Victorian Numbered Acts Victorian Numbered Acts(1) The Governor in Council may appoint a person to act as Commissioner if the Commissioner—
(a) ceases to hold office before his or her term of appointment expires; or
(b) is unable to perform the duties or functions of the office.
(2) An acting Commissioner holds office—
(a) if appointed to act under subsection (1)(a), for the rest of the term of appointment of the Commissioner; or
(b) if appointed to act under subsection (1)(b), for the period that the Commissioner is unable to perform the duties or functions of the office.
(3) The Governor in Council—
(a) subject to this Act, may determine the terms of appointment of an acting Commissioner;
(b) may at any time terminate the appointment.
(4) While the appointment of an acting Commissioner remains in force, the acting Commissioner has and may exercise all the powers and perform all the duties and functions of the Commissioner.