130Acting Chief Judge

#### 130 Acting Chief Judge (1) The Deputy Chief Judge (Family Law) may act as Chief Judge: (a) during a vacancy in the office of Chief Judge (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chief Judge: (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) The Deputy Chief Judge (General and Fair Work) may act as Chief Judge: (a) during a vacancy in the offices of both the Chief Judge and Deputy Chief Judge (Family Law) (whether or not an appointment has previously been made to the offices); or (b) during any period, or during all periods, when both of the following subparagraphs apply: (i) the Chief Judge is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Chief Judge; (ii) the Deputy Chief Judge (Family Law) is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Chief Judge; or (c) during any period, or during all periods, when both of the following subparagraphs apply: (i) the Chief Judge is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Chief Judge; (ii) there is a vacancy in the office of Deputy Chief Judge (Family Law) (whether or not an appointment has previously been made to the office); or (d) during any period, or during all periods, when both of the following subparagraphs apply: (i) there is a vacancy in the office of Chief Judge (whether or not an appointment has previously been made to the office); (ii) the Deputy Chief Judge (Family Law) is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Deputy Chief Judge (Family Law). > Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (3) The Minister may, by written instrument, appoint a Judge to act as the Chief Judge: (a) during a vacancy in the offices of Chief Judge, Deputy Chief Judge (Family Law) and Deputy Chief Judge (General and Fair Work) (whether or not an appointment has previously been made to the offices); or (b) during any period, or all periods, when the Chief Judge and Deputy Chief Judges are unavailable because one or more of the following subparagraphs apply in relation to all of them: (i) any of all of the Judges are absent from duty; (ii) any or all of the Judges are absent from Australia; (iii) any or all of the Judges are, for any reason, unable to perform the duties of their office or offices. > Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (4) A person who is acting as Chief Judge is to be called Acting Chief Judge of the Federal Circuit and Family Court of Australia (Division 2). (5) For the purposes of this Chapter, a person who is acting as Chief Judge is taken not to be assigned to a Division of the Federal Circuit and Family Court of Australia (Division 2). > Note: A Judge who is not assigned to a Division of the Federal Circuit and Family Court of Australia (Division 2) may exercise the powers of the Court in any Division (see subsection 146(3)).