42Acting special Commissioners

42 Acting special Commissioners

(1) The Minister may appoint a person to act as a special Commissioner for an inquiry: (a) in the place of a person who has ceased to be a special Commissioner for the inquiry; or (b) during any period, or during all periods, when a special Commissioner for the inquiry: (i) is absent from Australia; (ii) is unable to take part in the inquiry because of a direction under subsection 44(4); or (iii) is, for any other reason, unable to perform the function of a special Commissioner for the inquiry; but a person appointed to act under paragraph (a) shall not continue to act for more than 6 months. (2) In considering the persons suitable for appointment under subsection (1) for an inquiry, the Minister shall take into account the consultations under section 14 in relation to the inquiry. (3) Anything done by or in relation to a person purporting to act as a special Commissioner is not invalid on the ground that: (a) the occasion for the person’s appointment had not arisen; (b) there was 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.