WATER ACT 2007 - SECT 180 Acting Authority members

WATER ACT 2007 - SECT 180

Acting Chief Executive

  (1A)   The Minister may appoint a member of the Authority staff who is an SES employee to act as the Chief Executive:

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

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

  (i)   is absent from duty or Australia; or

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

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

Acting Authority Chair

  (1)   The Minister may appoint an Authority member to act as the Authority Chair:

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

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

  (i)   is absent from duty or Australia; or

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

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

Acting Authority member (other than Chief Executive or Authority Chair)

  (2)   The Minister may appoint an individual to act as an Authority member (other than the Chief Executive or the Authority Chair):

  (a)   during a vacancy in the office of an Authority member (other than the Chief Executive or the Authority Chair), whether or not an appointment has previously been made to the office; or

  (b)   during any period, or during all periods, when an Authority member (other than the Chief Executive or the Authority Chair):

  (i)   is absent from duty or Australia; or

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

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

Eligibility

  (3)   An individual is not eligible for appointment to act as an Authority member (other than the Authority Chair or a standing Indigenous Authority member) unless the individual has a high level of expertise in one or more fields relevant to the Authority's functions.

Note 1:   Fields relevant to the Authority's functions include those set out in subsection   178(3).

Note 2:   An individual is only eligible for appointment to act as the Authority Chair if the individual is already an Authority member (see subsection   (1)). This means either subsection   178(2) or this subsection, or subsection   178(2A) or subsection   (3A) of this section, must already be satisfied in relation to the individual.

Note 3:   An individual appointed to act in a vacant office must not continue to act for more than 12 months (see paragraph   33A(1)(ba) of the Acts Interpretation Act 1901 ).

  (3A)   An individual is not eligible for appointment to act as a standing Indigenous Authority member unless the individual is recognised in the Indigenous community as having a high level of expertise in Indigenous matters relevant to Basin water resources.

  (4)   An individual is not eligible for appointment to act as an Authority member (other than the Authority Chair) if the individual is a member of the governing body of a relevant interest group.

Note:   For when an individual is a member of the governing body of a relevant interest group, see subsection   178(4).