(1) The Minister may appoint a person to act in the office of Commonwealth Ombudsman:
(a) during a vacancy in that office, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when the Ombudsman 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 .
(1A) The Minister may appoint a person to act in an office of Deputy Commonwealth Ombudsman:
(a) during a vacancy in that office, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when a Deputy Ombudsman is absent from duty or from Australia or is, for any other reason, unable to perform the functions of Deputy Ombudsman.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .
(3) If a Deputy Commonwealth Ombudsman is at any time appointed to act in the office of Commonwealth Ombudsman, his or her office shall, during the period of his or her appointment, be deemed, for the purposes of this section, to be vacant.
(7) Sections 25 and 26 apply in relation to a person appointed under this section in like manner as they apply in relation to an Ombudsman.