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AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY ACT 1998 - SECT 19

Acting appointments

  (1)   The Minister may:

  (a)   appoint a person to act as a full - time APRA member during any period when there are fewer than 5 persons who are APRA members; or

  (b)   appoint a person to act as a part - time APRA member during any period when:

  (i)   there are fewer than 5 persons who are APRA members; and

  (ii)   there are at least 3 persons who are full - time APRA members; or

  (c)   appoint a person to act in the place of a full - time APRA member or part - time APRA member during any period when the APRA member:

  (i)   is acting as a Deputy Chair in accordance with subsection   (3); or

  (ii)   is absent from duty or from Australia or is, for any reason, unable to perform the functions of his or her office.

Note:   For rules that apply to acting appointments, see section   33A of the Acts Interpretation Act 1901 .

  (2)   The Minister may appoint an APRA member to act as Chair:

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

  (b)   during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the functions of his or her office.

Note:   For rules that apply to acting appointments, see section   33A of the Acts Interpretation Act 1901 .

  (3)   The Minister may appoint an APRA member to act as a Deputy Chair:

  (a)   during a period when there are fewer than 2 persons holding office as Deputy Chair; or

  (b)   during any period, or during all periods, when a Deputy Chair is absent from duty or from Australia, or is, for any reason, unable to perform the functions of his or her office; or

  (c)   during any period, or during all periods, when a Deputy Chair is acting as Chair.

Note:   For rules that apply to acting appointments, see section   33A of the Acts Interpretation Act 1901 .

  (4)   A person appointed under paragraph   (1)(a), (1)(b), (2)(a) or (3)(a) must not continue to act under the appointment for more than 12 months.

  (6)   A person is not eligible to be appointed to act in an office under this section if section   17 would prevent the person from being appointed as an APRA member.



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