Commonwealth Numbered Acts

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TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 29

Acting Commissioners.
29. (1) Where the Managing Director is, or is expected to be, absent from duty
or from Australia or there is, or is expected to be, a vacancy in the office
of Managing Director, the Minister may appoint a person to act as the
Managing Director during the absence or vacancy.

(2) A person appointed to act as the Managing Director in the event of a
vacancy shall not continue in office after the expiration of 12 months after
the occurrence of the vacancy.

(3) Where a part-time Commissioner is appointed to act as the Managing
Director, the office of the part-time Commissioner shall, for the purposes of
sub-section (4), be deemed to be vacant.

(4) Where a part-time Commissioner is, or is expected to be, unable (whether
on account of illness or otherwise) to attend meetings of the Commission or
there is a vacancy in the office of a part-time Commissioner, the Minister may
appoint a person to act as a part-time Commissioner during that inability, or
until the filling of the vacancy.

(5) The Minister shall not appoint a person to be an acting Commissioner in
place of a Commissioner referred to in paragraph 22 (1) (b) or (c), or to fill
a vacancy in the office of such a Commissioner, unless the person would be
eligible to be appointed to the office held or formerly held by that
Commissioner.

(6) 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.

(7) A person appointed under this section to act as the Managing Director or
as a part-time Commissioner has all the powers and functions of the Managing
Director, or of a part-time Commissioner, as the case may be.

(8) The validity of a decision of the Commission 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 of a person under this section had ceased to
have effect. 


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