Commonwealth Numbered Acts

TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT 16

16. (1) The Minister may appoint a Commissioner or other person to act as the
Chairman during a period, or during all periods, when-

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

   (b)  the Chairman is absent from duty or from Australia or, for any other
        reason, is unable to perform the functions of his office.

(2) The Minister may appoint a part-time Commissioner or other person to act
as a full-time Commissioner in the place of a Commissioner referred to in
paragraph 10 (1) (b), (c) or (d) during a period, or during all periods, when-

   (a)  there is a vacancy in the office of that Commissioner, whether or not
        an appointment has previously been made to that office; or

   (b)  that Commissioner is acting as Chairman, is absent from duty or from
        Australia or, for any other reason, is unable to perform the duties of
        his office.

(3) The Minister may appoint a person to act as a part-time Commissioner
during a period, or during all periods, when-

   (a)  there is a vacancy in the office of a part-time Commissioner, whether
        or not an appointment has previously been made to the office; or

   (b)  a part-time Commissioner is acting as Chairman or as another full-time
        Commissioner, is absent from duty or from Australia or, for any other
        reason, is unable to perform the duties of his office.

(4) A person acting in accordance with paragraph (1) (a), (2) (a) or (3) (a)
shall not continue so to act for more than 12 months.

(5) Where a person is acting as Chairman in accordance with paragraph (1) (b),
as a full-time Commissioner in accordance with paragraph (2) (b) or as a
part-time Commissioner in accordance with paragraph (3) (b) and the office of
Chairman, of the full-time Commissioner in whose place he is acting or of the
part-time Commissioner in whose place he is acting, as the case may be,
becomes vacant while that person is so acting, the person may continue so to
act until the Minister otherwise directs, the vacancy is filled or a period of
12 months from the date on which the vacancy occurred expires, whichever first
happens.

(6) The Minister may-

   (a)  determine the terms and conditions of appointment of a person
        appointed under this section; and

   (b)  at any time terminate such an appointment.

(7) A person appointed under this section may resign his appointment by
writing signed by him and delivered to the Minister.

(8) While a person is acting as Chairman in pursuance of an appointment under
this section, he has and may exercise all the powers of, and shall perform all
the functions of, the Chairman.

(9) The validity of anything done by a person acting under this section shall
not be called in question by reason of any defect or irregularity in or in
connexion with his appointment or on the ground that the occasion for his
acting had not arisen or had ceased.