Document ID: chunk:federal_register_of_legislation:F2017L01205:reg:9
Version: federal_register_of_legislation:F2017L01205
Segment Type: reg
Provision Reference: reg 9
Character Range: 4391–6586

9  Acting appointments

Appointments by the Board
 (1) The Board may, by written instrument, appoint a person to act as a member of the Consultative Council:
 (a) during a vacancy in the office of a member of the Council (other than the Chairperson), whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when any such member:
 (i) is absent from duty or from Australia; or
 (ii) is, for any reason, unable to perform the duties of the office.

Appointments by organisations of officers
 (2) An organisation of officers specified in an item in the table in subsection 7(2) may, by written instrument, appoint a person to act as a member of the Consultative Council:
 (a) during a vacancy in the office of a member representing the organisation on the Council, whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when any such member:
 (i) is absent from duty or from Australia; or
 (ii) is, for any reason, unable to perform the duties of the office.

Appointments by the Consultative Council
 (3) The Consultative Council may, by written instrument, appoint a person to act as a member of the Council:
 (a) during a vacancy in the office of a member of the Council appointed under subsection 7(3), whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when any such member:
 (i) is absent from duty or from Australia; or
 (ii) is, for any reason, unable to perform the duties of the office.
 (4) If subsection (3) applies, a person is not eligible for appointment to act as that member unless the person is recommended by the registered organisations who are entitled to make a nomination under subsection 7(3).
Note 1: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
Note 2: The performance of the Consultative Council's functions or the exercise of its powers is not affected merely because of a vacancy in its membership (see subsection 33(2B) of the Acts Interpretation Act 1901).

Part 3—Functions of the Consultative Council