Queensland Consolidated Acts

ACTS INTERPRETATION ACT 1954 - SECT 24B

24B Acting appointments

(1) If an Act authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with the Act , appoint—

(a) a person by name; or

(b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned;

to act in the office.

(2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.

(3) The appointer may—

(a) determine the terms and conditions of the appointment, including remuneration and allowances; and

(b) end the appointment at any time.

(3A) If the appointer is a body, the appointment may be made or ended by a resolution of the body.

(4) The appointment, or the ending of the appointment under subsection (3) (b) , must be in, or evidenced by, writing, signed by the appointer or, if the appointer is a body, by a person authorised by the body for the purpose.

(5) If the appointee is acting in the office because of a vacancy in the office—

(a) the term of the appointment may not be more than 1 year; and

(b) the appointee may be reappointed to act in the office, but the term of each reappointment may not be more than 1 year.

(6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2) , the appointee may continue to act until—

(a) the appointer otherwise directs; or

(b) the vacancy ends; or

(c) the end of a year from the day of the vacancy;

whichever happens first.

(6A) Subsection (6) (c) does not prevent a further appointment of the appointee to act for a period ending later than a year from the day of the vacancy.

(7) The appointment ends if the appointee resigns by writing signed and delivered to the appointer.

(7A) If the vacancy in the office in which a person is acting ends, the person’s appointment to act in the office because of the vacancy also ends.

(7B) If the holder of the office in which a person is acting resumes the office, the person’s appointment to act in the office because of the absence of the holder of the office ends.

(7C) Subsections (7A) and (7B) apply even if a contrary intention appears in the instrument of, or evidencing the, appointment to act.

(7D) A person’s substantive appointment to an office does not end merely because the person acts in another office.

(7E) To avoid any doubt, it is declared that subsections (7A) to (7D) do not change the law of Queensland.

(8) While the appointee is acting in the office—

(a) the appointee has all the functions and powers of the holder of the office; and

(b) laws apply to the appointee, and to other persons in relationship to the appointee, as if the appointee were the holder of the office.

(9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because—

(a) the occasion for the appointment had not arisen; or

(b) the appointment had ended; or

(c) the occasion for the person to act had not arisen or had ended.

(10) If the Act authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.

(11) If—

(a) the appointer is a specified officer or the holder of a specified office; and

(b) the person who was the specified officer or holder of the specified office when the appointment was made ceases to be the officer or holder of the office;

then—

(c) the appointment continues in force; and

(d) the person for the time being occupying or acting in the office concerned is taken to be the appointer for the purposes of this section.

(12) If—

(a) the appointer is a body; and

(b) there is a change in the membership of the body;

then—

(c) the appointment continues in force; and

(d) the body as constituted for the time being is taken to be the appointer for the purposes of this section.

(13) Writing purporting to be, or to contain, an appointment, or the ending of an appointment under subsection (3) (b) , is evidence of the appointment or the ending of the appointment.

(14) A certificate signed by the appointer (or, if the appointer is a body, by a person authorised by the body for the purpose) stating anything in relation to an appointment is evidence of the thing.

(15) A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established.