Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may appoint a person to act as Commissioner:
(a) during a vacancy in the office of Commissioner; or
(b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Commissioner;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(3) The Minister may:
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Commissioner; and
(b) terminate such an appointment at any time.
(4) Where a person is acting as Commissioner in accordance with paragraph (1)(b) and the office of Commissioner becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(5) A person appointed to act as Commissioner may resign by writing signed by the person and delivered to the Minister.
(6) While a person is acting as Commissioner, the person has and may exercise all the powers, and shall perform all the functions, of the Commissioner under this Act or any other law.
(7) Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the grounds that:
(a) the occasion for the person's appointment had not arisen;
(b) there is a defect or irregularity in connection with the person's appointment;
(c) the person's appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
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