Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
appoint a person who is eligible for appointment as Commissioner to act in the
office of Commissioner —
(a)
during a vacancy in that office;
(b)
during any period or during all periods when the person holding the office of
Commissioner, or a person appointed under this subsection, is unable to
perform the functions of that office or is absent from the State; or
(c) in
relation to any matter in respect of which the person holding the office of
Commissioner, or a person appointed under this subsection, has under
section 13 declared himself or herself unable to act.
(2) An appointment
under this section —
(a) may
be made at any time and may be terminated at any time by the Governor; and
(b) may
be expressed to have effect only in the circumstances specified in the
instrument of appointment.
(2a) The process for
nomination and consultation with regard to the appointment of a person to act
in the office of Commissioner shall be the same as that for the appointment of
the Commissioner except that —
(a) the
process may be carried out prospectively even though the necessity for an
appointment has not arisen;
(b) it
may be carried out with respect to a number of persons each of whom is
eligible to be appointed should the necessity arise; and
(c) any
bipartisan support for a person lapses on the expiration of 12 months
from the date of the resolution.
(3) Subject to this
Act, the terms and conditions of appointment, including remuneration and other
entitlements, of a person acting under this section are to be as determined
from time to time by the Governor.
(4) A person acting
under this section for the reason mentioned in subsection (1)(c) may
perform functions of the Commissioner in relation to the matter for which he
or she is appointed even though the Commissioner is at the same time
performing other functions of the office.
(5) If a person is
acting under this section for the reason mentioned in subsection (1)(c),
a reference to the Commissioner in a provision of this Act that is relevant to
the performance by that person of a function of the Commissioner in relation
to the matter for which that person is appointed includes a reference to that
person.
(6) The validity of
anything done by or in relation to a person purporting to act under this
section is not to be called into question on the ground that —
(a) the
occasion for an appointment under this section had not arisen;
(b)
there is a defect or irregularity in the appointment;
(c) the
appointment had ceased to have effect; or
(d) the
occasion for the person to act had not arisen or had ceased.
[Section 14, formerly section 12,
amended by No. 78 of 2003 s. 10 and 35(13); renumbered as section 14
by No. 78 of 2003 s. 35(1).]