(1) Subsection (2)
applies if —
(a) the
Minister is satisfied that the Chair or Deputy Chair is unable to act by
reason of illness, absence or other cause; or
(b) the
office of Chair or Deputy Chair is vacant.
(2) The Governor may,
on the Minister’s recommendation, appoint an Authority member to act
temporarily as the Chair or Deputy Chair (as the case requires).
(3) Subsection (4)
applies if the Minister is satisfied that an Authority member, other than the
Chair or Deputy Chair, is unable to act by reason of illness, absence or other
cause.
(4) The Governor may,
on the Minister’s recommendation, appoint a person as an alternate
Authority member to act temporarily in the Authority member’s place.
(5) The Minister can
recommend a person under subsection (4) only if the Minister is satisfied in
relation to the person as set out in section 7(2A).
(6) The
Governor’s power to appoint a person under subsection (4) is subject to
section 7(5).
(7) The remuneration,
travelling and other allowances and other terms and conditions of appointment
of an alternate Authority member are those that the Minister, on the
recommendation of the Public Sector Commissioner, determines for the alternate
Authority member.
(8) While acting in
accordance with their appointment under subsection (4), an alternate Authority
member is taken to be an Authority member (subject to subsection (7) which
applies instead of section 9).
(9) An act or omission
of a person acting in an office under this section cannot be questioned on the
ground that the occasion to act in the office had not arisen or had ceased.
[Section 7A inserted: No. 36 of 2024 s. 5.]