Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 41AA

Acting appointments

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.