PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 101 Acting Commissioner

PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 101

    (1)     The Governor in Council may appoint an eligible person to act as the Commissioner—

        (a)     during a vacancy in the office of the Commissioner; or

        (b)     during any period, or all periods, when the Commissioner is absent from duty or from the State or, for another reason, cannot perform the functions of the office.

    (2)     A person is not eligible for appointment to act as the Commissioner if the person is a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory.

    (3)     An appointment under subsection (1) is for the period, not exceeding 6 months, set out in the instrument of appointment.

    (4)     The Governor in Council may at any time remove the acting Commissioner from office.

    (5)     While a person is acting in the office of the Commissioner, the person—

        (a)     has, and may exercise, all the powers and must perform all the duties of that office under this Act; and

        (b)     is entitled to be paid the remuneration and allowances that the Commissioner would have been entitled to for performing those duties.