Victorian Consolidated Legislation

Audit Act 1994 - SECT 6

Acting appointment

6. Acting appointment



(1) The Governor in Council may appoint a person to act in the office of
Auditor-General-

   (a)  during a vacancy in that office; or

   (b)  during any period, or during all periods, when the person holding that
        office is absent from duty or is, for any other reason, unable to
        perform the functions of that office-

but a person appointed to act during a vacancy must not continue so to act for
more than 6 months.

(2) An appointment of a person under subsection (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.

(3) The Governor in Council-

   (a)  subject to this section, may determine the terms and conditions of
        appointment of a person acting in the office of Auditor-General; and

   (b)  may terminate such an appointment at any time.

(4) If a person is acting in the office of Auditor-General in accordance with
subsection (1)(b) and that office becomes vacant while that person is so
acting, that person may continue so to act until the Governor in Council
otherwise directs, the vacancy is filled or a period of 6 months from the date
on which the vacancy occurred expires, whichever first happens.

(5) While a person is acting in the office of Auditor-General in accordance
with subsection (1), the person has, and may exercise, all the powers, and
shall perform all the functions, of that office.

(6) The validity of anything done by or in relation to a person purporting to
act in the office of Auditor-General under an appointment made under
subsection (1) shall not be called in question on the ground that the occasion
for his or her appointment has not arisen, that there is a defect or
irregularity in or in connection with his or her appointment, that the
appointment had ceased to have effect or that the occasion for him or her to
act had not arisen or had ceased.





(7) A person acting in the office of Auditor-General shall be paid out of the
Consolidated Fund, which is to the necessary extent appropriated accordingly,
remuneration at the same rate as is determined for the Auditor-General.

(8) A person acting in the office of Auditor-General, before undertaking the
duties of office, must take an oath of office before the Executive Council.