Document ID: chunk:federal_register_of_legislation:C2024C00279:section:22
Version: federal_register_of_legislation:C2024C00279
Segment Type: section
Provision Reference: s 22
Character Range: 18087–20605

22  Acting appointments
 (1) The Deputy Chair is to act as the Chair:
 (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that 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 duties of that office.
Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
 (2) If there is no Deputy Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Chair:
 (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to that 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 duties of that office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
 (3) If there is no Deputy Chair, or the Deputy Chair is acting as the Chair, the Minister may, on the nomination of the Ministerial Council, appoint an ordinary member to act as the Deputy Chair:
 (a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to that 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 duties of that office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
 (4) The Minister may, on the nomination of the Ministerial Council, appoint a person to act in the office of an ordinary member:
 (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when the member is absent from Australia or is, for any reason, unable to perform the duties of that office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
 (5) An appointment under subsection (2), (3) or (4) is to be in writing.
 (6) A nomination for the purposes of subsection (2), (3) or (4) is to be made by resolution of the Ministerial Council carried in accordance with the Agreement.
 (7) A person acting under this section during a vacancy is not to continue to act for more than 12 months.

Part 4—Operations of Commission

Division 1—Corporate plans