Commonwealth Numbered Acts

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY ACT 1998No. 50, 1998 - SECT 33

(1) The Treasurer may appoint a person to act as an ordinary member:

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

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

(2) The Governor of the Reserve Bank may appoint a person to act as a Reserve Bank representative member:

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

(b) during any period, or during all periods, when a Reserve Bank representative member is absent from duty or from Australia, or is for any reason unable to perform the duties of the office.

(3) The Chairperson of ASIC may appoint a person to act as an ASIC representative member:

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

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

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

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

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

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

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

Note: For further information about acting appointments, see section 33A of the Acts Interpretation Act 1901 .

(5) A person is not eligible to be appointed to act in an office under this section unless the person would be eligible to be appointed to that office under section 19.