Document ID: chunk:federal_register_of_legislation:C2004A01127:clause:1_19
Version: federal_register_of_legislation:C2004A01127
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 11527–13936

19  Acting appointments

 (1) The Minister may:
 (a) appoint a person to act as a full‑time APRA member during any period when there are fewer than 5 persons who are APRA members; or
 (b) appoint a person to act as a part‑time APRA member during any period when:
 (i) there are fewer than 5 persons who are APRA members; and
 (ii) there are at least 3 persons who are full‑time APRA members; or
 (c) appoint a person to act in the place of a full‑time APRA member or part‑time APRA member during any period when the APRA member:
 (i) is acting as Deputy Chair in accordance with subsection (3); or
 (ii) is absent from duty or from Australia or is, for any reason, unable to perform the functions of his or her office.

 (2) The Minister may appoint an APRA member to act as Chair:
 (a) during a vacancy in the office of 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 is absent from duty or from Australia, or is, for any reason, unable to perform the functions of his or her office.

 (3) The Minister may appoint an APRA member to act as Deputy Chair:
 (a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when the Deputy Chair is absent from duty or from Australia, or is, for any reason, unable to perform the functions of his or her office; or
 (c) during any period, or during all periods, when the Deputy Chair is acting as Chair.

 (4) A person appointed under paragraph (1)(a), (1)(b), (2)(a) or (3)(a) must not continue to act under the appointment for more than 12 months.

 (5) Anything done by or in relation to a person purporting to act under an appointment 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.

Note: For further information about acting appointments, see section 33A of the Acts Interpretation Act 1901.

 (6) A person is not eligible to be appointed to act in an office under this section if section 17 would prevent the person from being appointed as an APRA member.

Division 2—Terms and conditions for APRA members