Document ID: chunk:federal_register_of_legislation:C2004A03321:body:0:p9
Version: federal_register_of_legislation:C2004A03321
Segment Type: other
Provision Reference: 
Character Range: 20811–23471

34a;";
     (d) by omitting from paragraph (2) (b) "Chairman of the Trust" and substituting "principal member";
     (e) by omitting from sub-paragraph (2) (b) (i) "his" and substituting "the member's";
     (f) by omitting from sub-paragraph (2) (c) (i) "he" and substituting "the member";
     (g) by omitting from sub-paragraph (2) (c) (ii) "either an eligible employee or a pensioner" and substituting "an eligible employee"; and
     (h) by omitting sub-sections (3), (4) and (5).

16. Section 36 of the Principal Act is repealed and the following section is substituted:

Acting appointments
"36. (1) The Minister may appoint a person to act as principal member—
     (a) during a vacancy in the office of principal member; or
     (b) during any period, or during all periods, when the principal member is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of principal member.
"(2) The Minister may appoint a person to act as a part-time member of the Trust—

     (a) during a vacancy in the office of a part-time member of the Trust; or
     (b) during any period, or during all periods, when a part-time member of the Trust is acting as principal member, is absent from Australia or is, for any reason, unable to perform the duties of that office.
"(3) The Minister shall not appoint a person to act as the part-time member referred to in paragraph 30 (1) (b) unless—
     (a) the person is an eligible employee; and
     (b) the Minister has consulted such relevant industrial organizations in relation to the appointment as the Minister considers appropriate.
"(4) An appointment under sub-section (1) or (2) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
"(5) A person appointed under sub-section (1) or (2) to act during a vacancy in an office shall not continue so to act for more than 12 months.
"(6) Where a person is acting in an office pursuant to an appointment under sub-section (1) or (2) otherwise than by reason of a vacancy in the office and the office becomes vacant while the person is so acting, then, subject to sub-section (4), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurs expires, whichever first occurs.
"(7) While a person is acting as principal member or as a part-time member of the Trust, the person has and may exercise all the powers, and shall perform all the duties, of the principal member or the part-time member of the Trust, as the case may be.
"(8) The Minister may—
     (a) determine