Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION (BUDGET MEASURES AND ASSETS TEST) ACT 1984 No. 93, 1984 - SECT 18

18. Section 8B of the Principal Act is amended-

   (a)  by omitting sub-section (2) and substituting the following
        sub-sections:



"(2) Where one person occupies both offices to which this section relates,
section 39 of the Public Service Act 1922 does not apply in relation to the
office referred to in paragraph (1) (b) and the Governor-General may appoint,
in writing, a member of the Commission to act in the place of that person as
the holder of each of those offices during a period, or during all periods,
when that person is absent from duty or from Australia or is, for any other
reason, unable to perform the functions of those offices.



"(2A) The Governor-General may appoint, in writing, a member of the Commission
to act as the holder of each of the offices to which this section relates
during a period, or during all periods, when each of those offices is vacant.



"(2B) While a member of the Commission is acting in the offices to which this
section relates, the member has and may exercise all the powers, and shall
perform all the functions, of the holder of each of those offices.";

   (b)  by omitting from sub-section (3) "appointed under sub-section (2)" and
        substituting "acting in accordance with this section";

   (c)  by omitting from sub-section (4) "appointed under sub-section (2)" and
        substituting "acting in accordance with this section";

   (d)  by omitting from paragraph (4) (a) "a person appointed to act as" and
        substituting "acting";

   (e)  by omitting from paragraph (4) (b) "a person appointed to act as" and
        substituting "acting";

   (f)  by omitting from sub-section (5) "sub-section (2)" and substituting
        "sub-section (2A)";

   (g)  by omitting from sub-section (5) "6 months" and substituting "12
        months"; and

   (h)  by omitting sub-sections (6), (7), (8) and (9) and substituting the
        following sub-sections:



"(6) The Governor-General may, at any time, by writing, terminate an
appointment made under this section.



"(7) The validity of anything done by or in relation to a person purporting to
act pursuant to an appointment under this section shall not be called in
question on the ground that-

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

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

   (c)  the appointment (not being an appointment to a vacant office) had
        ceased to have effect; or

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