12Acting Commissioner

##### 12 Acting Commissioner (1) The Minister may appoint a person who is eligible to be appointed as Commissioner to act as Commissioner: (a) during a vacancy in the office of Commissioner (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Commissioner; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) An appointment of a person under subsection (1) may be expressed to have effect only in specified circumstances. (3) Where a person is acting in the office of Commissioner in accordance with paragraph (1)(b) and the office becomes vacant while the person is so acting, then, subject to subsection (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first occurs. (4) While a person is acting in the office of Commissioner, the person has and may exercise all the powers, and shall perform all the functions, of the Commissioner. (5) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in the office of Commissioner; and (b) terminate such an appointment at any time. (6) A person appointed under subsection (1) may resign the appointment by writing delivered to the Minister. (7) Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the ground that: (a) the occasion for the person’s appointment had not arisen; (b) there is a defect or irregularity in connection with the person’s appointment; (c) the person’s appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased.