Acting Chief Commissioner
(1) The Minister may, by written instrument, appoint a Commissioner to act as the Chief Commissioner:
(a) during a vacancy in the office of the Chief Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chief Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Acting Commissioner
(2) The Minister may, by written instrument, appoint a person to act as a Commissioner (other than the Chief Commissioner):
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Requirements before appointing a person to act
(3) A person may only be appointed to act as the Chief Commissioner, or as a Commissioner, if:
(a) the Minister is satisfied that the person has appropriate qualifications, knowledge or experience; and
(b) the Minister has consulted the Research Minister about the proposed appointment.
Validation
(4) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: For further provisions about acting appointments, see the Acts Interpretation Act 1901 .