Commonwealth Consolidated Acts

AUSTRALIAN INSTITUTE OF ABORIGINAL AND TORRES STRAIT ISLANDER STUDIES ACT 1989 - SECT 18

             (1)  The Deputy Chairperson of the Council shall act as the Council Chairperson:

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

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

             (2)  The Minister may appoint a person to act in the office of an appointed Councillor:

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

                     (b)  during any period, or during all periods, when the appointed Councillor is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

             (3)  A person appointed to act during a vacancy in the office of an appointed Councillor under subsection (2):

                     (a)  shall not continue so to act for more than 6 months; and

                     (b)  shall not be re‑appointed to act during that vacancy for a period that would be continuous with the period of 6 months from the date when the person first started acting during that vacancy.

             (4)  The Minister shall not appoint a person to act in an office of appointed Councillor unless, having regard to section 12, the person could be appointed to that office.

             (5)  The Minister may appoint a member of the Institute to act in the office of an elected Councillor during any period, or during all periods, when the elected Councillor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

             (6)  The appointment of a person to act in the office of a Councillor who is also the Chairperson or Deputy Chairperson of the Council does not constitute an appointment of the person to act as the Chairperson or Deputy Chairperson, as the case may be.

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

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

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

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

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