Commonwealth Consolidated Acts

AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 26

(1)

The Minister may appoint a person to act in the place of the Director:

(a)

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

(b)

during any period, or during all periods, when the Director is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of his or her office;

but a person appointed to act during a vacancy shall not continue so 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:

(a)

subject to this Act, determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Director; and

(b)

terminate such an appointment at any time.

(4)

Where a person is acting as Director in accordance with paragraph (1)(b) and the office of Director 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.

(5)

The appointment of a person to act as Director ceases to have effect if he or she resigns his or her appointment by writing signed by him or her and delivered to the Minister.

(6)

While a person is acting as Director, he or she has and may exercise all the powers, and shall perform all the functions, of the Director under this Act.

(7)

The appointment of a person under subsection (1) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in or in connection with his or her appointment.

(8)

The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there is a defect or irregularity in or in connection with his or her appointment, that the appointment had ceased to have effect or that the occasion for him or her to act had not arisen or had ceased.