Credit (Amendment) Act (No 3) 1986 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Credit (Amendment) Ordinance (No. 3) 1986

No. 56 of 1986

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 18 September 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

G. SCHOLES

Minister of State for Territories

An Ordinance to amend the Credit Ordinance 1985

Short title

1.  This Ordinance may be cited as the Credit (Amendment) Ordinance (No. 3) 1986.¹

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Credit Ordinance 1985.²

Acting appointments

3.  Section 189 of the Principal Ordinance is amended—

(a)by omitting from sub-section (1) all words to and including “in paragraph 185 (1) (a)” and substituting “The Minister may appoint a person who is eligible for appointment as the member referred to in paragraph 185 (1) (a) to act as that member”;

(b)by inserting after sub-section (1) the following sub-sections:

“(1A) The Minister may appoint a person to act as a member referred to in paragraph 185 (1) (b) or (c)—

(a)during a vacancy in the office of the member; or

(b)during any period, or during all periods, when the member is absent from duty or from the Territory or is, for any other reason, unable to perform the functions of the office,

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

“(1B)  A person is not eligible to be appointed to act as the member referred to in paragraph 185 (1) (b) unless the person is eligible for appointment as that member.

“(1C)  A person is not eligible to be appointed to act as the member referred to in paragraph 185 (1) (c) unless the person is eligible for appointment as that member.”;

(c)by omitting from sub-section (2) “under sub-section (1)” and substituting “of a person under sub-section (1) or (1A)”;

(d)by omitting from sub-section (3) all words to and including “becomes vacant” and substituting—

“Where—

(a)a person is acting as the Chairman in accordance with paragraph (1) (b); or

(b)a person is acting as a member other than the Chairman in accordance with paragraph (1A) (b),

and that office becomes vacant”; and

(e)by omitting sub-sections (4), (5) and (6) and substituting the following sub-sections:

“(4) While a person is acting as Chairman or as a member other than the Chairman, the person has and may exercise all the powers, and shall perform all the functions, of the Chairman or that member, as the case may be, under this Ordinance or any other law in force in the Territory.

“(5) The Minister may at any time terminate the appointment of a person to act under this section.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 September 1986.

2. No. 5, 1985 as amended by Nos. 39 and 60, 1985; Nos. 29 and 30, 1986.