Commonwealth Numbered Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 No. 99 of 1992 - SECT 106

106.(1) The Minister may appoint a person to act as the DAA:

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

   (b)  during any period, or during all periods, when the DAA is absent from
        duty or from Australia or is, for any other reason, unable to perform
        the duties of that office. (Initial phasing-out period - senior
        Department officer to act)

(2) If a vacancy in the office of DAA occurs after 31 December 1996 and before
1 July 2002, a person appointed to act as the DAA during the vacancy must hold
or perform the duties of a Senior Executive Service office in the Department.
(Final phasing-out period - senior ATO officer to act)

(3) If a vacancy in the office of DAA occurs on or after 1 July 2002, a person
appointed to act as the DAA during the vacancy must hold or perform the duties
of a Senior Executive Service office in the Australian Taxation Office.
(Phasing-out periods - time limits for acting appointments do not apply)

(4) If a vacancy in the office of DAA occurs on or after 1 January 1997,
paragraphs 33A(ba) and (c) of the Acts Interpretation Act 1901 (which deal
with time limits for acting appointments) do not apply to a person appointed
to act as the DAA during the vacancy. (Acting appointment not to be challenged
on technical grounds)

(5) Anything done by or in relation to a person purporting to act under
subsection (1) 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.