(1) Where there is, or is expected to be, a vacancy in the office of Chairperson, the Governor General may appoint a person to act as Chairperson until the filling of the vacancy.

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

(2) Where the Chairperson is absent from duty or from Australia:

(a) if there are 2 Deputy Chairpersons available to act as Chairperson, the Minister may appoint 1 of them to act as Chairperson during the absence of the Chairperson; or

(b) if there is only 1 Deputy Chairperson available to act as Chairperson, that Deputy Chairperson is to act as Chairperson during the absence of the Chairperson; or

(c) if there are no Deputy Chairpersons or none of the Deputy Chairpersons are available to act as Chairperson, the Minister may appoint a member of the Commission to act as Chairperson during the absence of the Chairperson, but any such appointment ceases to have effect if a person is appointed as a Deputy Chairperson or a Deputy Chairperson becomes available to act as Chairperson.

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

(3) A person acting as Chairperson shall act in that capacity on such terms and conditions as the Governor General determines and has all the powers and duties, and shall perform all the functions, conferred on the Chairperson by this Act.

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

Added at the end of (1): "Note:  For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901."

Repealed: "(1A) A person appointed under subsection (1) to act during a vacancy shall not continue so to act for more than 12 months."

Added at the end of (2): "Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901."

Forthcoming