Mental Health and Wellbeing Act 2022
424Acting appointment
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424 Acting appointment
(1) The Governor in Council may appoint a person to act in the office of a Mental Health and Wellbeing Commissioner (including the Chair of the Mental Health and Wellbeing Commission)—
(a) during a vacancy in the office of a Mental Health and Wellbeing Commissioner; or
(b) during any period when a Mental Health and Wellbeing Commissioner—
(i) is absent; or
(ii) for any other reason is unable to perform the duties of the office of Commissioner.
(2) The Minister may appoint a person to act in the office of a Mental Health and Wellbeing Commissioner for a period of not more than 6 months during a vacancy in the office of a Mental Health and Wellbeing Commissioner.
(3) A person appointed under subsection (1) is entitled to the remuneration and allowances that are determined from time to time by the Governor in Council.
(4) A person appointed under subsection (2) is entitled to the remuneration and allowances that are determined from time to time by the Minister.
(5) The Governor in Council may revoke an appointment under subsection (1) at any time.
(6) The Minister may revoke an appointment under subsection (2) at any time.
See sections 40(b) and 41AA(f) of the Interpretation of Legislation Act 1984 that provide that a person acting has the powers of the officeholder for whom they act.