Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by written instrument, appoint a person to act as a NACC Commissioner:
(a) during a vacancy in the office of the NACC Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the NACC Commissioner:
(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 .
Qualification for acting appointment
(2) A person must not be appointed to act as a NACC Commissioner unless:
(a) if the person is to act as the Commissioner--the person is qualified, as mentioned under subsection 241(3), to be appointed as the Commissioner; or
(b) if the person is to act as a Deputy Commissioner--the person is qualified, as mentioned under subsection 242(3) or (4) (as the case requires), to be appointed as a Deputy Commissioner.