Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 106A

President may appoint acting Registrar

             (1)  The President may appoint a person to act as the Registrar:

                     (a)  if there is a vacancy in the office of Registrar; or

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

A person appointed to act during a vacancy is not to continue so to act for more than 12 months.

Qualifications

             (2)  A person is not to be appointed to act as Registrar unless:

                     (a)  the person is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and

                     (b)  the person has substantial experience in relation to:

                              (i)  Aboriginal or Torres Strait Islander societies; or

                             (ii)  the law; or

                            (iii)  administration; or

                            (iv)  any other activities relevant to the duties of the Registrar.

Validation

             (3)  Anything done by a person purporting to act under an appointment under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in, or in connection with, the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

Note:          Section 33A of the Acts Interpretation Act 1901 has additional rules that apply to acting appointments.