(1) The Governor, on
the recommendation of the Premier, may appoint an Acting Electoral
Commissioner to act in the office of the Electoral Commissioner —
(a) when
the Electoral Commissioner is absent from duty for any reason or is absent
from the State; or
(b) when
the Electoral Commissioner has been suspended; or
(c) when
the office of Electoral Commissioner is vacant.
(2) Before making a
recommendation under subsection (1) the Premier shall consult with the
parliamentary leader of each party in the Parliament.
(3) While the Acting
Electoral Commissioner is so acting —
(a) he
may perform the functions of the Electoral Commissioner, and anything done by
him in so performing those functions has the like effect as if it were done by
the Electoral Commissioner;
(b) any
act or thing that is required under a written law to be done to, by reference
to or in relation to the Electoral Commissioner shall be regarded as
effectually done if done to, by reference to or in relation to the Acting
Electoral Commissioner.
(4) The Governor, on
the recommendation of the Premier, may appoint an Acting Deputy Electoral
Commissioner to act in the office of the Deputy Electoral Commissioner —
(a) when
the Deputy Electoral Commissioner is absent from duty for any reason or is
absent from the State; or
(b) when
the Deputy Electoral Commissioner is acting in the office of Electoral
Commissioner under section 5H(2); or
(c) when
the Deputy Electoral Commissioner has been suspended; or
(d) when
the office of Deputy Electoral Commissioner is vacant.
(5) Before making a
recommendation under subsection (4) the Premier shall consult with the
parliamentary leader of each party in the Parliament.
(6) While the Acting
Deputy Electoral Commissioner is so acting —
(a) he
may perform the functions of the Deputy Electoral Commissioner, and anything
done by him in so performing those functions has the like effect as if it were
done by the Deputy Electoral Commissioner;
(b) any
act or thing that is required under a written law to be done to, by reference
to or in relation to the Deputy Electoral Commissioner shall be regarded as
effectually done if done to, by reference to or in relation to the Acting
Deputy Electoral Commissioner.
[Section 5D inserted: No. 40 of 1987 s. 20;
amended: No. 64 of 2006 s. 14.]