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NATIVE TITLE ACT 1993 - SECT 115A Acting appointments

NATIVE TITLE ACT 1993 - SECT 115A

Acting appointments

President

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

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

  (b)   during any period, or during all periods, when the President:

  (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 .

Deputy President

  (2)   The Commonwealth Minister may, by written instrument, appoint a person to act as a Deputy President:

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

  (b)   during any period, or during all periods, when a Deputy President:

  (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 .

Non - presidential members

  (3)   The Commonwealth Minister may, by written instrument, appoint a person to act as a member other than the President or a Deputy President:

  (a)   during a vacancy in the office of a member other than the President or a Deputy President (whether or not an appointment has previously been made to the office); or

  (b)   during any period, or during all periods, when a member other than the President or a Deputy President:

  (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 .

Qualifications

  (4)   A person must not be appointed to act in an office under this section unless the person may be appointed to that office under section   110.

Terms and conditions

  (5)   A person (other than a Judge or an assessor) appointed to act in an office under this section is to act on such terms and conditions as the Minister determines in writing.