Appointment generally
(1) The Minister may, by written instrument, appoint a person to act as the Director - General of ASD:
(a) during a vacancy in the office of the Director - General (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Director - General:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
Appointment while under command
(2) If:
(a) a person is appointed to act as the Director - General of ASD under subsection (1); and
(b) the person is under the command of the Chief of the Defence Force under the Defence Act 1903 ;
then, the person must perform the duties of the office of the Director - General consistently with this Act during the period of the appointment, even though the person is under the command of the Chief of the Defence Force.