Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The Governor may, by instrument in writing, appoint a person who is a practitioner or barrister of not less than 5 years' standing to act in the office of the Chief Commissioner –
(a) during a vacancy in that office; or
(b) during any period, or during all periods, when the Chief Commissioner is absent from duty or from Tasmania or is, for any other reason, unable to perform the functions of his office.
(2) A person shall not be appointed under subsection (1) for a period exceeding 12 months.
(3) 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.
(4) A person appointed under subsection (1), to whom a matter has been referred whilst that person is acting in the office of the Chief Commissioner, may continue to hear and determine that matter notwithstanding that he has ceased to act in that office.
(5) The provisions of the State Service Act 2000 do not apply to or in respect of the appointment by the Governor of a person under subsection (1) and a person so appointed under that subsection is not, while he is acting in the office of Chief Commissioner pursuant to the appointment, subject to the provisions of that Act.
(6) Where a person is acting in the office of the Chief Commissioner in accordance with subsection (1)(b) and the office becomes vacant while that person is so acting, then, subject to subsection (3), that person may continue to act in the office until the Governor otherwise directs, the vacancy is filled, or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(7) The Governor may terminate the appointment of a person under this section at any time.
(8) The Governor may determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section.
(9) Where a person is acting in the office of the Chief Commissioner in pursuance of an appointment under this section, he has, and may exercise, all the powers, and he may perform all the functions, of the holder of that office under this Act or any other law.
(10) All things done or omitted to be done by a person acting in the office of the Chief Commissioner shall be as valid, and have the same consequences, as if they had been done or omitted to be done by the Chief Commissioner.
(11) The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect, or that the occasion for him to act had not arisen or had ceased.
(12) A person appointed under subsection (1) may at any time resign his office by writing under his hand delivered to the Governor.