The Minister may appoint a person who is engaged under the Public Service Act 1999 to act as the Registrar or as a Deputy Registrar during any period, or during all periods, when:

(a) the Registrar or that Deputy Registrar, as the case may be, is absent from duty or from Australia or is, for any other reason, unable to perform the duties and functions of his or her office; or

(b) there is a vacancy in the office of Registrar or in that office of Deputy Registrar, as the case may be.

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

Amended by the Acts Interpretation Amendment Act 2011 (Act 46 of 2011)

"418  At the end of subsection 44A(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

419  Subsections 44A(2) to (6)

Repeal the subsections."

Note: immediately before they was repealed these subsections read as follows:

(2) A person acting as the Registrar or as a Deputy Registrar by reason of a vacancy in the office of Registrar or of that Deputy Registrar shall not continue so to act after the expiration of 12 months after the occurrence of the vacancy.

(3) A person appointed to act as the Registrar or as a Deputy Registrar has, while acting as the Registrar or as that Deputy Registrar, as the case may be, all the duties and functions of the Registrar or of that Deputy Registrar, and references in this Act to the Registrar or to a Deputy Registrar shall:

(a) if a person is acting as the Registrar - be read as a reference to the person so acting; or

(b) if a person is acting as a Deputy Registrar - be read as including a reference to the person so acting.

(4) The Minister may at any time terminate an appointment of a person to act as the Registrar or as a Deputy Registrar.

(5) A person who holds an appointment to act as the Registrar or as a Deputy Registrar may resign his or her appointment by writing under his or her hand delivered to the Minister.

(6) The validity of an act done by a person appointed to act as the Registrar or as a Deputy Registrar shall not be questioned in any proceeding on a ground arising from the fact that the occasion for the appointment, or for him or her to act under the appointment, had not arisen or that the appointment had ceased to have effect or the occasion for him or her to act under the appointment had passed.

Forthcoming