Acts Interpretation Amendment Act 2011 (46 of 2011)

Schedule 1   Main amendments

Acts Interpretation Act 1901

76   Subsection 33A(2)

Repeal the subsection, substitute:

Acting by operation of law

(2) If a provision of an Act provides for a person to act in a particular office (without the need for an appointment), then, except so far as the Act otherwise provides, while the person is acting in the office:

(a) the person has and may exercise all the powers, and must perform all the functions and duties, of the holder of the office; and

(b) the Act or any other Act applies in relation to the person as if the person were the holder of the office.

(3) Anything done by or in relation to a person purporting to act in the office mentioned in subsection (2) is not invalid merely because the occasion to act had not arisen or had ceased.


(4) In this section:

office includes a position occupied by an APS employee.

Note 1: The heading to section 33A is replaced by the heading “ Acting in offices or positions ”.

Note 2: The following heading to subsection 33A(1) is inserted “Acting appointments”.