69Acting Merit Protection Commissioner

##### 69 Acting Merit Protection Commissioner (1) The Minister may appoint a member (other than the Merit Protection Commissioner) or another person: (a) to act as Merit Protection Commissioner during a vacancy in the office of Merit Protection Commissioner, whether or not an appointment has previously been made to the office; or (b) to act as Merit Protection Commissioner during any period, or during all periods, when the Merit Protection Commissioner is absent from duty or from Australia or is for any reason, unable to perform the duties of his or her office. (2) An appointment to act as Merit Protection Commissioner may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (3) A person appointed under subsection (1) to act during a vacancy in the office of Merit Protection Commissioner shall not continue so to act for more than 12 months. (4) Where a person is acting as Merit Protection Commissioner otherwise than by reason of a vacancy in the office of Merit Protection Commissioner 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 day on which the vacancy occurs expires, whichever first occurs. (5) While a person is acting as Merit Protection Commissioner, he or she has and may exercise all the powers, and shall perform all the duties, of the Merit Protection Commissioner. (6) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as Merit Protection Commissioner; and (b) terminate such an appointment at any time. (7) A person appointed to act as Merit Protection Commissioner may resign his or her appointment by writing signed by the person and delivered to the Minister. (8) The validity of anything done by or in relation to a person purporting to act as Merit Protection Commissioner shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there was a defect or irregularity in or in connection with his or her appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.