Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may appoint a person to act as the Commissioner:
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the 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 section 33A of the Acts Interpretation Act 1901 .
(2) A person is not eligible for appointment to act as the Commissioner unless the person is eligible for appointment as the Commissioner.