Part 2 s 15 Privacy Act 2020 Version as at 6 December 2023 (4) When there is a vacancy in the position of Commissioner or when the Commis‐ sioner is (for whatever reason) absent from duty, the Deputy Commissioner may perform or exercise all the functions, duties, and powers of the Commis‐ sioner. (5) The Deputy Commissioner is entitled to all the protections, privileges, and immunities of the Commissioner. Compare: 1993 No 28 s 15 15 Holding of other offices (1) In addition to the persons specified in section 30(2) of the Crown Entities Act 2004, a member of a local authority is disqualified from being appointed as the Commissioner or Deputy Commissioner. (2) If a Judge is appointed as the Commissioner or Deputy Commissioner,— (a) the appointment does not affect the Judge’s tenure of judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to super‐ annuation); and (b) for all purposes, the Judge’s service as Commissioner or Deputy Com‐ missioner must be taken to be service as a Judge. Compare: 1993 No 28 s 19 16 Superannuation or retiring allowances (1) For the purpose of providing superannuation or retiring allowances for the Commissioner or Deputy Commissioner, the Commissioner may, out of the funds of the Commissioner, make payments to or subsidise any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013). (2) Subsections (3) to (5) apply to a person who, immediately before being appoin‐ ted as the Commissioner or the Deputy Commissioner or, as the case may be, becoming an employee of the Commissioner, is a contributor to the Govern‐ ment Superannuation Fund under Part 2 or 2A of the Government Superannu‐ ation Fund Act 1956 (the 1956 Act). (3) The person is, for the purposes of the 1956 Act, to be treated as if the person continues to be employed in the Government service while the person is the Commissioner or Deputy Commissioner or, as the case may be, an employee of the Commissioner. (4) However, if the person ceases to be a contributor to the Government Super‐ annuation Fund after their appointment or employment, the person may not resume making contributions to the Fund. (5) For the purposes of applying the 1956 Act to a person under this section, con‐ trolling authority, in relation to the person, means the Commissioner. Compare: 1993 No 28 Schedule 1 cl 4 20