Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 36

36. (1) Where there is a vacancy in the office of Chairman of the Trust, or
the Chairman of the Trust is, or is expected to be, absent from duty or from
Australia, the Treasurer may appoint a person to be acting Chairman of the
Trust until the filling of the vacancy or during the absence, as the case may
be.

(2) Where there is a vacancy in the office of the part-time member of the
Trust referred to in paragraph 30 (1) (b), or that member is, or is expected
to be, unable (whether on account of illness or otherwise) to attend the
meetings of the Trust, the Treasurer may, after consulting with such
organizations as he considers appropriate, being organizations the members, or
a substantial proportion of the members, of which are eligible employees or
pensioners, appoint a person who is an eligible employee or a pensioner to be
an acting member of the Trust, in the place of the member referred to in that
paragraph, until the filling of the vacancy or during the inability, as the
case may be.

(3) Where there is a vacancy in the office of the part-time member of the
Trust referred to in paragraph 30 (1) (c), or that part-time member of the
Trust is, or is expected to be, unable (whether on account of illness or
otherwise) to attend meetings of the Trust, the Treasurer may appoint a person
to be an acting member of the Trust, in the place of the member referred to in
that paragraph, until the filling of the vacancy or during the inability, as
the case may be.

(4) For the purposes of sub-sections (2) and (3), there shall be deemed to be
a vacancy in the office of a part-time member of the Trust at any time when
that part-time member is acting Chairman of the Trust.

(5) An acting Chairman, or an acting part-time member, appointed by reason of
the office of the Chairman of the Trust or of a part-time member of the Trust,
as the case may be, being vacant shall not continue in office after the
expiration of 12 months after the occurrence of the vacancy.

(6) The Treasurer 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.

(7) An acting Chairman, or acting part-time member of the Trust, may resign
his office by writing signed by him delivered to the Treasurer, but the
resignation does not have effect until it is accepted by the Treasurer.

(8) The validity of an act or thing done by, or a decision of, the Trust shall
not be called in question 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.

(9) The appointment of a person under this section is not invalidated, and
shall not be called in question, by reason of a deficiency or irregularity in,
or in connexion with his selection or appointment.