Document ID: chunk:federal_register_of_legislation:C2025C00141:section:212:p1
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 212 (pt 1/2)
Character Range: 276206–278776

212  Acting appointments

President
 (1) The 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.
 (2) A person must not be appointed to act as the President unless:
 (a) the person is qualified, as mentioned in subsection 205(3), to be appointed as the President; and
 (b) the Minister has consulted the Chief Justice of the Federal Court.

Other members
 (3) The Minister may, at the request of the President and by written instrument, appoint a person to act as a member other than the President:
 (a) during a vacancy in the office of a member other than the 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:
 (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.
 (4) A person must not be appointed to act as a member other than the President unless:
 (a) if the person is to act as a Judicial Deputy President:
 (i) the person is qualified, as mentioned in subsection 206(3), to be appointed as a Judicial Deputy President; and
 (ii) the Minister has consulted the Chief Justice of the court of which the person is a Judge; or
 (b) if the person is to act as a Non‑Judicial Deputy President—the person is qualified, as mentioned in subsection 207(3), to be appointed as a Non‑Judicial Deputy President; or
 (c) if the person is to act as a senior member—the person is qualified, as mentioned in subsection 208(3), to be appointed as a senior member; or
 (d) if the person is to act as a general member—the person is qualified, as mentioned in subsection 208(4), to be appointed as a general member.

Extension of acting appointment
 (5) If a person has been appointed under this section to act as a member, the Minister may extend the person's appointment if the Minister is satisfied that it is necessary to do so by reason of a pending proceeding or other special circumstances.
 (6) The extension must be made:
 (a)