Commonwealth Numbered Acts

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 No. 89 of 1986 - SECT 17

17. (1) The Minister may appoint a member or other person to act as
Chairperson-

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

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

(2) Where the number of members referred to in paragraph 9 (1) (c) is less
than 10, the Minister may appoint a person who is not a member to act as a
member, but a person so appointed shall not continue so to act-

   (a)  if and after the number of those members ceases to be less than 10; or

   (b)  for longer than 12 months.

(3) The Minister may appoint a person who is not a member to act in the place
of a member referred to in paragraph 9 (1) (c) during any period, or during
all periods, when the member is acting as Chairperson, is absent from
Australia or is, for any other reason, unable to perform the duties of the
office of member, but a person so appointed shall not continue so to act for
longer than 12 months.

(4) An appointment of a person under sub-section (1) or (3) may be expressed
to have effect only in such circumstances as are specified in the instrument
of appointment.

(5) Where a person is acting as the Chairperson otherwise than because of a
vacancy in the office of Chairperson and the office of Chairperson becomes
vacant while the person is so acting then, subject to sub-section (4), the
person may continue so to act until the Minister otherwise directs, the
vacancy is filled or a period of 12 months from the day on which the vacancy
occurred expires, whichever occurs first.

(6) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person appointed to act as the
        Chairperson or a member; and

   (b)  terminate such an appointment at any time.

(7) A person appointed to act as the Chairperson or another member may resign
by writing signed by the person and delivered to the Minister.

(8) While a person is acting as the Chairperson or as another member, the
person has and may exercise all the powers, and shall perform all the duties,
of the Chairperson or the member, as the case may be.

(9) Anything done by or in relation to a person purporting to act under
sub-section (1), (2) or (3) is not invalid on the grounds that-

   (a)  the occasion for the person's appointment had not arisen;

   (b)  there is a defect or irregularity in connection with the person's
        appointment;

   (c)  the person's appointment had ceased to have effect; or

   (d)  the occasion for the person to act had not arisen or had ceased.