(1) The Minister may:
(a) appoint a person to act as a full - time member during any period when there are less than 8 persons who are members or are acting as members in accordance with this paragraph or paragraph (b); or
(b) appoint a person to act as a part - time member during any period when there are less than 8 persons who are members or are acting as members in accordance with this paragraph or paragraph (a) and there are at least 3 persons who are full - time members or are acting as members in accordance with paragraph (a); or
(c) appoint a person to act as a full - time member or as a part - time member during any period when a full - time member (other than the Chairperson or a Deputy Chairperson) or a part - time member, as the case may be, is absent from office, is acting as a Deputy Chairperson in accordance with section 118 or, in the case of a part - time member, is, for any reason, unable to perform the functions of his or her office.
(2) Except so far as the contrary intention appears, a reference in this Act to a member of ASIC includes a reference to a person who is acting as a member under subsection (1).
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .