Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 648

Appointment of acting Deputy Presidents and Commissioners

Appointment by Governor-General

             (1)  The Governor-General may, by written instrument, appoint a person who is qualified for appointment as a Deputy President to act as a Deputy President for a specified period (including a period that exceeds 12 months).

Note:          See also section 33A of the Acts Interpretation Act 1901 , which contains extra rules about acting appointments.

          (1A)  The Governor-General may, by written instrument, appoint a person who is qualified for appointment as a Commissioner to act as a Commissioner for a specified period (including a period that exceeds 12 months).

Note:          See also section 33A of the Acts Interpretation Act 1901 , which contains extra rules about acting appointments.

             (2)  Before the Governor-General appoints a person under subsection (1) or (1A), the Minister must be satisfied that the appointment is necessary to enable the FWC to perform its functions effectively.

No invalidity

             (3)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

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

Not disqualified

             (4)  A person is not disqualified from being appointed under subsection (1) or (1A) merely because the person is over 65.



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