Document ID: chunk:federal_register_of_legislation:C2024C00186:section:34
Version: federal_register_of_legislation:C2024C00186
Segment Type: section
Provision Reference: s 34
Character Range: 33189–34917

34  Acting appointment

Appointment to act as Chair
 (1) The Minister may, by written instrument, appoint a Council member to act as the Chair:
 (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that 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 other reason, unable to perform the duties of the office.

Appointment to act as member other than Chair
 (2) The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):
 (a) during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or
 (b) during any period, or during all periods, when a Council member (other than the Chair):
 (i) is absent from duty or from Australia; or
 (ii) is, for any other reason, unable to perform the duties of the office.
Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.
 (3) If:
 (a) paragraph (2)(a) applies; and
 (b) the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f);
a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).
 (4) If:
 (a) paragraph (2)(b) applies; and
 (b) the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f);
a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).

Division 3—Terms and conditions of appointment