ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 36 Acting appointments

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 36

36. (1) The Deputy Chairperson of the Commission shall act as the Commission
Chairperson:

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

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

(2) The Minister may appoint a Commissioner to act as the Deputy Chairperson
of the Commission:

   (a)  during a vacancy in the office of Deputy Chairperson, whether or not a
        person has previously been elected as Deputy Chairperson; or

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

(3) The appointment of a person to act during a vacancy in the office of
Deputy Chairperson of the Commission has effect until the next meeting of the
Commission.

(4) The Minister may appoint a person to act in the office of a non-elected
Commissioner (other than the Commission Chairperson):

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

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

(5) A person appointed to act during a vacancy in the office of a
non-elected Commissioner under subsection (4):

   (a)  shall not continue so to act for more than 6 months; and

   (b)  shall not be re-appointed to act during that vacancy for a period that
        would be continuous with the period of 6 months from the day when the
        person first started acting during that vacancy.

(6) The Minister may appoint a person to act in the office of an elected
Commissioner during any period, or during all periods, when the elected
Commissioner is absent from duty or from Australia or is, for any reason,
unable to perform the duties of the office.

(7) The Minister shall not appoint a person to act in the office of a
Commissioner unless, having regard to section 31, the person is qualified to
be appointed as a Commissioner.

(8) The appointment of a person to act in the office of a Commissioner who is
also the Deputy Chairperson of the Commission does not constitute an
appointment of the person to act as the Deputy Chairperson.

(9) Anything done by or in relation to a person purporting to act pursuant to
an appointment made under this section is not invalid merely because:

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

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

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

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