40 Acting chief executive

(1)

Where—

(a)

there is a vacancy in the position of a chief executive; or

(b)

a chief executive is absent from duty (from whatever cause arising) and that chief executive is unable to delegate his or her responsibilities under this Act to any other person under section 41,—

all or any of the functions, duties, and powers of the chief executive or pertaining to the position may be exercised and performed by—

(c)

a chief executive of another department or departmental agency; or

(d)
[Repealed]

(e)

any person,—

for the time being appointed by the Commissioner to exercise and perform them, whether the appointment has been made before the absence or vacancy occurs or while it continues.

(1A)

Where a new department or departmental agency is to be established on a certain date, the Commissioner may appoint as an acting chief executive any person the Commissioner considers suitable to exercise and perform all or any of the functions, duties, and powers of the chief executive of that new department or departmental agency.

(1B)

The position of an acting chief executive appointed under subsection (1A) ceases to exist on the date a chief executive of the new department or departmental agency takes office after being appointed under section 35.

(2)

No such appointment and no acts done by any person acting pursuant to any such appointment shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased, or on the ground that the person had not been appointed to the position of chief executive.

(3)

The Commissioner shall determine the conditions of employment that are to apply to any person appointed under subsection (1) or (1A) to exercise and perform any of the functions, duties, and powers of a chief executive.

Section 40(1): substituted, on 19 December 1989, by section 7 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 40(1): amended, on 18 July 2013, by section 36(1) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(1): amended, on 18 July 2013, by section 36(4)(a) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(1): amended, on 18 July 2013, by section 36(4)(b) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(1): amended, on 18 July 2013, by section 36(4)(c) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(1)(c): amended, on 18 July 2013, by section 36(2) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(1)(d): repealed, on 25 January 2005, by section 19(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

Section 40(1)(e): replaced, on 18 July 2013, by section 36(3) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(1A): inserted, on 18 July 2013, by section 36(5) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(1B): inserted, on 18 July 2013, by section 36(5) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(2): amended, on 18 July 2013, by section 36(6) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(3): amended, on 18 July 2013, by section 36(7)(a) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(3): amended, on 18 July 2013, by section 36(7)(b) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(3): amended, on 18 July 2013, by section 36(7)(c) of the State Sector Amendment Act 2013 (2013 No 49).

Section 40(3): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).