Document ID: chunk:federal_register_of_legislation:C2021C00039:section:13
Version: federal_register_of_legislation:C2021C00039
Segment Type: section
Provision Reference: s 13
Character Range: 11167–13318

13  Acting members
 (1) Where:
 (a) the Governor‑General suspends the Chairperson from office;
 (b) if the Chairperson is a full‑time member—the Chairperson is, or is expected to be, absent from duty or from Australia; or
 (c) if the Chairperson is a part‑time member—the Chairperson is, or is expected to be, unable (whether on account of illness or otherwise) to perform the duties of the Chairperson's office;
the Minister may appoint one of the other members to act as Chairperson on such terms and conditions as the Minister determines, and may also appoint another person to be an acting member, during the suspension, absence or inability, as the case requires.
 (1A) An acting Chairperson may be appointed as an acting full‑time Chairperson or as an acting part‑time Chairperson.
 (2) Where:
 (a) the Governor‑General suspends a member other than the Chairperson from office;
 (b) a full‑time member other than the Chairperson is, or is expected to be, absent from duty or from Australia; or
 (c) a part‑time member is, or is expected to be, unable (whether on account of illness or otherwise) to perform the functions of the part‑time member's office;
the Minister may appoint a person to be an acting member during the suspension, absence or inability, as the case requires.
 (3) An acting member may be appointed as an acting full‑time member or as an acting part‑time member.
 (4) An acting member has all the powers, and shall perform all the duties, of a member.
 (5) The Minister may, at any time, terminate an appointment under this section.
 (6) A person appointed an acting member under subsection (1) or (2) holds office on such terms and conditions as the Minister determines.
 (7) Sections 10 and 11 apply in relation to an acting member appointed under this section in like manner as they apply in relation to a member.
 (8) The validity of an act done by the Commission shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment under this section had ceased to have effect.