Document ID: chunk:federal_register_of_legislation:C2024C00291:section:40
Version: federal_register_of_legislation:C2024C00291
Segment Type: section
Provision Reference: s 40
Character Range: 26272–27873

40  Acting appointments
 (1) The Minister may appoint a member to act as the Chair if the Deputy Chair is unable to act as the Chair:
 (a) during a vacancy in the office of the 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 sections 33AB and 33A of the Acts Interpretation Act 1901.
 (2) The Minister may appoint a person to act as a member (other than the Chair):
 (a) during a vacancy in the office of a 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 member (other than 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 sections 33AB and 33A of the Acts Interpretation Act 1901.
 (3) If:
 (a) a member is to act as the Chair; or
 (b) a person is to act as a member (other than the Chair);
for more than 6 months, the Minister must consult with the Ministerial Council before appointing the member or person.
 (4) If:
 (a) a person is to act as a member (other than the Chair); and
 (b) the person is to represent the governments of the States and Territories;
the Minister must consult with the Ministerial Council before appointing the person.

Division 3—Advisory Council procedures