FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 647 Appointment of acting President

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 647

Appointment by Governor‑General

             (1)  The Governor‑General may, by written instrument, appoint a person who is qualified for appointment as the President to act as the President:

                     (a)  during a vacancy in the office of the 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 reason, unable to perform the duties of the office.

Note:          See also section 33A of the Acts Interpretation Act 1901 , which contains extra rules about acting appointments.

No invalidity

             (2)  Anything done by or in relation to a person purporting to act under an appointment 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 for the person to act had not arisen or had ceased.

Not disqualified

             (3)  A person is not disqualified from being appointed to act as the President under subsection (1) merely because the person is over 65.