57Acting appointments

57 Acting appointments

(1) Where there is a vacancy in an office of Commissioner, the Minister may appoint a person to act as a Commissioner until the filling of the vacancy, but a person so appointed shall not continue so to act after the expiration of the period of 12 months after the occurrence of the vacancy. (2) Where a Commissioner is, or is expected to be, absent from Australia or is unable, whether on account of illness or otherwise, to perform the duties of his or her office, the Minister may appoint a person to act as a Commissioner during the period during which the Commissioner is so absent or so unable to perform the duties of his or her office. (3) Subject to subsection (4), a person appointed to act as a Commissioner in accordance with this section has all the functions, powers and duties of the Commissioner in whose place the person is appointed to act. (4) A person referred to in subsection (3) does not have the powers conferred on a Commissioner by section 54 or 54A unless the person is or has been a Judge. (5) The Minister may: (a) subject to this Act and having regard to the terms and conditions of appointment applicable to a Commissioner, 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. (6) A person appointed under this section may resign his or her appointment by signed writing delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister. (7) A reference in subsection (4) to a Judge is a reference to: (a) a Judge of the Supreme Court of the Northern Territory or a person appointed as an additional Judge, or a person acting as a Judge, of that Court; or (b) a Judge, or a person acting as a Judge, of a court created by Parliament.