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INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 17

Acting appointments

             (1)  The Minister may appoint a member or other person to act as Chairperson:

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

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

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

             (2)  Where the number of members referred to in paragraph 9(1)(c) is less than 10, the Minister may appoint a person who is not a member to act as a member, but a person so appointed shall not continue so to act:

                     (a)  if and after the number of those members ceases to be less than 10; or

                     (b)  for longer than 12 months.

             (3)  The Minister may appoint a person who is not a member to act in the place of a member referred to in paragraph 9(1)(c) during any period, or during all periods, when the member is acting as Chairperson, is absent from Australia or is, for any other reason, unable to perform the duties of the office of member, but a person so appointed shall not continue so to act for longer than 12 months.

             (4)  An appointment of a person under subsection (1) or (3) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

             (5)  Where a person is acting as the Chairperson otherwise than because of a vacancy in the office of Chairperson and the office of Chairperson 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 day on which the vacancy occurred expires, whichever occurs first.

             (6)  The Minister may:

                     (a)  determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as the Chairperson or a member; and

                     (b)  terminate such an appointment at any time.

             (7)  A person appointed to act as the Chairperson or another member may resign by writing signed by the person and delivered to the Minister.

             (9)  Anything done by or in relation to a person purporting to act under subsection (1), (2) or (3) is not invalid on the grounds 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.



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