Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:1_208
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 1 cl 208
Character Range: 235974–237628

208  Acting Chairperson

 (1) The Deputy Chairperson is to act as Chairperson:
 (a) during a vacancy in the office of Chairperson (whether or not an appointment has previously been made to the office); and
 (b) during all periods when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
This subsection does not, however, operate to substitute the Deputy Chairperson for the Chairperson as a member of a particular Panel of the Disciplinary Board.

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

 (3) A person appointed under subsection (2) may only act as the Chairperson during a period if:
 (a) there is a vacancy in the office of Deputy Chairperson during that period; or
 (b) the Deputy Chairperson is, for any reason, unable to perform the duties of the office of Chairperson during that period.

 (4) Anything done by, or in relation to, a person purporting to act under subsection (1) or under an appointment under subsection (2) 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.