(1) The Minister may, with the agreement of the Ministerial Conference, appoint a member 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) The Minister may, with the agreement of the Ministerial Conference, appoint a person to act as a member (other than as Chair):
(a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when a member:
(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.
(3) An appointment under subsection (1) or (2) is to be made by written instrument.
(4) Anything done by or in relation to a person purporting to act under an appointment under subsection (1) or (2) 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: For more about acting appointments, see sections 20 and 33A of the Acts Interpretation Act 1901 .