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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 648 Appointment of acting Deputy Presidents

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 648

Appointment of acting Deputy Presidents

Appointment by Governor‑General

             (1)  The Governor‑General may, by written instrument, appoint a person who is qualified for appointment as a Deputy President to act as a Deputy President for a specified period (including a period that exceeds 12 months).

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

             (2)  Before the Governor‑General appoints a person to act as a Deputy President, the Minister must be satisfied that the appointment is necessary to enable FWA to perform its functions effectively.

No invalidity

             (3)  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

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