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ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 162

Acting appointments
162. (1) The Deputy Chairperson of the Corporation Board shall act as the
Corporation Chairperson:

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

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

(2) The Minister may appoint a Director to act as the Deputy Chairperson of
the Corporation Board:

   (a)  during a vacancy in the office of Deputy Chairperson of the
        Corporation 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 Corporation 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 shall not continue so to act
        for more than 6 months.

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

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

   (b)  during any period, or during all periods, when a 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 shall not continue so to act for more than 6 months.

(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.

(5) Anything done by or in relation to a person purporting to act pursuant to
an appointment made under this section is not invalid merely because:

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

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

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

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


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