Document ID: chunk:federal_register_of_legislation:C2004A05055:schedule:2:p5
Version: federal_register_of_legislation:C2004A05055
Segment Type: schedule
Provision Reference: sch 2 (pt 5/15)
Character Range: 15420–18241

the Commission, elect one of them to be the alternate of the Deputy Chairperson.

13 After subsection 33(1B)

  Insert:

      (1BA) The alternate of the Deputy Chairperson of the Commission is to be elected for a period determined by the Commission and holds office until:

(a) the end of that period; or

  (b) he or she is elected as Deputy Chairperson of the Commission; or

          (c) he or she ceases to be a Commissioner;
          whichever happens first. However, if he or she ceases to hold office because of paragraph (a) and is still a Commissioner, he or she may be re-elected.

14 Subsection 35(3)

  Omit "(1)", substitute "(1A)".

15 Paragraph 36(1)(a)

   Omit "a person has previously been elected as Commission Chairperson", substitute "an appointment has previously been made to the office".

16 After subsection 36(1)

  Insert:

  (1A) If:

(a) either of the following circumstances exists:

            (1) there is a vacancy in the office of Commission Chairperson, whether or not an appointment has previously been made to the office;

            (2) the Commission Chairperson is absent from duty or from Australia or is, for any reason unable to perform the duties of the office; and

(b) either of the following circumstances exists:

            (1) there is a vacancy in the office of Deputy Chairperson of the Commission, whether or not a person has previously been elected as Deputy Chairperson;

            (2) the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of Deputy Chairperson;

the alternate of the Deputy Chairperson is to act as the Commission Chairperson.

      (1B) If the alternate of the Deputy Chairperson of the Commission is not acting as the Commission Chairperson under subsection (1 A) and either of the following circumstances exists:

  (a) there is a vacancy in the office of Deputy Chairperson;

          (b) the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of Deputy Chairperson;

the alternate of the Deputy Chairperson is to act as the Deputy Chairperson.

      (1C) Anything done by or in relation to a person purporting to act under subsection (1), (1A) or (1B) is not invalid merely because the occasion to act had not arisen or had ceased.

17 After subsection 36(2)

  Insert:

       (2A) A person appointed to act as the Deputy Chairperson of the Commission may not act if there is an alternate of the Deputy Chairperson.

18 After subsection 36(3)

    Insert:

  (4) The Minister may appoint a person to act in the office of non-elected Commissioner:

          (a) during a vacancy in that office whether or not an appointment has previously been made to the office; or

          (b) during any period, or during all