Victorian Numbered Acts Victorian Numbered Acts(1) If the Emergency Management Commissioner ceases to hold office in accordance with section 28, the Minister must appoint a person to act in the office of Emergency Management Commissioner.
(2) Subject to this section, a person appointed under subsection (1) can be appointed for a period not exceeding 12 weeks.
(3) If the Minister considers it necessary to do so, the Minister may extend the period of appointment under subsection (2) for a further period not exceeding 12 weeks or further periods each of which must not exceed 12 weeks.
(4) While a person is acting in the office of Emergency Management Commissioner, the person—
(a) has and may exercise all the powers and must perform all the functions of that office; and
(b) is entitled to be paid the remuneration and allowances which the Emergency Management Commissioner would have been entitled to.
(5) If the Emergency Management Commissioner is unable to perform the duties of the office of Emergency Management Commissioner and the Minister has not appointed a person to act in the office of Emergency Management Commissioner, the Chief Commissioner of Police must by virtue of this subsection, act in the office of the Emergency Management Commissioner until—
(a) the Emergency Management Commissioner is able to perform the duties of the office of Emergency Management Commissioner; or
(b) the Minister appoints a person to act in the office of the Emergency Management Commissioner; or
(c) the Governor in Council appoints a person to be the Emergency Management Commissioner—
whichever first occurs.
(6) If the Chief Commissioner of Police is acting in the office of Emergency Management Commissioner under subsection (5), the Chief Commissioner of Police has and may exercise all the powers and must perform all the functions of that office.