Document ID: chunk:federal_register_of_legislation:C2004A02808:schedule:2:p2
Version: federal_register_of_legislation:C2004A02808
Segment Type: schedule
Provision Reference: sch 2 (pt 2/4)
Character Range: 75973–79527

and shall perform all the functions, of the Managing Director or that part-time Commissioner, as the case may be.
 "(10) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.".
New sub-sections 31 (10) and (11)—
 After sub-section 31 (9), insert the following sub-sections:
 "(10) Where a majority of Commissioners sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be deemed to have been passed at a duly constituted meeting of the Commission held on the day on which the document was signed, or, if the Commissioners sign the document on different days, on the day on which the document was last signed by a Commissioner.
 "(11) For the purposes of sub-section (10), 2 or more separate documents containing statements in identical terms each of which is signed by one or more Commissioners shall together be deemed to constitute one document containing a statement in those terms signed by those Commissioners on the respective days on which they signed the separate documents.".
Sub-sections 36 (1) and (2)—
 Omit the sub-sections, substitute the following sub-sections:
 "(1) The Minister may appoint a person to act as Chief General Manager—
     (a) during a vacancy in the office of Chief General Manager; or
     (b) during any period, or during all periods, when the Chief General Manager—
         (i) is acting as Managing Director;
         (ii) is absent from duty or from Australia; or
         (iii) is, for any other reason, unable to perform the functions of his office.
    but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

SCHEDULE 1—continued
Acts                                                                                                                                                                                                                                                                                                                                                                                                                         Amendments
                                                                                                                                                                                                                                                                                                                                                                                                                              "(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.".
Paragraph 36 (3) (a)—
 After "appointment", insert ", including remuneration and allowances,".
Sub-sections 36 (4), (5) and (6)—
 Omit the sub-sections, substitute the following sub-sections:
 "(4) Where a person is acting as Chief General Manager in accordance with paragraph (1) (b) and the office of Chief General Manager becomes vacant while that person is so acting, then, subject to sub-section (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12