5Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer

5 Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer

(1) If: (a) the Presiding Officer of either House of the Parliament; or (b) a person who, by virtue of section 3 or 4, is to be deemed, for the purposes of the exercise of any powers or functions by the Presiding Officer of either House of the Parliament, to continue to be the Presiding Officer of that House; dies, is absent from the Commonwealth or is incapable by reason of illness from exercising any powers or functions under a law of the Commonwealth, the Deputy Presiding Officer of that House shall, for the purposes of the exercise of any powers or functions by the Presiding Officer of that House under a law of the Commonwealth, be deemed to be the Presiding Officer of that House (whether or not that House is dissolved, or the House of Representatives expires, after the death or during the absence or incapacity) until a Presiding Officer is chosen by that House or the absence or incapacity terminates, as the case may be. (2) For the purposes of subsection (1), where there is no Deputy Presiding Officer of a House of the Parliament, the person who last held office as Deputy Presiding Officer of that House shall be deemed to continue to be the Deputy Presiding Officer of that House until a Deputy Presiding Officer of that House is appointed by that House.