Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The Deputy Chief Justice may act as Chief Justice:
(a) during a vacancy in the office of Chief Justice (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chief Justice:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
(2) The Minister may, by written instrument, appoint a Judge to act as the Chief Justice:
(a) during a vacancy in the offices of Chief Justice and Deputy Chief Justice (whether or not an appointment has previously been made to either office); or
(b) during any period, or all periods, when both the Chief Justice and Deputy Chief Justice are unavailable because:
(i) either or both Justices are absent from duty; or
(ii) either or both Justices are absent from Australia; or
(iii) either or both Justices are, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
(3) A person who is acting as Chief Justice is to be called Acting Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).