Commonwealth Numbered Acts

Industries Assistance Commission Amendment Act (No. 2) 1983 No. 75 of 1983 - SECT 6

6. (1) Section 17 of the Principal Act is repealed and the following section
is substituted: Acting appointments

''17. (1) The Minister may appoint a Commissioner to act as the Chairman-

   (a)  during a vacancy in the office of Chairman; 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 (including the
        reason that the Chairman is suspended from office), unable to perform
        the duties of his office,
but a Commissioner appointed to act during a vacancy shall not continue so to
act for more than 12 months.

''(2) The Minister may appoint a person (including an Associate Commissioner)
to act as a Commissioner other than the Chairman-

   (a)  when there is a vacancy in the office of that Commissioner, or

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

''(3) While a Commissioner is acting as the Chairman, he has and may exercise
all the powers, and shall perform all the functions, of the Chairman.

''(4) While a person is acting as a Commissioner other than the Chairman he
has and may exercise all the powers, and shall perform all the functions, of
the Commissioner in whose place he is acting.

''(5) 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.

''(6) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person acting as the Chairman or as
        a Commissioner other than the Chairman; and

   (b)  terminate such an appointment at any time.

''(7) Where-

   (a)  a person is acting as the Chairman in accordance with paragraph (1)
        (b); or

   (b)  a person is acting as a Commissioner other than the Chairman in
        accordance with paragraph (2) (b),
and that office becomes vacant while that person is so acting, then, subject
to sub-section (5), that Commissioner 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.

''(8) The appointment of a person to act as the Chairman or as a Commissioner
other than the Chairman ceases to have effect if he resigns his appointment by
writing signed by him and delivered to the Minister.

''(9) The validity of anything done by a person purporting to act under
sub-section (1) or (2) shall not be called in question on the ground that the
occasion for his appointment had not arisen, that there was 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.

''(10) For the purposes of this section, there shall be deemed to be 9 offices
of Commissioner.''.

(2) Where, immediately before the commencement of this section, a person was
acting as the Chairman, or as a Commissioner other than the Chairman, by
virtue of an appointment under section 17 of the Principal Act, then,
notwithstanding the repeal of that section by this Act, that section continues
to apply to and in relation to that person as if that repeal had not been
made.