Victorian Numbered Acts Victorian Numbered Acts(1) The Minister may appoint an Acting Commissioner—
(a) during a vacancy in the office of Commissioner; or
(b) during any period when the Commissioner is absent or, for any reason, is unable to perform the functions of Commissioner.
(2) The Minister may—
(a) appoint an Acting Commissioner for a period not exceeding 6 months; and
(b) determine the terms and conditions of appointment of the Acting Commissioner; and
(c) terminate the appointment of the Acting Commissioner at any time.
(3) An Acting Commissioner is entitled to receive the remuneration and allowances that the Commissioner would have been entitled to for performing the duties of office.
(4) While a person is acting in the office of the Commissioner in accordance with subsection (1), the Acting Commissioner has all the functions and powers of the Commissioner.
(5) If a person is acting in the office of the Commissioner in accordance with subsection (1)(b) and the office becomes vacant while the person is so acting, that person may continue to so act for 6 months after the date on which the vacancy occurred unless—
(a) the Minister otherwise directs; or
(b) the vacancy is filled before the end of that period.
(6) The validity of anything done by or in relation to a person purporting to act in the office of the Commissioner under an appointment made under subsection (1) is not to be called in question on the ground that—
(a) the occasion for the person's appointment has not arisen; or
(b) there is a defect or irregularity in or in connection with the person's appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.