Aboriginal Heritage Regulations 1974

If 1 or both chairpersons of the Committee are unable or unavailable to act because of illness, absence or other cause, or if there are no chairpersons or there is only 1 chairperson, the Committee may recommend to the Minister that a member or members of the Committee act as chairperson or chairpersons.

If a recommendation is made under subregulation (1), the Minister may —

appoint the recommended member or members of the Committee to act temporarily as chairperson or chairpersons; or

appoint another member or other members of the Committee to act temporarily as chairperson or chairpersons.

In regulations 35 and 38 a reference to a chairperson includes a reference to a person acting as a chairperson in accordance with an appointment under subregulation (2).

While acting in accordance with an appointment under subregulation (2), the member acting as a chairperson is taken to be, and to have any entitlement of, a chairperson.

An act or omission of a Committee member acting as a chairperson cannot be questioned on the ground that the occasion to act had not arisen or had ceased.