Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may appoint a person to act as the Director of Military Prosecutions:
(a) during a vacancy in the office, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when the Director of Military Prosecutions is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of his or her office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .
(3) The Minister must not appoint a person to act as the Director of Military Prosecutions unless:
(a) the person is enrolled as a legal practitioner and has been so enrolled for not less than 5 years; and
(b) the person is a member of the Permanent Navy, the Regular Army or the Permanent Air Force or is a member of the Reserves who is rendering continuous full - time service; and
(c) the person holds a rank not lower than the naval rank of commander or the rank of lieutenant - colonel or wing commander.