Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 31

31. (1) The Minister may appoint a person to act as a Commissioner -

   (a)  during a vacancy in the office of a Commissioner; or

   (b)  during any period, or during all periods, when a Commissioner is
        acting as Chairman or Deputy Chairman, is absent from Australia or is,
        for any reason, unable to perform the duties of his office.

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

(3) A person appointed under sub-section (1) to act during a vacancy in the
office of a Commissioner shall not continue so to act for more than 12 months.

(4) Where a person is acting as a Commissioner otherwise than by reason of a
vacancy in the office of a Commissioner and the office becomes vacant while
the person is so acting, then, subject to sub-section (2), 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 occurs expires,
whichever first occurs.

(5) While a person is acting as a Commissioner, he has and may exercise all
the powers, and shall perform all the duties, of a Commissioner.

(6) The Minister may -

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person appointed to act as a
        Commissioner; and

   (b)  terminate such an appointment at any time.

(7) A person appointed to act as a Commissioner may resign his appointment by
writing signed by him and delivered to the Minister.

(8) The validity of anything done by or in relation to a person purporting to
act as a Commissioner shall not be called in question on the ground that the
occasion for his appointment had not arisen, that there was a defect or
irregularity in or in connection with his appointment, that the appointment
had ceased to have effect or that the occasion for him to act had not arisen
or had ceased.

(9) A reference in this section to a Commissioner does not include a reference
to the Chairman or Deputy Chairman.