Document ID: chunk:federal_register_of_legislation:C2004A04382:body:0:p5
Version: federal_register_of_legislation:C2004A04382
Segment Type: other
Provision Reference: 
Character Range: 10430–13140

a record of any evidence taken in the proceeding.

Acting appointments

"61CO.(l) The Minister may appoint a person to act as a full-time member of a Conscientious Objection Tribunal during any period, or during all periods, when the member is absent from duty or from Australia or is, for any reason, unable to perform the duties of the member's office.

"(2) The Minister may appoint a person to act as a part-time member of a Tribunal during any period, or during all periods, when the member is, for any reason, unable to perform the duties of the member's office.

"(3) Where a person has been appointed under subsection (1) or (2), the Minister may direct that the person is to continue to act in the appointment after the normal terminating event occurs.

"(4) A direction under subsection (3) must specify the period during which the person may continue to act in the appointment.

"(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 determination or other special circumstances justifying the giving of the direction; and

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

"(7) A person continuing to act under a direction under subsection (3) must not continue to act for more than 12 months after the normal terminating event occurs.

"(8) If a Tribunal includes a person acting or purporting to act under an appointment under this section, any decision of, or any direction given or any other act done by, the Tribunal 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) Anything done by or in relation to a person 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.

"(10) For the purposes of this section, the normal terminating event for an appointment under subsection (1) or (2) is:

    (a)     if the appointment is made under subsection (1)—the member ceasing to be absent or ceasing to be unable to perform the duties of the member's office; or

    (b)     if the appointment is made under subsection