Commonwealth Consolidated Acts

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION ACT 1987 - SECT 17

             (1)  At any time when there is a vacancy in the office of Chairperson (whether or not an appointment has previously been made to the office) or the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of Chairperson, the Deputy Chairperson or a person acting as Deputy Chairperson under subsection (2) shall act as Chairperson.

             (2)  The Minister may appoint a member to act as Deputy Chairperson:

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

                     (b)  during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any other reason (including the reason that the Deputy Chairperson is acting as Chairperson) unable to perform the duties of the office of Deputy Chairperson;

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

             (3)  While a person is acting in an office under this section, the person may exercise all the powers, and shall perform all the functions, of the holder of the office.

             (4)  An appointment of a person under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

             (5)  The Minister may:

                     (a)  determine the terms and conditions, including remuneration and allowances, if any, on which a person is to act under this section; and

                     (b)  terminate an appointment under this section at any time.

             (6)  Where a person is acting in the office of Deputy Chairperson under paragraph (2)(b) and the office becomes vacant while the person is so acting, then, subject to subsection (4), the 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 occurs.

             (7)  The appointment of a person under this section ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.

             (8)  The validity of anything done by or in relation to a person purporting to act in an office under this section shall not be called in question on the ground that:

                     (a)  in the case of a person purporting to act under subsection (1)--the occasion for the person to act had not arisen or had ceased; or

                     (b)  in the case of a person purporting to act pursuant to an appointment under subsection (2)--the occasion for the appointment had not arisen, there was a defect or irregularity in or in connection with the appointment, the appointment had ceased to have effect or the occasion for the person to act had not arisen or had ceased.