New South Wales Consolidated Acts

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INTERPRETATION ACT 1987 - SECT 47

Powers of appointment imply certain incidental powers

47 Powers of appointment imply certain incidental powers

(1) If an Act or instrument confers a power on any person or body to appoint a person to an office--
(a) the power may be exercised from time to time, as occasion requires, and
(b) the power includes--
(i) power to remove or suspend, at any time, a person so appointed,
(ii) power to appoint some other person to act in the office of a person so removed or suspended,
(iii) power to appoint a person to act in a vacant office, whether or not the office has ever been filled, and
(iv) power to appoint a person to act in the office of a person who is absent from that office, whether because of illness or otherwise.
(2) The power to remove or suspend a person under subsection (1) (b) may be exercised even if the Act or instrument under which the person was appointed provides that a holder of the office to which the person was appointed shall hold office for a specified period of time.
(3) The power to make an appointment under subsection (1) (b) may be exercised--
(a) as occasion requires,
(b) in anticipation of a particular event, so as to provide that the appointment shall take effect when that event occurs, or
(c) in anticipation of a particular state of affairs, so as to provide that the appointment shall have effect while that state of affairs exists.



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