Commonwealth Consolidated Acts

NATIONAL LIBRARY ACT 1960 - SECT 11

(1)

The Minister may appoint a person to act as a member appointed by the Governor-General:

(a)

during a vacancy in the office of such a member; or

(b)

during any period, or during all periods, when such a member 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 under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(3)

The Minister may:

(a)

determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and

(b)

terminate such an appointment at any time.

(4)

Where a person is acting as a member appointed by the Governor-General in accordance with paragraph (1)(b) and the office of that member becomes vacant while that person is so acting, then, subject to subsection (2), that 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 first happens.

(5)

A person appointed to act under this section may resign his or her appointment by writing signed by the person and delivered to the Minister.

(6)

Where a person is acting as a member appointed by the Governor-General, that person has and may exercise all the powers, and shall perform all the functions, of that member.

(7)

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, or 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.