Commonwealth Numbered Acts

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION ACT 1987 No. 3 of 1987 - SECT 17

17. (1) At any time when there is a vacancy in the office of Chairperson
(whether or not an appointment has previously been made to the office) or the
Chairperson is absent from duty or from Australia or is, for any other reason,
unable to perform the functions of Chairperson, the Deputy Chairperson or a
person acting as Deputy Chairperson under sub-section (2) shall act as
Chairperson.

(2) The Minister may appoint a member to act as Deputy Chairperson-

   (a)  during a vacancy in the office of Deputy Chairperson (whether or not
        an appointment has previously been made to the office); or

   (b)  during any period, or during all periods, when the Deputy Chairperson
        is absent from duty or from Australia or is, for any other reason
        (including the reason that the Deputy Chairperson is acting as
        Chairperson) unable to perform the duties of the office of
        Deputy Chairperson, but a person appointed to act during a vacancy
        shall not continue so to act for more than 12 months.

(3) While a person is acting in an office under this section, the person may
exercise all the powers, and shall perform all the functions, of the holder of
the office.

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

(5) The Minister may-

   (a)  determine the terms and conditions, including remuneration and
        allowances, if any, on which a person is to act under this section;
        and

   (b)  terminate an appointment under this section at any time.

(6) Where a person is acting in the office of Deputy Chairperson under
paragraph (2) (b) and the office becomes vacant while the person is so acting,
then, subject to sub-section (4), the person may continue so to act until the
Minister otherwise directs, the vacancy is filled, or a period of 12 months
from the date on which the vacancy occurred expires, whichever first occurs.

(7) The appointment of a person under this section ceases to have effect if
the person resigns the appointment by writing signed by the person and
delivered to the Minister.

(8) The validity of anything done by or in relation to a person purporting to
act in an office under this section shall not be called in question on the
ground that-

   (a)  in the case of a person purporting to act under sub-section (1)-the
        occasion for the person to act had not arisen or had ceased; or

   (b)  in the case of a person purporting to act pursuant to an appointment
        under sub-section (2)-the occasion for the appointment had not arisen,
        there was a defect or irregularity in or in connection with the
        appointment, the appointment had ceased to have effect or the occasion
        for the person to act had not arisen or had ceased.