Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p63
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 158340–161048

Minister may direct that, for the purposes specified in the direction, the person is to be taken to continue to act in the office after the normal terminating event occurs.

"(4) A direction under subsection (3) must specify the period during which the person is to be taken to continue to act in the office.

"(5) The period specified under subsection (4) may be specified by reference to the happening of a particular event or the existence of particular circumstances.

  "(6) A direction under subsection (3):

    (a)     is to be given only if there is a pending review or other special circumstances justifying the giving of the direction; and

    (b)     may only be given before the normal terminating event occurs; and

    (c)     has effect according to its terms even if the holder of the office is also performing the duties of the office; and

    (d)     ceases to have effect 12 months after the normal terminating event occurs.

"(7) If the Tribunal is constituted for the purposes of a review by a person acting or purporting to act under this section, any decision of, or any direction given or other acts done by, the Tribunal as so constituted is not invalid merely because:

   (a)     the occasion for the appointment had not arisen; or

     (b)     there was a defect or irregularity in connection with the appointment; or

   (c)     the appointment had ceased to have effect; or

   (d)     the occasion to act had not arisen or had ceased.

"(8) Anything done by or in relation to a person acting or purporting to act under an appointment under this section is not invalid merely because:

   (a)     the occasion for the appointment had not arisen; or

     (b)     there was a defect or irregularity in connection with the appointment; or

   (c)     the appointment had ceased to have effect; or

   (d)     the occasion to act had not arisen or had ceased.

  "(9) In this section:

'normal terminating event', in relation to an appointment to act in an office, means:

     (a)     if the appointment is made under paragraph (1)(a)—the filling of the vacancy in the office; or

     (b)     if the appointment is made under paragraph (1)(b)—the holder of the office ceasing to be absent or ceasing to be unable to perform the duties of the office.

Delegation

"166JM. The Principal Member may, by writing signed by him or her, delegate to a member all or any of the Principal Member's powers under this Act other than the power under section 166HA to refer decisions to the AAT.

"Division 10—Registry and officers

Registry

"166K. The Minister is to cause a Registry of the Tribunal to be established.

Officers of Tribunal

"166KA.(1) There is to be a Registrar of the