Commonwealth Numbered Acts

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PIPELINE AUTHORITY AMENDMENT ACT 1980 No. 109, 1980 - SECT 8

Acting appointments
8. Section 11 of the Principal Act is repealed and the following section
substituted:



"11. (1) The Minister may appoint a person to act as the Executive Member
during a period, or during all periods, when-

   (a)  there is a vacancy in the office of Executive Member; or

   (b)  the Executive Member is absent from duty or from Australia or, for any
        other reason, is unable to perform the functions of his office, but a
        person so appointed to act during a vacancy in the office shall not
        continue so to act for more than 12 months.



"(2) Where a person is acting as the Executive Member in pursuance of an
appointment under sub-section (1) otherwise than during a vacancy in the
office of Executive Member and the office becomes vacant while the person is
so acting, the person 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.



"(3) While a person is acting as Executive Member in pursuance of an
appointment under sub-section (1), he has and may exercise all the powers of,
and shall perform all the functions of, the Executive Member.



"(4) The Minister may appoint a person to act as a part-time member during a
period, or during all periods, when-

   (a)  there is a vacancy in the office of a part-time member (including the
        Chairman and the Deputy Chairman);

   (b)  a part-time member (including the Chairman and the Deputy Chairman) is
        absent from duty or from Australia or, for any other reason, is unable
        to perform the functions of his office; or

   (c)  a person appointed under this section to act as a part-time member is
        acting as Chairman in pursuance of an appointment under sub-section
        (6) or is acting as Executive Member in pursuance of an appointment
        under sub-section (1), and, while a person is so acting in pursuance
        of an appointment under this sub-section, by virtue of the
        appointment, he has and may exercise all the powers of, and shall
        perform all the functions of, a part-time member other than the
        Chairman or the Deputy Chairman.



"(5) Where the Chairman is absent from duty or from Australia or, for any
other reason, is unable to perform the functions of his office, or there is a
vacancy in the office of Chairman, the Deputy Chairman shall act as Chairman
during the absence or inability or until the filling of the vacancy, as the
case may be, and, while he is so acting, he has and may exercise all the
powers of, and shall perform all the functions of, the Chairman.



"(6) The Minister may appoint a member (other than the Chairman or the Deputy
Chairman), or an acting member, to act as Chairman during a period, or during
all periods, when-

   (a)  the Chairman is absent from duty or from Australia or, for any other
        reason, is unable to perform the functions of his office, or there is
        a vacancy in the office of Chairman; and

   (b)  the Deputy Chairman is absent from duty or from Australia or, for any
        other reason, is unable to perform the functions of his office, or
        there is a vacancy in the office of Deputy Chairman, and the member or
        acting member, while he is so acting, has and may exercise all the
        powers of, and shall perform all the functions of, the Chairman.



"(7) The Minister may-

   (a)  determine the terms and conditions of appointment of a person
        appointed under this section; and

   (b)  at any time terminate such an appointment.



"(8) Sections 8 and 10 apply in relation to a person appointed under this
section in like manner as they apply in relation to a member.



"(9) The validity of a decision of the Authority shall not be questioned in
any proceedings on a ground arising from the fact that the occasion for the
appointment of a person purporting to be appointed under this section had not
arisen or that an appointment under this section had ceased to have effect.". 


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