Commonwealth Consolidated Acts

NATIONAL HEALTH REFORM ACT 2011 - SECT 146

Acting Chair of the Pricing Authority

  (1)   The Minister may appoint a person to act as the Chair of the Pricing Authority:

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

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

  (i)   is absent from duty or Australia; or

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

Acting Deputy Chair (Hospital Pricing) of the Pricing Authority

  (2)   The Minister may appoint a person to act as the Deputy Chair (Hospital Pricing) of the Pricing Authority:

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

  (b)   during any period, or during all periods, when the Deputy Chair (Hospital Pricing) of the Pricing Authority:

  (i)   is absent from duty or Australia; or

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

Acting Deputy Chair (Aged Care Pricing) of the Pricing Authority

  (2A)   The Minister may appoint a person to act as the Deputy Chair (Aged Care Pricing) of the Pricing Authority:

  (a)   during a vacancy in the office of the Deputy Chair (Aged Care Pricing) of the Pricing Authority (whether or not an appointment has previously been made to the office); or

  (b)   during any period, or during all periods, when the Deputy Chair (Aged Care Pricing) of the Pricing Authority:

  (i)   is absent from duty or Australia; or

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

Acting member of the Pricing Authority (other than the Chair or a Deputy Chair of the Pricing Authority)

  (3)   The Minister may appoint a person to act as a member of the Pricing Authority (other than the Chair or a Deputy Chair of the Pricing Authority):

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

  (b)   during any period, or during all periods, when a member of the Pricing Authority (other than the Chair or a Deputy Chair of the Pricing Authority):

  (i)   is absent from duty or Australia; or

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

Written instrument

  (4)   An appointment under subsection   (1), (2), (2A) or (3) is to be made by written instrument.

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

Agreement of the Ministerial Council

  (5)   The Minister must have the agreement of the Ministerial Council before making an appointment under subsection   (2).

  (6)   The Minister must consult the Ministerial Council before making an appointment under subsection   (3).