New South Wales Consolidated Acts

CONSTITUTION ACT 1902 - SECT 9D

9D Deputy for Governor during short illness or absence

(1) In the event that:

(a) the Governor is to be absent from the State or absent from Sydney but not the State or is suffering from illness, and

(b) the Governor has reason to believe that the duration of the absence or illness will not exceed 4 weeks,

the Governor may, by instrument in writing, appoint the Lieutenant-Governor or Administrator to be the Governor’s deputy during that absence or illness and in that capacity to exercise and perform on behalf of the Governor such of the powers and functions of the Governor as are specified or described in the instrument during the period specified or described in the instrument.

(2) The Administrator shall not be appointed as deputy under this section unless there is a vacancy in the office of Lieutenant-Governor or the Lieutenant-Governor is unavailable.

(3) The Governor shall not appoint a deputy under this section unless:

(a) the Premier has concurred in the appointment of the deputy, or

(b) in the event that the Premier is not able to be contacted to obtain concurrence-the next most senior Minister of the Crown (if any) who is able to be contacted has concurred in the appointment of the deputy, or

(c) neither the Premier nor any other Minister of the Crown is able to be contacted to obtain concurrence.

(4) The appointment of a person as deputy under this section may be revoked by the Governor at any time.

(5) The powers and functions of the Governor shall not be abridged, altered or in any way affected by the appointment of a person as deputy under this section.