21Acting President

21 Acting President

(1)  The Governor may appoint a person as the Acting President for a term, of not more than 6 months, specified in the instrument of appointment, if –

(a) there is a vacancy in the office of President; or

(b) the President is absent from duty; or

(c) the President is, for any other reason, unable to perform or exercise the functions or powers of the President.

(2)  The Governor may only appoint a person as the Acting President under subsection (1) if the person is a Deputy President or a magistrate.

(3)  A person appointed as the Acting President is, for the term of his or her appointment as the Acting President, entitled to be paid additional remuneration and allowances to ensure that his or her remuneration and allowances equal the remuneration and allowances payable to the President in whose stead he or she is acting.

(4)  The Governor may extend for a period of 3 months the term of an appointment under this section.

(5)  An appointment under subsection (1) , and an extension of a term of appointment under subsection (4) , must be in writing.

(6)  A person may be appointed under subsection (1) to be the Acting President as many times as the Governor thinks fit.

(7)  A person appointed as the Acting President –

(a) has all the functions and powers of the President; and

(b) is taken to be the President of the Tribunal for the purposes of this Act (other than the provisions of Subdivision 1 of Division 2 , apart from section 14 ) and any relevant Act.

(8)  The Minister must consult with the Chief Magistrate before a person who is a magistrate is appointed as the Acting President.