Commonwealth Numbered Acts

ASBESTOS SAFETY AND ERADICATION AGENCY ACT 2013 (NO. 58, 2013) - SECT 34

Appointment to act as Chair

             (1)  The Minister may, by written instrument, appoint a Council member to act as the Chair:

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

                     (b)  during any period, or during all periods, when the Chair:

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any other reason, unable to perform the duties of the office.

Appointment to act as member other than Chair

             (2)  The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):

                     (a)  during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or

                     (b)  during any period, or during all periods, when a Council member (other than the Chair):

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any other reason, unable to perform the duties of the office.

Note:          See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.

             (3)  If:

                     (a)  paragraph (2)(a) applies; and

                     (b)  the vacancy is in the office of a Council member referred to in paragraph 31(d), (e) or (f);

a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).

             (4)  If:

                     (a)  paragraph (2)(b) applies; and

                     (b)  the Council member referred to in that paragraph was appointed under paragraph 31(d), (e) or (f);

a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection 32(3)).