health Reform Act 2011, to act as the Performance Authority CEO after the end of that 6‑month period.

[Minister's second reading speech made in—
House of Representatives on 3 March 2011
Senate on 22 August 2011]
(28/11)