The Agency Minister of an Executive Agency may appoint a person to act as Head of the Agency:
(a) if there is a vacancy in the office of Head, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Head is absent from duty or from Australia or 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 .