Commonwealth Consolidated Acts

GOVERNOR-GENERAL ACT 1974 - SECT 12

             (1)  The Governor‑General may appoint a person to act as Official Secretary:

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

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

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 Governor‑General may:

                     (a)  determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Official Secretary; and

                     (b)  terminate such an appointment at any time.

             (4)  Where a person is acting as Official Secretary in circumstances referred to in paragraph (1)(b) and the office of Official Secretary becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Governor‑General 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 Official Secretary ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Governor‑General.

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

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