Governance of Australian Government Superannuation Schemes Act 2011

The Minister may, by written instrument, appoint a person to act as a director:

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

during any period, or during all periods, when the director:

is absent from duty or from Australia; or

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

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

A person is not eligible for appointment to act as a director if the person’s appointment would result in a contravention of a SIS fitness and propriety standard.

In the case of an appointment under subsection (1), the Minister must consult the Defence Minister before appointing a person to act as a director.

The Minister must consult the Board about the person whom the Minister proposes to appoint to act as the Chair.

If:

a director is appointed following a nomination made by the President of the Australian Council of Trade Unions; and

a nomination is made by the President for a person to act in place of that director;

appoint the person who has been nominated to act as a director; and

appoint the person for the period specified in the nomination.

If:

a director is appointed following a nomination made by the Chief of the Defence Force; and

a nomination is made by the Chief for a person to act in place of that director;

appoint the person who has been nominated to act as a director; and

appoint the person for the period specified in the nomination.