42Acting appointments

#### 42 Acting appointments Chair (1) The Minister may appoint a person to act as the Chair: (a) during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Other Advisory Council members (2) The Minister may appoint a person to act as an Advisory Council member (other than the Chair): (a) during a vacancy in the office of an Advisory Council member (other than the Chair), whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an Advisory Council member (other than the Chair): (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Eligibility (3) A person is not eligible for appointment under subsection (1) or (2) unless the person is eligible for appointment as an Advisory Council member. > Note 1: For eligibility to be appointed as an Advisory Council member, see subsection 41(3). > Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.