Document ID: chunk:federal_register_of_legislation:C2024C00224:section:115a
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 115A
Character Range: 484260–486419

115A  Acting appointments

President
 (1) The Commonwealth Minister may, by written instrument, appoint a person to act as the President:
 (a) during a vacancy in the office of President (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when the President:
 (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 sections 33AB and 33A of the Acts Interpretation Act 1901.

Deputy President
 (2) The Commonwealth Minister may, by written instrument, appoint a person to act as a Deputy President:
 (a) during a vacancy in the office of a Deputy President (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when a Deputy President:
 (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 sections 33AB and 33A of the Acts Interpretation Act 1901.

Non‑presidential members
 (3) The Commonwealth Minister may, by written instrument, appoint a person to act as a member other than the President or a Deputy President:
 (a) during a vacancy in the office of a member other than the President or a Deputy President (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when a member other than the President or a Deputy President:
 (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 sections 33AB and 33A of the Acts Interpretation Act 1901.

Qualifications
 (4) A person must not be appointed to act in an office under this section unless the person may be appointed to that office under section 110.

Terms and conditions
 (5) A person (other than a Judge or an assessor) appointed to act in an office under this section is to act on such terms and conditions as the Minister determines in writing.