Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by written instrument, appoint a person to act as a Commissioner:
(a) during a vacancy in the office of a Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when a Commissioner:
(i) is absent from duty or 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 .
(2) A person must not be appointed to act as a Commissioner unless the Minister is satisfied that the person is qualified, as mentioned under paragraph 36E(2)(b), to be appointed as a Commissioner.
(3) Despite subsections 36E(4), (6) and (7), a person may be appointed to act as a Commissioner (including as the Chair Commissioner) if the person has previously been appointed as a Commissioner (including as the Chair Commissioner).