Acts Interpretation Act 1931

Where an Act confers a power to make any appointment to an office or a position, the power includes a power – to suspend or remove a person appointed under that power; to reinstate or reappoint any person so suspended or removed; to appoint some other person, temporarily, in the place of the person so suspended or removed; or to appoint some other person, temporarily, to the office or position – where a person previously appointed is, for any reason, unable to carry out the duties of the office or position; or where the office or position is vacant.

Where the power to appoint a person to an office or position is exercisable only on the recommendation, or with the approval or consent, of some other person, the powers conferred by subsection (1) are exercisable only on such a recommendation or, as the case may be, with such an approval or consent.

Any person appointed under a power referred to in subsection (1), by writing under his hand, addressed to the person who appointed him, may resign the office or position to which he was so appointed, and on acceptance of such resignation by the appointing person the office or position shall be vacated.

Where, under a power conferred by an Act, a person is appointed to an office or place for a fixed term, then, unless the contrary is expressly provided in that Act – he may be reappointed to that office or place at the expiration of that term if he is still qualified as prescribed by that Act; or if he is not so reappointed and no other person is appointed in his stead, the first-mentioned person may, until – the date on which some other person is appointed in his stead; or a date not later than 6 months after the expiration of that term – whichever is the earlier date, continue to exercise and perform all the powers, authorities, functions, and duties conferred or imposed upon, or appertaining to, the holder of that office or place as validly and effectually for all purposes as if he had been duly reappointed thereto.