Document ID: chunk:federal_register_of_legislation:C2004A02756:body:0:p28
Version: federal_register_of_legislation:C2004A02756
Segment Type: other
Provision Reference: 
Character Range: 104643–107532

a person appointed to act during a vacancy shall not continue so to act for more than 12 months.".
      New sub-section 32 (5a)—
       After sub-section 32 (5), insert the following sub-section:
       "(5a) An appointment under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.".
      Paragraph 32 (6) (a)—
       After "appointment", insert ", including remuneration and allowances,".
      Sub-sections 32 (7) and (8)—
       Omit the sub-sections, substitute the following sub-sections:
       "(7) Where a person is acting as Managing Director in accordance with paragraph (1) (b), or as a part-time Commissioner in accordance with paragraph (4) (b), and the office of Managing Director or that part-time Commissioner, as the case may be, becomes vacant while that person is so acting, then, subject to sub-section (5a), that 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 occurred expires, whichever first happens.
       "(8) The appointment of a person under this section ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.

SCHEDULE 1—continued
Acts  Amendments
       "(9) While a person is acting as Managing Director or as a part-time Commissioner under this section, he has and may exercise all the powers, and shall perform all the functions, of the Managing Director or that part-time Commissioner, as the case may be.
       "(10) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.".
      Sub-sections 39 (1) and (2)—
       Omit the sub-sections, substitute the following sub-sections:
       "(1) The Minister may appoint a person to act as Chief General Manager—
          (a) during a vacancy in the office of Chief General Manager; or
          (b) during any period, or during all periods, when the Chief General Manager—
            (i) is acting as Managing Director;
            (ii) is absent from duty or from Australia; or
            (iii) is, for any other reason, unable to perform the functions of his office,
       but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
       "(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.".
      Paragraph 39 (3) (a)—
       After "appointment", insert ", including remuneration and allowances,".