Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 162

  (1)   The Deputy Chairperson of the Indigenous Business Australia Board shall act as the Indigenous Business Australia Chairperson:

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

  (b)   during any period, or during all periods, when the Indigenous Business Australia Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

Note:   For rules that apply to persons acting as the Indigenous Business Australia Chairperson, see section   33A of the Acts Interpretation Act 1901 .

  (2)   The Minister may appoint an Indigenous Business Australia Director to act as the Deputy Chairperson of the Indigenous Business Australia Board:

  (a)   during a vacancy in the office of Deputy Chairperson of the Board, 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 of the Board is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;

but a person appointed to act during a vacancy must not continue so to act for more than 6 months.

Note:   For rules that apply to acting appointments, see section   33A of the Acts Interpretation Act 1901 .

  (3)   The Minister may appoint a person to act as an Indigenous Business Australia Director (other than the Chairperson or Deputy Chairperson) of the Indigenous Business Australia Board:

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

  (b)   during any period, or during all periods, when an Indigenous Business Australia Director is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;

but a person appointed to act during a vacancy must not continue so to act for more than 6 months.

Note:   For rules that apply to acting appointments, see section   33A of the Acts Interpretation Act 1901 .

  (4)   The Minister shall not appoint a person to act in an office unless, having regard to section   157, the person could be appointed to that office.