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ACTS INTERPRETATION ACT 1931 - SECT 21A Performance of duties, &c., in absence

ACTS INTERPRETATION ACT 1931 - SECT 21A

Performance of duties, &c., in absence

(1)  Where –
(a) by any enactment, instrument, contract or agreement, any duty, obligation, right or power is imposed or conferred on the holder of an office, position or appointment –
(i) arising from the appointment or employment of a person under the State Service Act 2000 ; or
(ii) being the office or position of a member, officer or employee of a State authority within the meaning of that Act; or
(iii) being a statutory office or any other office or position in the service of the Crown; and
(b) for any reason –
(i) the holder of that office, position or appointment is unable to perform or exercise the duty, obligation, right or power; or
(ii) that office, position or appointment is vacant –
that duty, obligation, right or power may be performed or exercised by any eligible person so directed in writing by the appointing authority in the same manner and to the same extent in all respects as if that eligible person were the holder of that office, position or appointment.
(2)  In this section –
appointing authority , in relation to an office, position or appointment, means –
(a) in the case of an office, position or appointment to which appointments are required by or under an enactment to be made by the Governor – the Minister administering that enactment; and
(b) in any other case – the person by whom appointments to that office, position or appointment are authorized to be made;
eligible person , in relation to an office, position or appointment, means a person who possesses the qualifications required by law to be possessed by the holder of that office, position or appointment;
enactment means –
(a) an Act; or
(b) any other instrument of a legislative character; or
(c) any provision of an Act or of an instrument referred to in paragraph (b) .