Document ID: chunk:federal_register_of_legislation:C2004A03550:body:0:p8
Version: federal_register_of_legislation:C2004A03550
Segment Type: other
Provision Reference: 
Character Range: 16974–19860

particular office, then, except so far as the Act otherwise provides, the following paragraphs apply in relation to an appointment made under the provision:
     (a) the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment;
     (b) the appointer may:
         (i) determine the terms and conditions of the appointment, including remuneration and allowances; and
         (ii) terminate the appointment at any time;
     (c) where the appointee is acting in an office other than a vacant office and the office becomes vacant while the appointee is acting, then, subject to paragraph (a), the appointee may continue so to act until:
         (i) the appointer otherwise directs;
         (ii) the vacancy is filled; or
         (iii) a period of 12 months from the day of the vacancy ends;
     whichever happens first;
     (d) the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer;
     (e) while the appointee is acting in the office:
         (i) the appointee has and may exercise all the powers, and shall perform all the functions and duties, of the holder of the office; and
         (ii) the Act applies in relation to the appointee as if the appointee were the holder of the office.".

After section 34aa:
Insert the following section:

Effect of delegation
"34ab. Where an Act confers power on a person or body (in this section called the 'authority') to delegate a function or power:
     (a) the delegation may be made either generally or as otherwise provided by the instrument of delegation;
     (b) the powers that may be delegated do not include that power to delegate;

SCHEDULE 1—continued
     (c) a function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;
     (d) a delegation by the authority does not prevent the performance or exercise of a function or power by the authority; and
     (e) if the authority is not a person, section 34a applies as if it were.".

After section 46:
Insert the following section:

Disallowable instruments
"46a. (1) Where a provision (in this subsection called the 'enabling provision') of a law confers power to make an instrument (however described) and expressly provides that the instrument is a disallowable instrument for the purposes of this section, then, except so far as the law otherwise provides:
     (a) sections 48, 49 and 50 apply in relation to the instrument as if:
         (i) references to regulations were references to the instrument;
         (ii) references to a regulation were references to a provision of the instrument;
         (iii) references to repeal were references to revocation; and
         (iv) where the enabling provision is a provision of regulations— references