Commonwealth Numbered Acts

AUSTRALIAN INSTITUTE OF HEALTH ACT 1987 No. 41 of 1987 - SECT 9

9. (1) The Minister may appoint a person to act in the office of Chairperson,
of Director, or of member (other than the Chairperson or Director):

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

   (b)  during any period, or during all periods, when the holder of the
        office is absent from duty or from Australia or is, for any other
        reason, unable to perform the functions of the office; but a person
        appointed to act during a vacancy shall not continue so to act for
        more than 12 months.

(2) A person may resign appointment under this section by instrument in
writing delivered to the Minister.

(3) An appointment may be expressed to have effect only in such circumstances
as are specified in the instrument of appointment.

(4) The Minister may:

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, if any, of a person acting under
        subsection (1); and

   (b)  terminate such an appointment at any time.

(5) Where a person is acting in an office and the office becomes vacant while
that person is so acting, then, subject to subsection (3), the person may
continue so to act until the Minister otherwise directs, the vacancy is filled
or a period of 12 months from the date on which the vacancy occurred expires,
whichever first happens.

(6) While a person is acting in an office, the person has and may exercise all
the powers, and shall perform all the functions and duties, of the holder of
the office.

(7) Anything done by or in relation to a person purporting to act under this
section is not invalid by reason only that:

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

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

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

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