INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 30 Acting appointment
INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 30
Acting appointment(1) The Governor in Council may on the recommendation of the Minister appoint a person to act in the office of Commissioner or a Deputy Commissioner during—
(a) any vacancy (including an initial vacancy) in the office of the Commissioner or Deputy Commissioner; or
(b) any period when the person holding the office—
(i) is absent from duty; or
(ii) is for any other reason unable to perform the duties of the office.
(2) Subject to this section, a person appointed under subsection (1) can be appointed for a period not exceeding 6 months.
(3) Subject to subsection (4), an acting appointment or acting appointments in respect of each vacancy referred to in subsection (1)(a) or each period referred to in subsection (1)(b) must not exceed a total of 6 months in duration.
(4) An acting appointment or acting appointments in respect of each vacancy referred to in subsection (1)(a) or each period referred to in subsection (1)(b) must not exceed a total of 12 months in duration, if—
(a) a Deputy Commissioner or Deputy Commissioners are appointed to act; or
(b) the person appointed to act is a
person
who is eligible for appointment as the Commissioner under section 20;
or
(c) the person appointed to act is a person who, in the opinion of the Minister—
(i) has the experience and qualifications necessary to enable the IBAC to achieve the objects of this Act and perform its duties and functions; and
(ii) has prior
experience in a senior role
in a body with investigative functions,
intelligence gathering functions or substantially similar functions.
(5) A vacancy in the office of the Commissioner must be filled by a person appointed in accordance with section 20 within the period of 12 months after the vacancy occurred.
(6) The Governor in Council may at any time remove a person acting in the office of the Commissioner or a Deputy Commissioner from the office.
(7) While a person is acting in the office of Commissioner or Deputy Commissioner the person—
(a) has and may exercise all the powers, and must perform all the functions and duties, of that office; and
S. 30(7)(b) substituted by No. 30/2016 s. 10(1).
(b) is entitled to be paid the remuneration and allowances specified in the instrument of appointment of that person as acting Commissioner or acting Deputy Commissioner.
S. 30(8) repealed by No. 30/2016 s. 10(2).
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