Commonwealth Numbered Acts

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AUSTRALIAN WAR MEMORIAL ACT 1980 No. 104 of 1980 - SECT 26

Acting Director
26. (1) The Minister may appoint a person to act in the place of the Director-

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

   (b)  during any period, or during all periods, when the Director is absent
        from duty or from Australia, or is, for any other reason, unable to
        perform the functions of his office, but a person appointed to act
        during a vacancy shall not continue so to act for more than 12 months.

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

(3) The Minister may-

   (a)  subject to this Act, determine the terms and conditions of
        appointment, including remuneration and allowances, of a person acting
        as Director; and

   (b)  terminate such an appointment at any time.

(4) Where a person is acting as Director in accordance with paragraph (1) (b)
and the office of Director becomes vacant while that person is so acting, 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.

(5) The appointment of a person to act as Director ceases to have effect if he
resigns his appointment by writing signed by him and delivered to the
Minister.

(6) While a person is acting as Director, he has and may exercise all the
powers, and shall perform all the functions, of the Director under this Act.

(7) The appointment of a person under sub-section (1) is not invalidated, and
shall not be called in question, by reason of a defect or irregularity in or
in connection with his appointment.

(8) The validity of anything done by a person purporting to act under sub-
section (1) 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. 


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