Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 60

60. (1) The Minister may appoint the holder of a judicial office to act as
President -

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

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

(2) The Minister may appoint the holder of a judicial office to act as a
Deputy President during any period, or during all periods, when a Deputy
President is absent from duty or from Australia or is, for any other reason,
unavailable to perform the duties of his office.

(3) The Minister may appoint a person qualified to be appointed as a member of
the Disciplinary Tribunal (other than the President or a Deputy President) to
act as such a member during any period, or during all periods, when a member
of the Tribunal (other than the President or a Deputy President) is absent
from duty or from Australia or is, for any other reason, unavailable to
perform the duties of his office.

(4) An appointment of a person under sub-section (1), (2) or (3) may be
expressed to have effect only in such circumstances as are specified in the
instrument of appointment.

(5) The Minister may -

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person appointed under sub-section
        (1), (2) or (3); and

   (b)  terminate such an appointment at any time.

(6) Where a person has been appointed under sub-section (1), (2) or (3) during
a period when a member of the Disciplinary Tribunal is absent from duty or
from Australia or is, for any other reason, unavailable to perform the duties
of his office, the Minister may, by reason of a pending proceeding or other
special circumstances, direct, before the member of the Tribunal who is absent
ceases to be so absent or unavailable, that the person so appointed shall
continue to act under the appointment after the member of the Tribunal ceases
to be absent or unavailable and until he resigns the appointment or the
Minister terminates the appointment, but a person shall not continue to act by
virtue of this sub-section for more than 12 months after the member of the
Tribunal ceases to be absent or unavailable.

(7) The appointment of a person to act as a member of the Disciplinary
Tribunal ceases to have effect if he resigns his appointment by writing signed
by him and delivered to the Minister.

(8) While a person is acting as the President, a Deputy President or another
member of the Disciplinary Tribunal he has and may exercise all the powers and
shall perform all the functions, of the President, a Deputy President or
another member of the Tribunal, as the case may be, under this Act.

(9) Where -

   (a)  the Disciplinary Tribunal as constituted for the purposes of a
        proceeding consists of a person acting or purporting to be appointed
        under this section; or

   (b)  a person so acting or purporting to be appointed has done any act, the
        validity of any decision of, or of any direction given or other act
        done by, the person so acting or purporting to be appointed shall not
        be called in question on the ground that -

   (c)  the occasion for the person to act or for the appointment of the
        person has not arisen;

   (d)  there is a defect or irregularity in or in connection with the
        appointment of the person;

   (e)  the occasion for the person to act had ceased; or

   (f)  the appointment had ceased to have effect.