Commonwealth Consolidated Acts

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Deputy Division heads

Assignment of deputy Division heads

             (1)  The Minister may assign a Deputy President or a senior member to be a deputy head of one or more Divisions of the Tribunal.

             (2)  Before the Minister does so, the Minister must consult:

                     (a)  the President; and

                     (b)  any Minister required by sections 17D to 17H to be consulted in relation to the assignment of a member to the Division.

             (3)  The Minister must not assign a person to be a deputy head of a Division if the person could not be assigned to that Division because of section 17CA, subsection 17E(2) or section 17F.

             (4)  If the assignment is made in writing, the assignment is not a legislative instrument.

             (5)  An assignment under subsection (1):

                     (a)  must be for the duration, or the remaining duration, of the person's appointment as a Deputy President or senior member; and

                     (b)  may be varied, with the person's consent; and

                     (c)  cannot be revoked.

Function of deputy Division heads

             (6)  A deputy head of a Division has the function of assisting the head of the Division in the performance of the head of the Division's functions.

Acting deputy Division heads

             (7)  The Minister may, by written instrument, assign a member to act as a deputy head of a Division during any period, or during all periods, when a deputy head of the Division is absent from duty or from Australia or when there is no deputy head of the Division. Such an assignment is taken to be an appointment to act for the purposes of the Acts Interpretation Act 1901 .

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