WHEAT MARKETING ACT 1989No. 58, 1989 - SECT 46 Acting Managing Director

WHEAT MARKETING ACT 1989No. 58, 1989 - SECT 46

46. (1) The Board may, by resolution, appoint a person to act as Managing
Director:

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

   (b)  during any period, or during all periods, when the Managing Director
        is absent from duty or from Australia or is, for any other reason,
        unable to perform the functions of the office of Managing Director;
        but a person appointed to act during a vacancy shall not continue so
        to act for more than 12 months.

(2) Subject to subsection (4), an appointment of a person may be expressed to
have effect only in such circumstances as are specified in the instrument of
appointment.

(3) Subject to subsection (4), the Board may:

   (a)  determine the terms and conditions, including remuneration and
        allowances (if any), on which a person is to act under this section;
        and

   (b)  terminate an appointment under this section at any time.

(4) An appointment of a person under subsection (1) shall not have effect
whenever there is a Chairperson holding office in an executive capacity.

(5) If the office of Managing Director becomes vacant while a person is acting
in accordance with paragraph (1) (b), that person may continue so to act until
the Board otherwise directs, the vacancy is filled or a period of 12 months
from the date on which the vacancy occurred ends, whichever first happens.

(6) The appointment of a person to act as Managing Director ceases to have
effect if the person resigns the appointment by giving to the Chairperson a
signed notice of resignation.

(7) A person acting as Managing Director has all the powers, and shall perform
all the duties and functions, of the Managing Director.

(8) Anything done by or in relation to a person purporting to act under
subsection (1) is not invalid on the ground that:

   (a)  the occasion for the person's appointment had not arisen;

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

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

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