36F

Acting Commissioners

Current

(1)

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

(a)

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

(b)

during any period, or during all periods, when a Commissioner:

(i)

is absent from duty or 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)

A person must not be appointed to act as a Commissioner unless the Minister is satisfied that the person is qualified, as mentioned under paragraph 36E(2)(b), to be appointed as a Commissioner.

(3)

Despite subsections 36E(4), (6) and (7), a person may be appointed to act as a Commissioner (including as the Chair Commissioner) if the person has previously been appointed as a Commissioner (including as the Chair Commissioner).

This Act’s bill:Explanatory memorandum Second reading speech

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