(1) The Minister is to appoint a part - time commissioner (other than the Chairperson) to be the Deputy Chairperson of the Commission .
(2) The Minister must, before appointing a person to be the Deputy Chairperson, consult with the Chairperson of the Commission .
(3) The Minister may at any time terminate an appointment made under subsection ( 1).
(4) A person appointed as Deputy Chairperson ceases to hold the office if the person ceases to be a part - time commissioner .
(5) A person appointed as Deputy Chairperson may resign by giving to the Minister a signed notice of resignation.
(6) During any period when:
(a) the office of Chairperson of the Commission is vacant (whether or not an appointment has previously been made to the office); or
(b) the Chairperson of the Commission is absent from Australia or is, for any reason, unable to perform the duties of the office;
the Deputy Chairperson is to act as Chairperson.
Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901 .
(7) The Deputy Chairperson has, when acting as Chairperson, all the powers, duties, rights and entitlements of the Chairperson of the Commission .