8Acting member of Commission

8 Acting member of Commission

(1)  For the purposes of this section, a member of the Commission is absent if –

(a) he or she is absent from duty; or

(b) he or she is disqualified under section 13(2) from taking part in a consideration of, or the making of a decision in relation to, any matter or any other proceeding of the Commission in relation to the matter; or

(c) he or she is otherwise incapable of performing the functions of the office of member of the Commission; or

(d) section 13(6) applies.

(2)  The Treasurer may appoint a person to act as a member of the Commission during any particular, or every, period during which the member of the Commission is absent.

(3)  Except if section 7(6)(a) applies in relation to a person, the appointment of a person under subsection (2) to act in the office of the member of the Commission who is its chairperson is not an appointment to act in the office of chairperson.

(4)  The appointment of a person under subsection (2) is subject to, and has effect in accordance with, the terms and conditions (including remuneration and allowances) specified in the person's instrument of appointment.

(5)  If a vacancy, within the meaning of clause 5 of Schedule 1 , occurs in the office of a member of the Commission while a person appointed under subsection (2) is acting in the office of that member, that person may continue to act in the office of that member until the first of the following happens:

(a) the period of 6 months commencing on the day on which the vacancy occurs ends;

(b) the Treasurer appoints a person to that vacant office under section 7(2) or clause 6 of Schedule 1 ;

(c) the office in which the person is acting is vacated on the grounds specified in clause 5(2)(f) of Schedule 1 .