Commonwealth Numbered Acts

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION ACT 1987 No. 3 of 1987 - SECT 23

23. (1) The Board may appoint a person to act as Executive Director-

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

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

(2) An appointment of a person under sub-section (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.

(3) The Board may-

   (a)  determine the terms and conditions of appointment, excluding
        remuneration and allowances, of a person acting as Executive Director;
        and

   (b)  terminate such an appointment at any time.

(4) An officer who is acting as Executive Director shall continue to be paid
the remuneration and allowances payable to the officer as such an officer but
shall also be paid-

   (a)  so much of any remuneration payable to the Executive Director as
        exceeds the remuneration that so continues to be paid to the officer;

   (b)  so much of any allowance payable to the Executive Director as exceeds
        the corresponding allowance that so continues to be paid to the
        officer; and

   (c)  if an allowance is payable to the Executive Director in respect of
        which there is no corresponding allowance payable to the officer-that
        allowance.

(5) Where a person is acting as Executive Director in accordance with
paragraph (1) (b) and the office of Executive Director becomes vacant while
that person is so acting, then, subject to sub-section (2), that person may
continue so to act until the Board otherwise directs, the vacancy is filled or
a period of 12 months from the date on which the vacancy occurred expires,
whichever first happens.

(6) The appointment of a person to act as Executive Director ceases to have
effect if the person resigns the appointment by writing signed by the person
and delivered to the Chairperson.

(7) While a person is acting as Executive Director, the person may exercise
all the powers, and shall perform all the functions and duties, of the
Executive Director under this Act.

(8) The validity of anything done by or in relation to a person purporting to
act under sub-section (1) shall not be called in question on the ground that
the occasion for the appointment had not arisen, that there was a defect or
irregularity in or in connection with the appointment, that the appointment
had ceased to have effect or that the occasion for the person to act had not
arisen or had ceased.