Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:2_404:p1
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 2 cl 404 (pt 1/2)
Character Range: 45127–47678

404  Acting appointments

 (1) The Minister may appoint a person to act in a senior office:
 (a) during a vacancy in the office, whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

 (2) Subject to this section, a person appointed to act during a vacancy in a senior office must not continue to act for more than 12 months.

 (3) If a person is acting in an office, the Minister may direct that, for the purposes specified in the direction, the person is to be taken to continue to act in the office after the normal terminating event occurs.

 (4) A direction under subsection (3) must specify the period during which the person is to be taken to continue to act in the office.

 (5) The period specified under subsection (4) may be specified by reference to the happening of a particular event or the existence of particular circumstances.

 (6) A direction under subsection (3):
 (a) is to be given only if there is a pending review or other special circumstance justifying the giving of the direction; and
 (b) may only be given before the normal terminating event occurs; and
 (c) has effect according to its terms even if the holder of the office is also performing the duties of the office; and
 (d) ceases to have effect 12 months after the normal terminating event occurs.

 (7) If the Tribunal as constituted for the purposes of a review includes a person acting or purporting to act under this section, any decision of, or any direction given or other act done by, the Tribunal as so constituted 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.

 (8) Anything done by or in relation to a person acting or purporting to act under an appointment under this section 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.

 (9) In this section:

normal terminating event, in relation to an appointment to act in an office, means:
 (a) if the appointment is made under paragraph (1)(a)—the filling of