Powers of appointment imply certain incidental powers
28 Powers of appointment imply certain incidental powers
If this Law authorises or requires a person or body to appoint a person to an office—
the power may be exercised from time to time as occasion requires; and
the power includes—
power to remove or suspend, at any time, a person appointed to the office; and
power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and
power to reinstate or reappoint a person removed or suspended; and
power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and
power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).
The power to remove or suspend a person under subclause (1) (b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.
The power to make an appointment under subclause (1) (b) may be exercised from time to time as occasion requires.
An appointment under subclause (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.
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