PART 8
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ADMINISTRATIVE PROVISIONS
Division 1
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Administrative provisions relating to Tribunal Chairperson and Deputy Chairperson
History
Div 1 heading amended by No 144 of 1995.
SECTION 54
ACTING TRIBUNAL CHAIRPERSON OR DEPUTY CHAIRPERSON
54(1)
[Vacancy or absence of Chairperson]
The Minister may appoint a person who is eligible to be appointed as Tribunal Chairperson to act as Tribunal Chairperson:
(a)
during a vacancy in the office of Tribunal Chairperson (whether or not an appointment has previously been made to the office); or
(b)
during any period, or during all periods, when the Tribunal Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Tribunal Chairperson.
Note:
For rules that apply to acting appointments, see section
33A
of the
Acts Interpretation Act 1901
.
History
S 54(1) amended by No 46 of 2011, s 3 and Sch 2 item 1097, by inserting a 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.
54(1A)
[Vacancy or absence of Deputy Chairperson]
The Minister may appoint a person who is eligible to be appointed as Tribunal Deputy Chairperson to act as Tribunal Deputy Chairperson:
(a)
during a vacancy in the office of Tribunal Deputy Chairperson (whether or not an appointment has previously been made to the office); or
(b)
during any period or during all periods when the Tribunal Deputy Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Tribunal Deputy Chairperson.
Note:
For rules that apply to acting appointments, see section
33A
of the
Acts Interpretation Act 1901
.
History
S 54(1A) amended by No 46 of 2011, s 3 and Sch 2 item 1097, by inserting a note at the end, effective 27 December 2011. For saving and transitional provisions see note under s 54(1).
S 54(1A) inserted by No 144 of 1995.
54(2)
[Disclosure of interest by Chairperson]
The Minister may appoint a person who is eligible to be appointed as Tribunal Chairperson to act as Tribunal Chairperson in relation to a particular complaint where the Tribunal Chairperson has given a notice under subsection
10(1)
.
Note:
For rules that apply to acting appointments, see section
33A
of the
Acts Interpretation Act 1901
.
History
S 54(2) amended by No 46 of 2011, s 3 and Sch 2 item 1097, by inserting a note at the end, effective 27 December 2011. For saving and transitional provisions see note under s 54(1).
54(2A)
[Disclosure of interest by Deputy Chairperson]
The Minister may appoint a person who is eligible to be appointed as Tribunal Deputy Chairperson to act as Tribunal Deputy Chairperson in relation to a particular complaint if the Tribunal Deputy Chairperson has given a notice under subsection
10(1)
.
Note:
For rules that apply to acting appointments, see section
33A
of the
Acts Interpretation Act 1901
.
History
S 54(2A) amended by No 46 of 2011, s 3 and Sch 2 item 1097, by inserting a note at the end, effective 27 December 2011. For saving and transitional provisions see note under s 54(1).
S 54(2A) inserted by No 144 of 1995.
54(3)
(Repealed by No 46 of 2011)
History
S 54(3) repealed by No 46 of 2011, s 3 and Sch 2 item 1098, effective 27 December 2011. For saving and transitional provisions see note under s 54(1). S 54(3) formerly read:
54(3)
Anything done by or in relation to a person purporting to act under subsection (1), (1A), (2) or (2A) is not invalid on the ground that:
(a)
the occasion for the person's appointment has not arisen; or
(b)
there is a defect or irregularity in connection with the person's appointment; or
(c)
the person's appointment had ceased to have effect; or
(d)
the occasion for the person to act had not arisen or had ceased.
S 54(3) amended by No 144 of 1995.
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