24Acting Chief Justice

24 Acting Chief Justice

(1) The Deputy Chief Justice may act as Chief Justice: (a) during a vacancy in the office of Chief Justice (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chief Justice: (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 Minister may, by written instrument, appoint a Judge to act as the Chief Justice: (a) during a vacancy in the offices of Chief Justice and Deputy Chief Justice (whether or not an appointment has previously been made to either office); or (b) during any period, or all periods, when both the Chief Justice and Deputy Chief Justice are unavailable because: (i) either or both Justices are absent from duty; or (ii) either or both Justices are absent from Australia; or (iii) either or both Justices are, 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) A person who is acting as Chief Justice is to be called Acting Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).