Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p25
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 61069–63627

to act under sub-section (1) shall not be called in question on the ground that—
     (a) the occasion for his appointment had not arisen;
     (b) there is a defect or irregularity in or in connection with his appointment;
     (c) the appointment had ceased to have effect; or
     (d) the occasion for him to act had not arisen or had ceased.

"(8) In this section, 'office of Permanent Head' includes an office referred to in paragraph (a) of the definition of 'office of Permanent Head' in sub-section 7 (1) that is an office to or in relation to which section 9 applies.

Dual appointments of Permanent Heads
"39. (1) A person who at any time holds an office of Permanent Head may be appointed to hold another office of Permanent Head and shall not, by reason only of being so appointed, cease to hold the first-mentioned office.
"(2) Sub-sections 36 (2) to (13), inclusive, do not apply in relation to an appointment to which sub-section (1) of this section applies.
"(3) A person who at any time holds, or holds an appointment to act in, an office of Permanent Head may be appointed to act in another office of Permanent Head and shall not, by reason only of being so appointed, cease to hold, or to hold the appointment to act in, the first-mentioned office.
"(4) If a person who is appointed to hold, or to act in, an office of Permanent Head at a time when he holds, or holds an appointment to act in, another office of Permanent Head ceases for any reason to hold, or to hold the appointment to act in, the first-mentioned office, he thereupon also ceases, by force of this sub-section, to hold, or to hold the appointment to act in, the other office.
"(5) If a person who holds, or holds an appointment to act in, an office of Permanent Head is appointed to hold, or to act in, another office of Permanent Head, he shall not be paid any remuneration, whether by way of salary, annual allowance or otherwise, in respect of his holding, or holding the appointment to act in, the other office.
"(6) This section has effect notwithstanding anything contained in any other section of this Act or in the Remuneration Tribunals Act 1973.
"(7) Nothing in this section shall be construed as excluding the application of sub-section 19b (3) of the Acts Interpretation Act 1901 in relation to any provision of this section.

"Subdivision C—Appointment of Officers other than Permanent Heads

Appointment of officers other than Permanent Heads
"40. (1) Subject to this Part, the Board may appoint a person to a particular office in the Service (not being an