Text as at 1 May 2026
This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

41AA Acting appointments

If a provision of an Act (other than section 41 of this Act) or of a subordinate instrument confers on a person or body (the appointer) a power to appoint a person (the appointee) to act in a particular office, then, except so far as the Act or subordinate instrument otherwise provides—
S. 41AA inserted by No. 84/1997 s. 51.
(a)the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment or in relation to a particular function or duty or on a particular occasion or in relation to a particular matter;
(b)the appointer—
(i)may determine the terms and conditions of the appointment, including remuneration and allowances (if any);
(ii)may terminate the appointment at any time;
(c)if the office is, or becomes, vacant while the appointee is acting, the appointee may, subject to paragraph (a), continue to act until— whichever first occurs;
(i)the appointer otherwise directs; or
(ii)a person is appointed to the office or the vacancy is filled—
(e)the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer;
(f)while the appointee is acting in the office, then, subject to the terms and conditions of the appointment—
(i)the appointee has and may exercise— as the case requires; and
(A)all the powers, and shall perform all the functions and duties, of the holder of the office; or
(B)all the powers of the holder of the office necessary for performing the particular function or duty for which the appointment is made
(ii)this or any other Act applies in relation to the appointment as if the appointee were the holder of the office.