Commonwealth Numbered Acts

HORTICULTURAL RESEARCH AND DEVELOPMENT CORPORATION ACT 1987 No. 166 of 1987 - SECT 40

40. (1) The Corporation may appoint a person (other than a member of the
Corporation) to act as Executive Director:

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

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

(2) An appointment under subsection (1) may be expressed to have effect only
in specified circumstances.

(3) Where:

   (a)  a person is acting under paragraph (1) (b); and

   (b)  the office of Executive Director becomes vacant; then, subject to
        subsection (2) and paragraph (5) (b), the person may continue to act
        until the vacancy is filled.

(4) A person acting as Executive Director has all the powers and duties of the
Executive Director.

(5) The Corporation may:

   (a)  with the written approval of the Minister, determine the terms and
        conditions of appointment, including remuneration and allowances, of a
        person appointed to act as Executive Director; and

   (b)  terminate the appointment at any time.

(6) A person appointed to act as Executive Director may resign the appointment
by writing signed by the person and delivered to the Chairperson of the
Corporation.

(7) Anything done by or in relation to a person purporting to act as
Executive Director is not invalid because:

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

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

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

   (d)  the occasion for the person to act as Executive Director had not
        arisen or had ceased.