Document ID: chunk:federal_register_of_legislation:F2024N01090:reg:5
Version: federal_register_of_legislation:F2024N01090
Segment Type: reg
Provision Reference: reg 5
Character Range: 2117–3697

5  Standing acting arrangements for the Chairperson
 (1) Under subsection 11(2) of the Act, during all periods when the Chairperson is absent from duty or from Australia, the person determined in accordance with subsections (2) to (4) is appointed to act as Chairperson.
 (2) For the purposes of this instrument, the senior available appointee at a particular time is a person who, at that time, satisfies all of the following:
 (a) is a member of the Commission;
 (b) is not absent from duty or from Australia;
 (c) has not, during a vacancy in the office of Chairperson or absence of the Chairperson, continued to act as Chairperson for a period of more than 12 months;
 (c) has advised that they are available to act as Chairperson;
 (d) is highest in the following list:
 (i) Mick Keogh;
 (ii) Catriona Lowe;
 (iii) Anna Brakey;
 (iv) Peter Crone;
 (v) Liza Carver;
 (vi) Philip Williams.
 (3) The senior available appointee at the start of a period when Chairperson is absent from duty or from Australia, is to act as Chairperson during that period.
 (4) However, if a person who is acting as Chairperson during a period (under subsection (3) or a previous application of this subsection) ceases at a particular time to be the senior available appointee, the senior available appointee at that time is to act as Chairperson during the remainder of that period.
 (5) Under subsection 33A(1) of the Acts Interpretation Act 1901, each appointment under subsection (1) is determined to be on the same terms and conditions that apply to the Chairperson under section 9 of the Act.