Document ID: chunk:federal_register_of_legislation:C2024C00866:section:161:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 161 (pt 1/2)
Character Range: 1698001–1700522

161  Acting members
 (1) The Minister may appoint a person to act as a member:
 (a) during any period, or during all periods, when a member, being a full‑time member, is absent from duty or from Australia or is, for any reason, unable to perform the functions of his or her office; or
 (b) during any period, or during all periods, when a member, being a part‑time member, is, for any reason, unavailable to perform the duties of his or her office; or
 (c) during any period, or during all periods, when there is a vacancy in an office of a member.
 (2) The Minister may:
 (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as a member in pursuance of an appointment under subsection (1); and
 (b) at any time terminate such an appointment.
 (3) Where a person is acting as a member in accordance with paragraph (1)(a) or (b) and the office of that member becomes vacant while the person is so acting, that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
 (4) Where a person has been appointed under subsection (1) to act in the place of a member (in this subsection referred to as the absent member) who is absent or unavailable, the Minister may, by reason of a pending review or other special circumstances, direct, before the absent member ceases to be absent or unavailable, that the person so appointed shall continue to act in the appointment after the absent member ceases to be absent or unavailable, until the person so appointed resigns the appointment or the Minister terminates the appointment, but a person shall not continue to act by virtue of this subsection for more than 12 months after the absent member ceases to be absent or unavailable.
 (5) A person acting in the place of the Principal Member, a Senior Member or another member has all the powers, and shall perform all the functions and duties, conferred or imposed by this Part on the Principal Member, Senior Member or other member, as the case may be.
 (6) Where the Board as constituted for the purpose of a review includes a person acting, or purporting to be appointed to act, as a member under this section, or a person so acting, or purporting to be appointed so to act, has done any act, the validity of any decision of, or any direction given or other act done by, the Board as so constituted or of the act done by the person so