367Acting appointment for the members described in subparagraph 364(1)(b)(ii) or (iii)

367  Acting appointment for the members described in subparagraph 364(1)(b)(ii) or (iii)  (1) This section applies:  (a) during a vacancy in the office of a Commission member described in subparagraph 364(1)(b)(ii) or (iii), whether or not an appointment has previously been made to the office; or  (b) during any period, or during all periods, when such a Commission member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. Minister may appoint person to act  (2) The Minister may appoint the following persons to act in the office of the Commission member:  (a) if the vacant office is of the member described in subparagraph 364(1)(b)(ii)—a person who is nominated by the SRC Minister and is the Chief Executive Officer of Comcare, a person described in subsection 89E(1) of the Safety, Rehabilitation and Compensation Act 1988 or a person engaged under the Public Service Act 1999 and performing duties in the Department of State administered by the SRC Minister; or  (b) if the vacant office is of a member described in subparagraph 364(1)(b)(iii)—a person who is nominated by the Defence Minister and is either a Permanent Forces member or engaged under the Public Service Act 1999 and performing duties in the Defence Department. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.