(1) The Minister may, by written instrument, appoint a person to act as a Panel member:
(a) during a vacancy in the office of the Panel member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Panel member:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
(2) When appointing a person to act as a Panel member, the Minister must have regard to the matters in subsection 167(2).
Note 1: A Commissioner cannot be appointed to act as a Panel member (see subsection 170(2)).
Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .