Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a provision of an Act (other than subsection 33(4) of this Act) confers on a person or body (in this section called the appointer ) a power to appoint a person (in this section called the appointee ) to act in a particular office, then, except so far as the Act otherwise provides, the following paragraphs apply in relation to an appointment made under the provision:
(a) the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment;
(b) the appointer may:
(i) determine the terms and conditions of the appointment, including remuneration and allowances; and
(ii) terminate the appointment at any time;
(ba) where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months;
(c) where the appointee is acting in an office other than a vacant office and the office becomes vacant while the appointee is acting, then, subject to paragraph (a), the appointee may continue so to act until:
(i) the appointer otherwise directs;
(ii) the vacancy is filled; or
(iii) a period of 12 months from the day of the vacancy ends;
whichever happens first;
(d) the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer;
(e) while the appointee is acting in the office:
(i) the appointee has and may exercise all the powers, and shall perform all the functions and duties, of the holder of the office; and
(ii) that or any other Act applies in relation to the appointee as if the appointee were the holder of the office.
(2) In this section:
"office" includes a position occupied by an APS employee.
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