Acting in offices or positions
33A Acting in offices or positions
Acting appointments
Where a provision of an Act (other than subsection 33(4) of this Act) confers on a person or body (in this section called the appointer) a power to appoint a person (in this section called the appointee) to act in a particular office, then, except so far as the Act otherwise provides, the following paragraphs apply in relation to an appointment made under the provision:
the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment;
the appointer may:
determine the terms and conditions of the appointment, including remuneration and allowances; and
terminate the appointment at any time;
where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months;
where the appointee is acting in an office other than a vacant office and the office becomes vacant while the appointee is acting, then, subject to paragraph (a), the appointee may continue so to act until:
the appointer otherwise directs;
the vacancy is filled; or
a period of 12 months from the day of the vacancy ends;
whichever happens first;
the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer;
while the appointee is acting in the office:
the appointee has and may exercise all the powers, and shall perform all the functions and duties, of the holder of the office; and
that or any other Act applies in relation to the appointee as if the appointee were the holder of the office.
Acting by operation of law
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:
the person has and may exercise all the powers, and must perform all the functions and duties, of the holder of the office; and
the Act or any other Act applies in relation to the person as if the person were the holder of the office.
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.
Definition
In this section:
office includes a position occupied by an APS employee.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.