Office of National Intelligence Act 2018

The Prime Minister may, by written instrument, appoint a person to act as the Director‑General:

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

during any period, or during all periods, when the Director‑General:

is absent from duty or from Australia; or

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

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

Before the appointment of a person under subsection (1) to act as the Director‑General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives, unless it is impracticable to do so.