Commonwealth Consolidated Acts

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 - SECT 29J

             (1)  The Minister may appoint a person to act as Presiding Member:

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

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

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

             (2)  An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

             (3)  The Minister may determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as the Presiding Member.

             (4)  The Minister may terminate an appointment made under subsection (1) at any time.

             (5)  Where a person is acting as Presiding Member in accordance with paragraph (1)(b) and the office of Presiding Member becomes vacant while the person is so acting, then, subject to subsection (2), the person may continue to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.

             (6)  The appointment of a person to act as Presiding Member ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.

             (7)  While a person is acting as Presiding Member, the person has and may exercise all the powers, and shall perform all the functions, of the Presiding Member under this Act.

             (8)  Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the ground that:

                     (a)  the occasion for the person's appointment had not arisen;

                     (b)  there is a defect or irregularity in connection with the person's appointment;

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

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