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GOVERNANCE OF AUSTRALIAN GOVERNMENT SUPERANNUATION SCHEMES ACT 2011 - SECT 18 Acting appointments

GOVERNANCE OF AUSTRALIAN GOVERNMENT SUPERANNUATION SCHEMES ACT 2011 - SECT 18

Acting appointments

  (1)   The Minister may, by written instrument, appoint a person to act as a 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:

  (i)   is absent from duty or from Australia; or

  (ii)   is, for any reason, unable to perform the duties of the office.

Note:   For rules that apply to acting appointments, see sections   33AB and 33A of the Acts Interpretation Act 1901 .

  (2)   A person is not eligible for appointment to act as a director if the person's appointment would result in a contravention of a SIS fitness and propriety standard.

  (3)   In the case of an appointment under subsection   ( 1), the Minister must consult the Defence Minister before appointing a person to act as a director.

  (4)   The Minister must consult the Board about the person whom the Minister proposes to appoint to act as the Chair.

  (5)   If:

  (a)   a director is appointed following a nomination made by the President of the Australian Council of Trade Unions; and

  (b)   a nomination is made by the President for a person to act in place of that director;

the Minister must:

  (c)   appoint the person who has been nominated to act as a director; and

  (d)   appoint the person for the period specified in the nomination.

  (6)   If:

  (a)   a director is appointed following a nomination made by the Chief of the Defence Force; and

  (b)   a nomination is made by the Chief for a person to act in place of that director;

the Minister must:

  (c)   appoint the person who has been nominated to act as a director; and

  (d)   appoint the person for the period specified in the nomination.