Document ID: chunk:federal_register_of_legislation:C2025C00105:section:162
Version: federal_register_of_legislation:C2025C00105
Segment Type: section
Provision Reference: s 162
Character Range: 121575–123816

162  Acting appointments
 (1) The Deputy Chairperson of the Indigenous Business Australia Board shall act as the Indigenous Business Australia Chairperson:
 (a) during a vacancy in the office of Indigenous Business Australia Chairperson, whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when the Indigenous Business Australia Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to persons acting as the Indigenous Business Australia Chairperson, see section 33A of the Acts Interpretation Act 1901.
 (2) The Minister may appoint an Indigenous Business Australia Director to act as the Deputy Chairperson of the Indigenous Business Australia Board:
 (a) during a vacancy in the office of Deputy Chairperson of the Board, whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when the Deputy Chairperson of the Board is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;
but a person appointed to act during a vacancy must not continue so to act for more than 6 months.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
 (3) The Minister may appoint a person to act as an Indigenous Business Australia Director (other than the Chairperson or Deputy Chairperson) of the Indigenous Business Australia Board:
 (a) during a vacancy in an office of Indigenous Business Australia Director, whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when an Indigenous Business Australia Director is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;
but a person appointed to act during a vacancy must not continue so to act for more than 6 months.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
 (4) The Minister shall not appoint a person to act in an office unless, having regard to section 157, the person could be appointed to that office.