Commonwealth Numbered Acts

ABORIGINAL DEVELOPMENT COMMISSION ACT 1980 No. 34 of 1980 - SECT 16

16. (1) The Minister may appoint a member to act as Chairman-

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

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

(2) The Minister may appoint a person who is an Aboriginal to act as a member,
other than the Chairman-

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

   (b)  during any period, or during all periods, when a member, other than
        the Chairman, is absent from duty or from Australia, is acting as
        Chairman or is, for any other reason, unable to perform the functions
        of his office.

(3) A person appointed under sub-section (1) or (2) to act during a vacancy
shall not continue so to act for more than 12 months.

(4) An appointment of a person under sub-section (1) or (2) may be expressed
to have effect only in such circumstances as are specified in the instrument
of appointment.

(5) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person appointed under this section;
        and

   (b)  at any time terminate such an appointment.

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

(7) The appointment of a person under this section ceases to have effect if he
resigns his appointment by writing signed by him and delivered to the
Minister.

(8) While a person is acting as the Chairman under this section, he has and
may exercise all the powers, and shall perform all the functions, of the
Chairman under this Act or any other law.

(9) While a person is acting as a member under this section, he has and may
exercise all the powers, and shall perform all the functions, of a member
under this Act or any other law, and shall be deemed to be a member for the
purposes of sections 18, 19, 44 and 47.

(10) The validity of anything done by a person purporting to act under this
section shall not be called in question on the ground that the occasion for
his appointment had not arisen, that there is a defect or irregularity in or
in connection with his appointment, that the appointment had ceased to have
effect or that the occasion for him to act had not arisen or had ceased.