18AActing Commissioner

##### 18A Acting Commissioner (1) The Prime Minister may appoint a person to act as Commissioner: (a) during a vacancy in the office of Commissioner; or (b) during any period, or during all periods, when the Commissioner is absent from Australia or is, for any reason, unable to perform the duties of the office of Commissioner. (2) An appointment to act as Commissioner may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (3) A person appointed under subsection (1) to act during a vacancy in the office of Commissioner shall not continue so to act for more than 12 months. (4) Where a person is acting as Commissioner otherwise than by reason of a vacancy in the office of Commissioner and the office becomes vacant while the person is so acting, then, subject to subsection (2), the person may continue so to act until the Prime Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurs expires, whichever first occurs. (5) While a person is acting as Commissioner, that person may exercise all the powers, and shall perform all the functions, of the Commissioner. (6) The Prime Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as Commissioner; and (b) terminate such an appointment at any time. (7) A person appointed to act as Commissioner may resign by giving the Prime Minister a signed notice of resignation. (8) Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the ground that: (a) the occasion for the person’s appointment had not arisen; (b) there is a defect or irregularity in connection with the person’s appointment; (c) the person’s appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased.