Document ID: chunk:federal_register_of_legislation:C2005A00142:clause:1_188fl
Version: federal_register_of_legislation:C2005A00142
Segment Type: clause
Provision Reference: sch 1 cl 188FL
Character Range: 29234–30501

188FL  Acting appointments

 (1) The Minister may appoint a person to act as the Registrar of Military Justice:
 (a) during a vacancy in the office, whether or not an appointment has previously been made to that office; or
 (b) during any period, or during all periods, when the Registrar of Military Justice is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of his or her office.

 (2) Anything done by or in relation to a person purporting to act under this section 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.

 (3) The Minister must not appoint a person to act as the Registrar of Military Justice unless:
 (a) the person is enrolled as a legal practitioner and has been so enrolled for not less than 5 years; and
 (b) the person is a member of the Permanent Navy, the Regular Army or the Permanent Air Force or is a member of the Reserves who is rendering continuous full‑time service; and
 (c) the person holds a rank not lower than lieutenant commander, major or squadron leader.