(1) The Minister may appoint a person to act as Director - General:
(a) during a vacancy in the office of Director - General; or
(b) during any period, or during all periods, when the Director - General is absent from duty or from Australia or is, for any reason, unable to perform the functions of his or her office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) Before a recommendation is made to the Minister for the appointment of a person, under subsection (1), to act as Director - General, the Prime Minister shall consult with the Leader of the Opposition in the House of Representatives, unless it is impracticable to do so.
(3) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(4) The Minister may:
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Director - General; and
(b) at any time terminate such an appointment.
(5) Where a person is acting as Director - General in accordance with paragraph (1)(b) and the office of Director - General becomes vacant while that person is so acting, that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(6) The appointment of a person to act as Director - General ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.
(7) While a person is acting as Director - General, he or she has, and may exercise, all the powers and shall perform all the functions of the Director - General.