Commonwealth Numbered Acts

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NATIONAL FILM AND SOUND ARCHIVE ACT 2008 (NO. 14, 2008) - SECT 12

Acting in positions

             (1)  The Deputy Chair is 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)  While the Deputy Chair is acting as the Chair:

                     (a)  the Deputy Chair has, and may exercise, all the Chair's powers, and must perform all the Chair's functions and duties; and

                     (b)  this Act, and all other Acts, apply to the Deputy Chair as if he or she were the Chair.

             (3)  Anything done by or in relation to the Deputy Chair when purporting to act under subsection (1) is not invalid merely because the occasion to act had not arisen or had ceased.

             (4)  The Minister may appoint a member to act as the Deputy Chair:

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

                     (b)  during any period, or during all periods, when the Deputy Chair:

                              (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.

             (5)  The Minister may appoint a person to act as a member (other than as Chair or Deputy 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 Deputy Chair; or

                             (ii)  is absent from duty or from Australia; or

                            (iii)  is, for any reason, unable to perform the duties of the office.

             (6)  Anything done by or in relation to a person purporting to act under an appointment under subsection (4) or (5) 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 information about acting appointments, see section 33A of the Acts Interpretation Act 1901 .



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