Audit Act 1994
4Acting appointment
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4 Acting appointment
(1) The Governor in Council may appoint a person to act in the office of Auditor-General—
(a) during a vacancy in that office; or
(b) during any period, or during all periods, when the person holding that office is absent from duty or is, for any other reason, unable to perform the functions of that office—
but a person appointed to act during a vacancy must not continue so to act for more than 6 months.
(2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(3) The Governor in Council—
(a) subject to this section, may determine the terms and conditions of appointment of a person acting in the office of Auditor-General; and
(b) may terminate such appointment at any time.
(4) If a person is acting in the office of Auditor‑General in accordance with subsection (1)(b) and that office becomes vacant while that person is so acting, that person may continue so to act until the Governor in Council otherwise directs, the vacancy is filled or a period of 6 months from the date on which the vacancy occurred expires, whichever first happens.
(5) While a person is acting in the office of Auditor-General in accordance with subsection (1), the person has, and may exercise, all the powers, and must perform all the functions, of that office.
(6) The validity of anything done by or in relation to a person purporting to act in the office of Auditor-General under an appointment made under subsection (1) must not be called into question on the ground that—
(a) the occasion for the appointment has not arisen; or
(b) there is a defect or irregularity in or in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
(7) A person acting in the office of the Auditor-General is entitled to remuneration payable at the same rate as is determined for the Auditor-General and is to be paid out of the Consolidated Fund, which is to the necessary extent appropriated accordingly.
(8) A person acting in the office of Auditor-General, before undertaking the duties of office, must take an oath or affirmation of office before the Executive Council.
New s. 5 inserted by No. 12/2019 s. 9.