Commonwealth Numbered Acts

NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - SECT 16

16. (1) The Minister may appoint a person to act in the office of Chairperson
-

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

   (b)  during any period, or during all periods, when the person holding that
office is absent from duty or from Australia or is, for any other reason,
unable to perform the functions of that office.

(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) A person appointed under sub-section (1) to act during a vacancy shall not
continue so to act for more than 12 months.

(4) Where a person is acting in the office of Chairperson in accordance with
paragraph (1) (b) and the office becomes vacant while the person is so acting,
then, subject to sub-section (2), 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 occurs expires, whichever first happens.

(5) While a person is acting in the office of Chairperson, the person has and
may exercise all the powers, and shall perform all the functions, of the
Chairperson under this Act or any other law.

(6) The Minister may -

   (a)  determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting in the office of
Chairperson; and

   (b)  terminate such an appointment at any time.

(7) A person appointed under sub-section (1) may resign 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 the office of Chairperson 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.