Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 151, 1986 - SECT 13

13. (1) Section 24 of the Principal Act is repealed and the following section
is substituted: Acting Commissioner

"24. (1) The Minister may appoint a person to act as Commissioner-

   (a)  during a vacancy in the office of Commissioner; or

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

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

"(3) The Minister may-

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

   (b)  terminate such an appointment at any time.

"(4) Where a person is acting as Commissioner in accordance with paragraph (1)
(b) and the office of Commissioner becomes vacant while that person is so
acting, then, subject to sub-section (2), that 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.

"(5) A person appointed to act as Commissioner may resign by writing signed by
the person and delivered to the Minister.

"(6) While a person is acting as Commissioner, the person has and may exercise
all the powers, and shall perform all the functions, of the Commissioner under
this Act or any other law.

"(7) Anything done by or in relation to a person purporting to act under
sub-section (1) 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.".

(2) Where, immediately before the day on which this Act receives the Royal
Assent, a person was acting as Commissioner by virtue of an appointment under
section 24 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.