(1) The Governor in Council, on the recommendation of the Minister, may appoint an eligible person to act as the Privacy and Data Protection Deputy Commissioner—
(a) during a vacancy in the office of the Deputy Commissioner; or
(b) during any period, or all periods, when the Deputy 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 Privacy and Data Protection Deputy Commissioner if the person is—
(a) a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or
(b) a member of a council.
(3) An appointment under subsection (1) is for the period, not exceeding 12 months, set out in the instrument of appointment.
(4) The Governor in Council, on the recommendation of the Minister, may at any time remove the acting Privacy and Data Protection Deputy Commissioner from office.
(5) While a person is acting in the office of the Privacy and Data Protection Deputy Commissioner, the person—
(a) has, and may exercise, all the powers and must perform all the duties of that office under this Act and any other Act; and
(b) is entitled to be paid the remuneration and allowances that the Privacy and Data Protection Deputy Commissioner would have been entitled to for performing those duties.
S. 8N inserted by No. 20/2017 s. 80.