(1) The Minister may, by written instrument, appoint a Judge of the Federal Court of Australia to act as the President:
(a) during a vacancy in the office of President (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the President:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
Acting member (other than President)
(2) The Minister may, by written instrument, appoint a person to act as a member (other than the President) during any period, or during all periods, when:
(a) a full-time member is absent from duty or from Australia; or
(b) a part-time member is unavailable to perform the duties of office.
Qualification for acting appointment
(3) A person must not be appointed to act in an office under subsection (1) or (2) unless the person meets the requirements in section 7 for appointment to the office.
Extension of acting appointment
(5) Where a person has been appointed under subsection (2), the Minister may, by reason of a pending proceeding or other special circumstances, direct, before the absent or unavailable member ceases to be absent or unavailable, that the person so appointed shall continue to act under the appointment after the member ceases to be absent or unavailable until he or she resigns the appointment or the Governor-General terminates the appointment, but a person shall not continue to act by virtue of this subsection for more than 12 months after the member ceases to be absent or unavailable.
(6) Where a person has been appointed under this section to act as a member during the absence or unavailability of a member and the member ceases to hold office without having resumed duty or become available to perform the duties of his or her office, the period of appointment of the person so appointed shall, subject to this Act, be deemed to continue until he or she resigns the appointment, the appointment is terminated by the Governor-General or a period of 12 months elapses from the day on which the absent or unavailable member ceases to hold office, whichever first happens.
Terms and conditions of acting appointment
(7) Subject to this Part, a person (other than a Judge) appointed to act in an office under subsection (2) is to act on such terms and conditions as the Minister determines in writing.