10Substitute to act during absence of certain Commissioners

### 10 Substitute to act during absence of certain Commissioners > > (1)  [*\[Section 10 Subsection (1) amended by No. 104 of 2000, s. 6, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS6@EN) *\[Section 10 Subsection (1) amended by No. 59 of 1992, s. 7 \]*Where the Deputy President is unable to act in his office, whether on account of illness or for any other cause, the Governor may appoint another Commissioner to act in that office for the period that the Deputy President is unable to so act. > > > (2)  Subject to [subsections (3)](#GS10@Gs3@EN) and [(6)](#GS10@Gs6@EN) , where a Commissioner, other than the President or the Deputy President, is unable to act in his office, whether on account of illness or for any other cause, the Governor may appoint a person who has the experience and qualifications prescribed by [section 5](#GS5@EN) [(4)](#GS5@Gs4@EN) to act in that office for the period that that Commissioner is unable to act. > > > (3)  The Minister shall, before a person is appointed under [subsection (2)](#GS10@Gs2@EN) to act in the office of a Commissioner, consult officers of such associations or organizations as he considers appropriate with regard to the proposed appointment. > > > (4)  The Deputy President shall, for the purposes of [subsection (1)](#GS10@Gs1@EN) , be deemed to be unable to act in his office if he is acting in the office of the President pursuant to [section 15](#GS15@EN) [(4)](#GS15@Gs4@EN) . > > > (5)  A Commissioner shall, for the purposes of [subsection (2)](#GS10@Gs2@EN) , be deemed to be unable to act in his office if there is a vacancy in that office which has not been filled. > > > (6)  [*\[Section 10 Subsection (6) omitted by No. 42 of 2012, s. 38, Applied:04 Feb 2013\]*](/view/html/inforce/2013-02-04/act-2012-042#GS38@EN) .  .  .  .  .  .  .  .   > > > (7)  Subject to [subsection (8)](#GS10@Gs8@EN) , the provisions of [sections 6](#GS6@EN) [(3)](#GS6@Gs3@EN) and [(4)](#GS6@Gs4@EN) , [9](#GS9@EN) , and [12](#GS12@EN) apply to a person appointed under [subsection (2)](#GS10@Gs2@EN) as if he were a Commissioner. > > > (8)  *\[Section 10 Subsection (8) amended by No. 59 of 1992, s. 7 \]*Notwithstanding the provisions of [section 6](#GS6@EN) [(4)](#GS6@Gs4@EN) , as applied by [subsection (7)](#GS10@Gs7@EN) , a person who holds – > > > > > > (a) office as a member, other than the President, of the Australian Commission may, with the prior agreement of the Minister for the time being administering the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1988-999#GS1@EN) , be appointed under [subsection (2)](#GS10@Gs2@EN) ; or > > > > > > > (b) a similar office in a commission or similar body with jurisdiction in relation to industrial matters that is constituted under an enactment of another State or of a Territory of the Commonwealth may, with the prior agreement of the Minister for the time being administering that enactment, be appointed under that last-mentioned subsection. > > > (9)  A person, while acting in the office of the Deputy President or any other Commissioner pursuant to this section, has, and may exercise, all the powers of the Deputy President or that other Commissioner, as the case may be, under this Act and shall perform all the functions of the Deputy President or that other Commissioner under this Act. > > > (10)  [*\[Section 10 Subsection (10) substituted by No. 18 of 1997, s. 6, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS6@EN) Anything done or omitted to be done by a person while acting under this section in the office of Deputy President or any other Commissioner is as valid as if done or omitted to be done by the Deputy President or other Commissioner. > > > (11)  [*\[Section 10 Subsection (11) inserted by No. 18 of 1997, s. 6, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS6@EN) A person is not required to inquire whether or not any occasion has arisen requiring or authorising a person to act in the office of the Deputy President or any other Commissioner.