New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 21AD

21AD Acting Electoral Commissioner

(1) Appointment by Governor-vacancy The Governor may appoint a person to act as Electoral Commissioner during a vacancy in the office of Electoral Commissioner. The person so appointed may act as Electoral Commissioner during such a vacancy, until a person is appointed to the office under section 21AA.

(2) Appointment by Minister-illness or absence The Minister may appoint a person to act as Electoral Commissioner during the illness or absence of the Electoral Commissioner. The person so appointed may act as Electoral Commissioner during such an illness or absence.

(3) Appointment by Electoral Commissioner-substitute to act during election period The Electoral Commissioner may appoint a member of the staff of the Commission to act as Electoral Commissioner in the event of a future vacancy in the office of Electoral Commissioner or in the event of a future illness or absence of the Electoral Commissioner occurring during an election period. The person so appointed may, during an election period, act as Electoral Commissioner:

(a) during such a vacancy, until a person is appointed by the Governor as or to act as Electoral Commissioner under section 21AA or under subsection (1), or

(b) during such an illness or absence, until a person is appointed by the Minister to act as Electoral Commissioner under subsection (2).

(4) Functions of person acting as Electoral Commissioner A person, while acting as Electoral Commissioner under this section, has and may exercise the functions of the Electoral Commissioner and is taken to be the Electoral Commissioner.

(5) Ineligibility for appointment A person who:

(a) is a member of a party, or

(b) has been a member of a party at any time during the period of 5 years immediately preceding the date of the proposed appointment,

cannot be appointed to act as Electoral Commissioner under this section.

(6) Notification of appointment of substitute The Electoral Commissioner must, as soon as practicable, advise the Minister of any appointment under subsection (3) or of the termination of any such appointment.

(7) Termination of appointment of member of staff The appointment of a person under subsection (3) terminates if the person ceases to be a member of the staff of the Commission.

(8) Remuneration A person, while acting as Electoral Commissioner under this section, is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person while so acting.

(9) Implied powers not affected Nothing in this section limits the application of section 47 of the Interpretation Act 1987 in relation to any appointment under this section.

(10) No inquiry into certain matters No person is to be concerned to inquire whether or not occasion has arisen authorising a person to be appointed to act as Electoral Commissioner, or authorising such a person to act as Electoral Commissioner, under this section.

(11) Definition of “election period” In this section:
"election period" means the period between the issue of the writ or writs for an election and the return of the writ or all the writs.