PART II
-
ADMINISTRATION
Division 1
-
General
SECTION 17
ACTING INSPECTOR-GENERAL AND ACTING OFFICIAL RECEIVERS
17(1)
[Appointment of acting Inspector-General]
The Minister may appoint a person to act as Inspector-General:
(a)
during a vacancy in the office of Inspector-General; or
(b)
during any period, or during all periods, when the Inspector-General is absent from duty or from Australia or is, for any other 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
.
History
S 17(1) amended by No 46 of 2011, s 3 and Sch 2 item 289, by inserting the note at the end, effective 27 December 2011. No 46 of 2011, s 3 and Sch 3 items 10 and 11 contain the following saving and transitional provisions:
10 Saving
-
appointments
10
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
11
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
S 17(1) and (2) substituted for s 17(1) to (6) by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 10 and 202, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 202, contains the following provision:
An appointment in force under section 17 of the Bankruptcy Act immediately before 5 May 2003 continues in effect after 5 May 2003 as if it had been made under that section as amended by this Act. However, nothing in this item is taken to alter the time when the appointment was made.
S 17(1) formerly read:
17(1)
The Secretary to the Department may appoint a person to act as Inspector-General or Official Receiver:
(a)
during a vacancy in the office of Inspector-General or Official Receiver, as the case may be; or
(b)
during any period, or during all periods, when the Inspector-General or Official Receiver, as the case may be, is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his or her office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
17(2)
[Appointment of acting Official Receiver]
The Inspector-General may appoint a person to act as Official Receiver:
(a)
during a vacancy in the office of Official Receiver; or
(b)
during any period, or during all periods, when the Official Receiver is absent from duty or from Australia or is, for any other 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
.
History
S 17(2) amended by No 46 of 2011, s 3 and Sch 2 item 289, by inserting the note at the end, effective 27 December 2011. For saving and transitional provisions, see note under s 17(1).
S 17(1) and (2) substituted for s 17(1) to (6) by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 10 and 202, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
For provision relating to Act No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 202, see under s 17(1).
S 17(2) formerly read:
17(2)
An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
17(3)
(Repealed by No 131 of 2002)
History
S 17(1) and (2) substituted for s 17(1) to (6) by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 10 and 202, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
For provision relating to Act No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 202, see under s 17(1).
S 17(3) formerly read:
17(3)
The Secretary to the Department may terminate such an appointment at any time.
17(4)
(Repealed by No 131 of 2002)
History
S 17(1) and (2) substituted for s 17(1) to (6) by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 10 and 202, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
For provision relating to Act No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 202, see under s 17(1).
S 17(4) formerly read:
17(4)
Where a person is acting as Inspector-General or Official Receiver in accordance with paragraph (1)(b) and the office of Inspector-General or Official Receiver, as the case may be, becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Secretary to the Department otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
17(5)
(Repealed by No 131 of 2002)
History
S 17(1) and (2) substituted for s 17(1) to (6) by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 10 and 202, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
For provision relating to Act No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 202, see under s 17(1).
S 17(5) formerly read:
17(5)
The appointment of a person to act as Inspector-General or Official Receiver ceases to have effect if he or she resigns his or her appointment by writing signed by him or her and delivered to the Secretary to the Department.
17(6)
(Repealed by No 131 of 2002)
History
S 17(1) and (2) substituted for s 17(1) to (6) by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 10 and 202, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
For provision relating to Act No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 202, see under s 17(1).
S 17(6) formerly read:
17(6)
While a person is acting as Inspector-General or Official Receiver, he or she has and may exercise all the powers, and shall perform all the functions and duties, of the Inspector-General or Official Receiver, as the case may be, under this Act or any other law of the Commonwealth.
17(7)
(Repealed by No 46 of 2011)
History
S 17(7) repealed by No 46 of 2011, s 3 and Sch 2 item 290, effective 27 December 2011. For saving and transitional provisions, see note under s 17(1). S 17(7) formerly read:
17(7)
The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there is a defect or irregularity in or in connection with his or her appointment, that the appointment had ceased to have effect or that the occasion for him or her to act had not arisen or had ceased.
S 17(7) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 11 and 202, by substituting
"
this section
"
for
"
subsection (1)
"
, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
For provision relating to Act No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 202, see under s 17(1).
S 17 substituted by No 12 of 1980, s 12; amended by No 21 of 1985, s 7.
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