129Acting appointments

#### 129 Acting appointments Appointment to act during vacancy (1) The Minister may, by written instrument, appoint a person to act as the Chair, for a specified period of not more than 12 months, during a vacancy in the office of the Chair, whether or not an appointment has previously been made to the office. (2) The Minister may, by written instrument, appoint a person to act as a Board member other than the Chair, for a specified period of not more than 150 days, during a vacancy in the office of a Board member other than the Chair, whether or not an appointment has previously been made to the office. (2A) The Minister must consult the States and Territories about an appointment under subsection (2). Appointment to act during absence etc. (3) The Minister may, by written instrument, appoint a person to act as a Board member during any period, or during all periods, when a Board member: (a) is absent from duty or from Australia; or (b) is, for any reason, unable to perform the duties of the office. > Note: The Minister must tell the Ministerial Council as soon as practicable after the Minister appoints a person to act as the Chair or another Board member: see subsection 176(2). Eligibility for appointment (4) A person is eligible for appointment under subsection (1), (2) or (3) only if the Minister is satisfied that the person is a person with disability, is a person that has lived experience with disability or is a person that has skills, experience or knowledge in at least one of the fields mentioned in subsection 127(2). (5) Despite subsection (4), a person is not eligible for appointment under subsection (1), (2) or (3) if the person is: (a) a member (however described) of: (i) the Parliament of the Commonwealth or a State; or (ii) the legislature of a Territory; or (iii) a local government authority; or (b) the holder of a full‑time office under a law of the Commonwealth, a State or a Territory. (6) In appointing a person under subsection (2) to act as a Board member other than the Chair, the Minister must ensure that at least one Board member other than the Chair is an Indigenous person (whether or not the Chair is an Indigenous person). > Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.