After section 50 of the Principal Act , the following section is inserted in Division 2:

50A.     Alternate permanent members

(1)  For the purposes of this Division, the Council is to appoint an alternate member for each permanent member of the Tribunal.

(2)  Appointments of alternate members are to be made –

(a) as soon as practicable after the commencement of the Medical Practitioners Registration Amendment Act 2004 ; and

(b) if subsequently there is a vacancy in the office of a member or alternate member.

(3)  For the purposes of subsection (2) , the office of an alternate member is vacant when he or she dies or if he or she is incapable of acting as such a member.

(4)  An alternate member is to act as a member of the Tribunal only if the permanent member for whom he or she is an alternate dies or only while that permanent member –

(a) is absent from a meeting or proceeding of the Tribunal; or

(b) is incapable of acting as a member.

(5)  Where an alternate member acts as a member of the Tribunal –

(a) he or she may exercise all the powers of the permanent member for whom he or she is an alternate member; and

(b) all things done or omitted to be done by the alternate member are as valid, and have the same consequences, as if they had been done or omitted to be done by the permanent member for whom he or she is an alternate member.

(6)  A person is not eligible to be appointed as an alternate member unless he or she has the same qualifications as the permanent member for whom he or she would be an alternate.