Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p46
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 112405–115071

or to fill a vacancy in the office of such a Commissioner, unless the person would be eligible to be appointed to the office held or formerly held by that Commissioner.
"(5) An appointment under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
"(6) The Minister may—
     (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and
     (b) at any time terminate such an appointment.
"(7) Where a person is acting as Managing Director in the circumstances described in paragraph (1) (b), or as a part-time Commissioner in the circumstances described in paragraph (3) (b), and the office of Managing Director or of that part-time Commissioner, as the case may be, becomes vacant while that person is so acting, then, subject to sub-section (5), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.
"(8) The appointment of a person under this section ceases to have effect if the person resigns his or her appointment by writing signed by the person and delivered to the Minister.
"(9) While a person is acting as Managing Director or as a part-time Commissioner under this section, that person has and may exercise all the powers, and shall perform all the functions, of the Managing Director or that part-time Commissioner, as the case may be.
"(10) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for that person's appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for that person to act had not arisen or had ceased.

Acting Chief Commissioner and Deputy Chief Commissioner
"17. (1) Where the Chief Commissioner is absent from duty or from Australia or there is a vacancy in the office of Chief Commissioner, the Deputy Chief Commissioner shall act as the Chief Commissioner during the absence or until the filling of the vacancy.
"(2) Where the Deputy Chief Commissioner is, or is expected to be, absent from duty or from Australia or there is, or is expected to be, a vacancy in the office of Deputy Chief

SCHEDULE 1—continued
Commissioner, the Minister may appoint another Commissioner to act as the Deputy Chief Commissioner during the period of the absence or until the filling of the vacancy.
"(3) If the Deputy Chief Commissioner is at