Victorian Consolidated Legislation

Commissioner for Environmental Sustainability Act 2003 - SECT 11

Acting Commissioner

11. Acting Commissioner



(1) The Minister may appoint a person to act in the office of Commissioner-

   (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 so 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 Minister-

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

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

(4) If a person is acting in the office of Commissioner 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-



   (a)  the Minister otherwise directs; or

   (b)  the vacancy is filled; or

   (c)  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 Commissioner in accordance with
subsection (1), the person has, and may exercise, all the powers, and perform
all the functions of that office under this Act.

(6) The validity of anything done by or in relation to a person purporting to
act in the office of Commissioner under an appointment made under subsection
(1) is not to be called in question on the ground that-

   (a)  the occasion for the appointment has not arisen; or

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

   (c)  the appointment has ceased to have effect; or

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