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ASBESTOS AND SILICA SAFETY AND ERADICATION AGENCY ACT 2013 - SECT 34

Acting appointment

Appointment to act as Chair

  (1)   The Minister may, by written instrument, appoint a Council member to act as the Chair:

  (a)   during a vacancy in the office of Chair, whether or not an appointment has previously been made to that office; or

  (b)   during any period, or during all periods, when the Chair:

  (i)   is absent from duty or from Australia; or

  (ii)   is, for any other reason, unable to perform the duties of the office.

Appointment to act as member other than Chair

  (2)   The Minister may, by written instrument, appoint a person to act as a Council member (other than the Chair):

  (a)   during a vacancy in the office of a Council member (other than the Chair), whether or not an appointment has previously been made to that office; or

  (b)   during any period, or during all periods, when a Council member (other than the Chair):

  (i)   is absent from duty or from Australia; or

  (ii)   is, for any other reason, unable to perform the duties of the office.

Note:   See sections   33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.

  (3)   If:

  (a)   paragraph   (2)(a) applies; and

  (b)   the vacancy is in the office of a Council member referred to in paragraph   31(d), (e) or (f);

a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection   32(3)).

  (4)   If:

  (a)   paragraph   (2)(b) applies; and

  (b)   the Council member referred to in that paragraph was appointed under paragraph   31(d), (e) or (f);

a person is not eligible for appointment to act as that member unless the person is eligible for appointment as that member (see subsection   32(3)).



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