Electoral Act 1907

The Governor, on the recommendation of the Premier, may appoint an Acting Electoral Commissioner to act in the office of the Electoral Commissioner —

when the Electoral Commissioner is absent from duty for any reason or is absent from the State; or

when the Electoral Commissioner has been suspended; or

when the office of Electoral Commissioner is vacant.

Before making a recommendation under subsection (1) the Premier must consult with the parliamentary leader of each parliamentary party.

While the Acting Electoral Commissioner is so acting —

the Acting Electoral Commissioner may perform the functions of the Electoral Commissioner, and anything done by the Acting Electoral Commissioner in so performing those functions has the like effect as if it were done by the Electoral Commissioner;

any act or thing that is required under a written law to be done to, by reference to or in relation to the Electoral Commissioner must be regarded as effectually done if done to, by reference to or in relation to the Acting Electoral Commissioner.

The Governor, on the recommendation of the Premier, may appoint an Acting Deputy Electoral Commissioner to act in the office of the Deputy Electoral Commissioner —

when the Deputy Electoral Commissioner is absent from duty for any reason or is absent from the State; or

when the Deputy Electoral Commissioner is acting in the office of Electoral Commissioner under section 5H(2); or

when the Deputy Electoral Commissioner has been suspended; or

when the office of Deputy Electoral Commissioner is vacant.

Before making a recommendation under subsection (4) the Premier must consult with the parliamentary leader of each parliamentary party.

While the Acting Deputy Electoral Commissioner is so acting —

the Acting Deputy Electoral Commissioner may perform the functions of the Deputy Electoral Commissioner, and anything done by the Acting Deputy Electoral Commissioner in so performing those functions has the like effect as if it were done by the Deputy Electoral Commissioner;

any act or thing that is required under a written law to be done to, by reference to or in relation to the Deputy Electoral Commissioner must be regarded as effectually done if done to, by reference to or in relation to the Acting Deputy Electoral Commissioner.