Co-operatives National Law (NSW)

If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—

a person by name; or

a particular officer, or the holder of a particular office, by reference to the title of the office concerned;

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.

The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.

The appointee must not act for more than one year during a vacancy in the office.

If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—

the appointer otherwise directs; or

the vacancy is filled; or

the end of a year from the day of the vacancy;

The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.

While the appointee is acting in the office—

the appointee has all the powers and other functions of the holder of the office; and

this Law and other laws apply to the appointee as if the appointee were the holder of the office.

Anything done by or in relation to a person purporting to act in the office is not invalid merely because—

the occasion for the appointment had not arisen; or

the appointment had ceased to have effect; or

the occasion for the person to act had not arisen or had ceased.

If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.