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AUSTRALIAN CURRICULUM, ASSESSMENT AND REPORTING AUTHORITY ACT 2008 (NO. 136, 2008) - SECT 15

Acting in positions

             (1)  The Deputy Chair is to act as the Chair:

                     (a)  during a vacancy in the office of Chair (whether or not an appointment has previously been made to the 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 reason, unable to perform the duties of the office.

             (2)  While the Deputy Chair is acting as the Chair:

                     (a)  the Deputy Chair has, and may exercise, all the Chair's powers, and must perform all the Chair's functions and duties; and

                     (b)  this Act, and all other Acts, apply to the Deputy Chair as if he or she were the Chair.

             (3)  Anything done by or in relation to the Deputy Chair when purporting to act under subsection (1) is not invalid merely because the occasion to act had not arisen or had ceased.

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

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

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

                              (i)  is acting as the Chair; or

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

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

             (5)  Anything done by or in relation to a person purporting to act under an appointment under subsection (4) 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 to act had not arisen or had ceased.

Note:          See sections 20 and 33A of the Acts Interpretation Act 1901 .



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