Document ID: chunk:federal_register_of_legislation:C2025C00176:section:110yc
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 110YC
Character Range: 315313–317152

110YC  Acting appointments

Appointment of acting Chair
 (1) The Minister may, in writing, appoint a Tribunal 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 the 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 reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

Appointment of other acting Tribunal members
 (2) The Chair may, in writing, appoint a person to act as a Tribunal member (other than the Chair):
 (a) during a vacancy in an office of Tribunal member (other than the Chair), whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when a Tribunal member (other than the Chair):
 (i) is acting as the Chair; or
 (ii) is absent from duty or from Australia; or
 (iii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
 (3) In appointing a person to act as a Tribunal member, the Chair must have regard to the desirability of:
 (a) reflecting a diversity of expertise, experience and gender among the Tribunal members; and
 (b) the Tribunal members being independent of those who usually make reviewable decisions.

Determining whether there is a vacancy in an office of Tribunal member
 (5) For the purpose of:
 (a) a reference in this section to a vacancy in an office of Tribunal member; or
 (b) a reference in the Acts Interpretation Act 1901 to a vacancy in the membership of a body;
there are taken to be 10 offices of Tribunal members in addition to the Chair.