Commonwealth Consolidated Acts

AUSTRALIA COUNCIL ACT 1975 - SECT 28

             (1)  The Minister may appoint a person to act as Chairperson of a Board:

                     (a)  during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Chairperson is absent from duty or from Australia or, for any reason, unable to perform the functions of the office of Chairperson;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

             (2)  The Minister may:

                     (a)  determine the terms and conditions of appointment, including remuneration and allowances, of an Acting Chairperson; and

                     (b)  at any time terminate such an appointment.

             (3)  Where a person is acting as Chairperson in accordance with paragraph (1)(b) and the office of Chairperson becomes vacant while that person is so acting, 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.

             (4)  The appointment of an acting Chairperson ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.

             (5)  At any time when a person is acting as Chairperson of a Board:

                     (a)  the person has, and may exercise, all the powers and shall perform all the functions of the Chairperson;

                     (b)  if the person is not a member of that Board, the person shall be deemed to be a member of that Board for the purposes of subsections 29(4) and (7) and section 31; and

                     (c)  if the Chairperson is a member of the Council by virtue of an appointment under paragraph 9(2)(b)--the person acting as Chairperson shall be deemed to be such a member.

             (7)  The validity of anything done by the Acting Chairperson shall not be called in question on the grounds that the occasion for the person's appointment had not arisen or that the appointment had ceased to have effect.