(1) The Minister 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 when the Commissioner is absent from duty or from the State or, for another reason, is unable to perform the functions and duties of the office.
(2) A person is not eligible to be appointed to act as the 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 Minister may at any time remove the acting Commissioner from office.
(5) While a person is acting in the office of the Commissioner the person has all the powers and may perform all the functions and duties of the Commissioner under this Act.