47Acting Commissioner

47 Acting Commissioner (1) The Governor in Council, on the recommendation of the Premier, may appoint an eligible person to act in the office of the Commissioner— (a) during a vacancy in that office; or (b) during a period when the Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office. (2) An appointment under subsection (1) is for the period, not exceeding 12 months, specified in the instrument of appointment. (3) Subject to subsection (5), the Premier may by instrument appoint an eligible person to act in the office of the Commissioner— (a) during a vacancy in that office; or (b) during a period when the Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office. (4) An appointment under subsection (3) is for the period, not exceeding 3 months, specified in the instrument of appointment. (5) The Premier must not make more than one appointment under subsection (3) in relation to the same vacancy or absence. (6) The appointment of an Acting Commissioner under this section is on the terms and conditions (including the remuneration and allowances) that are specified in the instrument of appointment. S. 47(6A) inserted by No. 5/2019 s. 67. (6A) The remuneration paid to the Acting Commissioner under subsection (6)— (a) must be within the relevant remuneration band in a Determination made by the Tribunal; or (b) may exceed the maximum of the relevant remuneration band only if the employer of the Acting Commissioner has obtained the advice of the Tribunal under section 37 of the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019**. (7) A person is eligible to be appointed to act in the office of the Commissioner if the person would be eligible to be appointed as the Commissioner under section 43. (8) An Acting Commissioner has all the powers and functions of the Commissioner and in exercising those powers and performing those functions is subject to the same requirements that apply to the Commissioner. S. 48 substituted by No. 6/2014 s. 10.