Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:4_360cc
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 4 cl 360CC
Character Range: 300391–302308

360CC  Acting appointments

Acting by operation of law
 (1) The person acting as the Secretary is to act as the President:
 (a) during a vacancy in the office of the 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
 (ii) is, for any reason, unable to perform the duties of the office.
Note: For the appointment of a person to act as the Secretary, see section 61 of the Public Service Act 1999.

Acting appointments
 (2) Subject to subsection (3), the Minister may, by written instrument, appoint a person to act as an appointed Commissioner:
 (a) during a vacancy in the office of an appointed Commissioner (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when an appointed Commissioner:
 (i) is absent from duty; or
 (ii) is suspended under section 360CJ; or
 (iii) 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.
 (3) The Minister must not:
 (a) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(b) unless the person meets the requirements in subsection 360C(3); or
 (b) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(c) unless the person meets the requirements in subsection 360C(5); or
 (c) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(d) unless the person meets the requirements in subsection 360C(6); or
 (d) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(e) unless the person meets the requirements in subsection 360C(7); or
 (e) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(f) unless the person meets the requirements in subsection 360C(8).