Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 647

Appointment of acting President and Vice President

Appointment by Governor - General

  (1)   The Governor - General may, by written instrument, appoint a Vice President to act as the President:

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

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

Note:   See also section   33A of the Acts Interpretation Act 1901 , which contains extra rules about acting appointments.

  (1A)   The Governor - General may, by written instrument, appoint a Deputy President to act as a Vice President:

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

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

Note:   See also section   33A of the Acts Interpretation Act 1901 , which contains extra rules about acting appointments.

No invalidity

  (2)   Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

  (a)   the occasion for the appointment had not arisen; or

  (b)   there was a defect or irregularity in connection with the appointment; or

  (c)   the appointment had ceased to have effect; or

  (d)   the occasion for the person to act had not arisen or had ceased.

Not disqualified

  (3)   A person is not disqualified from being appointed under subsection   (1) or (1A) merely because the person is over 65.


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