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INTERPRETATION OF LEGISLATION ACT 1984 - SECT 41AA Acting appointments

INTERPRETATION OF LEGISLATION ACT 1984 - SECT 41AA

Acting appointments

If a provision of an Act (other than section 41 of this Act) or of a subordinate instrument confers on a person or body ( the appointer ) a power to appoint a person ( the appointee ) to act in a particular office, then, except so far as the Act or subordinate instrument otherwise provides—

        (a)     the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment or in relation to a particular function or duty or on a particular occasion or in relation to a particular matter;

        (b)     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;

        (c)     if the office is, or becomes, vacant while the appointee is acting, the appointee may, subject to paragraph (a), continue to act until—

              (i)     the appointer otherwise directs; or

              (ii)     a person is appointed to the office or the vacancy is filled—

whichever first occurs;

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

        (f)     while the appointee is acting in the office, then, subject to the terms and conditions of the appointment—

              (i)     the appointee has and may exercise—

    (A)     all the powers, and shall perform all the functions and duties, of the holder of the office; or

    (B)     all the powers of the holder of the office necessary for performing the particular function or duty for which the appointment is made—

as the case requires; and

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

S. 41A

inserted by No. 10214 s. 7.