Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 41

Power to appoint

41. Power to appoint



(1) If an Act or subordinate instrument confers on a person or body (the
appointer) a power to appoint a person to an office, the power, unless the
contrary intention appears, includes a power-

   (a)  to appoint a person to act in the office until-

   (i)  a person is appointed to the office; or

   (ii) during a vacancy in the office;

   (b)  to remove a person appointed to the office;

   (c)  to suspend a person appointed to the office and to appoint another
        person temporarily in the place of the person so suspended;

   (d)  if the holder of the office is absent or, for any other reason, unable
        to perform the functions and duties of the office, to appoint a person
        to act in place of the holder;

   (e)  if the holder of the office is, for any reason, unable to perform a
        particular function or duty on a particular occasion or in relation to
        a particular matter, to appoint a person to perform that function or
        duty on that occasion or in relation to that matter.

(2) The following paragraphs apply in relation to an appointment of a person
(the appointee) made under subsection (1)-

   (a)  the appointer-

   (i)  may determine the terms and conditions of the appointment, including
        remuneration and allowances (if any);

   (ii) may terminate the appointment at any time;

   (b)  the appointment ceases to have effect if the appointee resigns in
        writing delivered to the appointer;

   (c)  while the appointee is acting in the office under subsection (1)
        (except paragraph (e)), then, subject to the terms and conditions of
        the appointment-

   (i)  the appointee has and may exercise all the powers, and shall perform
        all the functions and duties, of the holder of the office; and

   (ii) this or any other Act applies in relation to the appointment as if the
        appointee were the holder of the office;

   (d)  while the appointee is appointed to perform a function or duty on a
        particular occasion or in relation to a particular matter, then,
        subject to the terms and conditions of the appointment-

   (i)  the appointee has and may exercise all the powers of the holder of the
        office necessary for performing that function or duty; and

   (ii) this or any other Act applies in relation to the appointment as if the
        appointee were the holder of the office.

(3) If the power of a person or body to make an appointment to an office is
exercisable only on the recommendation, or subject to the approval or consent,
of some other person or body, the power to make an appointment to act in the
office, or to remove or suspend, is only exercisable on the recommendation, or
subject to the approval or consent, of that other person or body, unless the
contrary intention appears.

(4) Despite the substitution of section 41 of this Act by section 51 of the
Law and Justice Legislation (Further Amendment) Act 1997, that section 41, as
in force immediately before the commencement of that section 51, continues to
apply to and in respect to anything done under that section 41 before that
commencement.