Document ID: chunk:federal_register_of_legislation:C2006A00050:clause:1_42
Version: federal_register_of_legislation:C2006A00050
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 35791–38389

42  Acting appointments

 (1) This section applies to the following offices:
 (a) the CEO;
 (b) the Chair of the Council;
 (c) a member of the Council other than the Chair;
 (d) the Chair of a Principal Committee (including the Chairperson of the Embryo Research Licensing Committee of the NHMRC);
 (e) the Commissioner.

 (2) The Minister may appoint a person to act in an office that this section applies to:
 (a) during a vacancy in the office, whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

 (3) However, the Minister may only appoint a person to act in an office if the person is:
 (a) in the case of the Chair of the Council—a member of the Council; or
 (b) in the case of a member of the Council referred to in paragraph 20(2)(b)—a person having appropriate expertise; or
 (c) in the case of a member of the Council referred to in paragraph 20(2)(c)—a person:
 (i) having appropriate expertise; and
 (ii) nominated by the Minister who has primary responsibility for health in the relevant State or Territory; or
 (d) in the case of a member of the Council referred to in paragraph 20(2)(d), (e), (f) or (g)—a person with the expertise specified in the applicable paragraph; or
 (e) in the case of the Chair of a Principal Committee (other than the Chairperson of the Embryo Research Licensing Committee of the NHMRC):
 (i) a member of the Council; or
 (ii) if the Minister does not consider that any member of the Council has the appropriate expertise to act as Chair of the Principal Committee, and another member of the Principal Committee is a member of the Council—a person having appropriate expertise; or
 (f) in the case of the Chairperson of the Embryo Research Licensing Committee of the NHMRC—a member of the Committee (other than the member mentioned in paragraph 16(1)(a) of the Research Involving Human Embryos Act 2002) with appropriate expertise; or
 (g) in the case of the Commissioner—a person having appropriate expertise.

Note: The Minister may appoint any person to act in the office of the CEO.

 (4) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
 (a) the occasion for the appointment had not arisen; or
 (b) there was a defect or irregularity in connection with the appointment; or
 (c) the appointment had ceased to have effect; or
 (d) the occasion to act had not arisen or had ceased.