s 26

Acting appointments

In force

(1)

The Minister may, by written instrument, appoint a person to act as the National Commissioner:

(a)

during a vacancy in the office (whether or not an appointment has previously been made to the office); or

(b)

during any period, or during all periods, when the National Commissioner:

(i)

is absent from duty or from Australia; or

(ii)

is, for any reason, unable to perform the duties of the office.

Note:

For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

(2)

The Minister must not appoint a person to act as the National Commissioner unless the Minister is satisfied that the person:

(a)

is an Aboriginal person and/or a Torres Strait Islander; and

(b)

identifies as an Aboriginal person and/or a Torres Strait Islander; and

(c)

is accepted by the person’s community as being an Aboriginal person and/or a Torres Strait Islander.

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