Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p12
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 28856–31455

arisen or had ceased.".

Constitution of Board where vacancies exist
11. Section 13a of the Principal Act is amended—
     (a) by omitting paragraph (1) (b) and substituting the following paragraph:
        "(b) where a vacancy in the office of a member of the Board remains unfilled, the Board shall, for the purposes of this Act, be

       deemed to be constituted by the remaining members or member and by the person (if any) acting as a member of the Board during the vacancy."; and
     (b) by omitting sub-sections (2), (3) and (4) and substituting the following sub-section:
       "(4) In the event of the Board being constituted by one member, that member shall have all the powers and functions of the Chairman of the Board under this Act.".

Delegation by Board
12. (1) Section 16 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "or to an officer or employee" and substituting ", to an officer or employee or to a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister all or";
     (b) by omitting from sub-section (3) "Permanent Head" and substituting "relevant Permanent Head"; and
     (c) by omitting sub-section (4) and substituting the following sub-section:
"(4) In this section, a reference to the Chairman of the Board shall, if a person is acting as the Chairman of the Board, be read as a reference to that person.".
(2) An instrument of delegation in force under section 16 of the Principal Act immediately before the commencement of this section shall, after the commencement of this section, have effect as if it were an instrument of delegation under section 16 of the Principal Act as amended by sub-section (1).
(3) Any delegation that the Public Service Board purported to make before the commencement of this section of all of its powers and functions under the Public Service Act 1922 or under any other law shall be deemed to have been as valid as it would have been if the reference in sub-section 16 (1) of the Public Service Act 1922 as in force at the time when the purported delegation was made to any of the Board's powers and functions under the Public Service Act 1922 or under any other law had been a reference to all or any of the Board's powers and functions under that Act or under any other law.
(4) The reference in sub-section (2) to an instrument of delegation in force under section 16 of the Principal Act immediately before the commencement of this section includes a reference to such an instrument that is to be taken to have been in force by reason of the operation of