35Acting Deputy Presidents

35 Acting Deputy Presidents

(1)  The Minister may appoint a person as an Acting Deputy President if –

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

(b) a Deputy President is absent or for any other reason is unable to perform the duties of office.

(2)  The Minister may only appoint a person as an Acting Deputy President if the person is an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner.

(3)  An appointment under this section must be in writing.

(4)  The appointment of a person as an Acting Deputy President is to be –

(a) for a term, of not more than 6 months, specified in the instrument of appointment; and

(b) specified in the instrument of appointment to be –

(i) on a full-time basis; or

(ii) on a part-time basis; or

(iii) on a sessional basis.

(5)  The Minister must consult with the President before making an appointment under subsection (1) .

(6)  A person appointed as an Acting Deputy President –

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

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

(7)  The Minister, by notice in writing to a person who is appointed as an Acting Deputy President, may, at the request of the President and the person, alter the basis, referred to in subsection (4)(b) , on which the person is appointed so that the person becomes appointed on a full-time basis, a part-time basis or a sessional basis.