Commonwealth Consolidated Acts

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HIGH COURT OF AUSTRALIA ACT 1979 - SECT 25

Acting Chief Executive and Principal Registrar

  (1)   The High Court may appoint a person to act as Chief Executive and Principal Registrar:

  (a)   during a vacancy in the office of Chief Executive and Principal Registrar, whether or not an appointment has previously been made to the office; or

  (b)   during any period, or during all periods, when the Chief Executive and Principal Registrar is absent from duty or from Australia or is, for any other reason, unable to perform the duties of his or her office;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

  (2)   An appointment of a person under subsection   ( 1) may be expressed to have effect only in such circumstances as are specified in the instrument of his or her appointment.

  (3)   The Court may:

  (a)   determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Chief Executive and Principal Registrar; and

  (b)   terminate such an appointment at any time.

  (4)   Where a person is acting as Chief Executive and Principal Registrar in accordance with paragraph   ( 1)(b) and the office of Chief Executive and Principal Registrar becomes vacant while that person is so acting, then, subject to subsection   ( 2), that person may continue so to act until the Court otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

  (5)   The appointment of a person to act as Chief Executive and Principal Registrar ceases to have effect if he or she resigns his or her office by writing signed by him or her and delivered to the Chief Justice.

  (6)   While a person is acting as Chief Executive and Principal Registrar, he or she has and may exercise all the powers of, and shall perform all the functions of, the Chief Executive and Principal Registrar under this Act or any other law.

  (7)   The validity of anything done by a person purporting to act under subsection   ( 1) shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there is a defect or irregularity in or in connection with his or her appointment, that the appointment had ceased to have effect or that the occasion for him or her to act had not arisen or had passed.


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