Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 110YC

Appointment of acting Chair

  (1)   The Minister may, in writing, appoint a Tribunal 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 the 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 reason, unable to perform the duties of the office.

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

Appointment of other acting Tribunal members

  (2)   The Chair may, in writing, appoint a person to act as a Tribunal member (other than the Chair):

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

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

  (i)   is acting as the Chair; or

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

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

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

  (3)   In appointing a person to act as a Tribunal member, the Chair must have regard to the desirability of:

  (a)   reflecting a diversity of expertise, experience and gender among the Tribunal members; and

  (b)   the Tribunal members being independent of those who usually make reviewable decisions.

Determining whether there is a vacancy in an office of Tribunal member

  (5)   For the purpose of:

  (a)   a reference in this section to a vacancy in an office of Tribunal member; or

  (b)   a reference in the Acts Interpretation Act 1901 to a vacancy in the membership of a body;

there are taken to be 10 offices of Tribunal members in addition to the Chair.