sec.21Basis of appointment

sec.21 Basis of appointment

The chief executive may make the appointment only if the chief executive is satisfied— the appointment is reasonably necessary to remedy a serious concern for the funding; and it is essential for a funded product or service of the funded entity to continue to be delivered; and an administrator, liquidator or receiver has not been appointed for the funded entity. In being satisfied under subsection (1) , the chief executive— must have regard to the likely consequences for persons using the funded product or service if the funded product or service is not delivered or delivered when a serious concern exists; and may have regard to the following— the type of funded product or service; the amount of the funding; whether funding has been suspended or stopped; whether the funded entity received the funding from the department or from another entity that received the funding from the department; whether the funded entity is receiving money or other assistance, including funding, from another source; the likely consequences of the appointment; whether an administrator, liquidator or receiver is likely to be appointed for the funded entity before the interim manager is appointed; any other relevant matter. s 21 sub 2014 No. 12 s 8 (sec.21-ssec.1) The chief executive may make the appointment only if the chief executive is satisfied— the appointment is reasonably necessary to remedy a serious concern for the funding; and it is essential for a funded product or service of the funded entity to continue to be delivered; and an administrator, liquidator or receiver has not been appointed for the funded entity. (sec.21-ssec.2) In being satisfied under subsection (1) , the chief executive— must have regard to the likely consequences for persons using the funded product or service if the funded product or service is not delivered or delivered when a serious concern exists; and may have regard to the following— the type of funded product or service; the amount of the funding; whether funding has been suspended or stopped; whether the funded entity received the funding from the department or from another entity that received the funding from the department; whether the funded entity is receiving money or other assistance, including funding, from another source; the likely consequences of the appointment; whether an administrator, liquidator or receiver is likely to be appointed for the funded entity before the interim manager is appointed; any other relevant matter.

• (a) the appointment is reasonably necessary to remedy a serious concern for the funding; and
• (b) it is essential for a funded product or service of the funded entity to continue to be delivered; and
• (c) an administrator, liquidator or receiver has not been appointed for the funded entity.
• (a) must have regard to the likely consequences for persons using the funded product or service if the funded product or service is not delivered or delivered when a serious concern exists; and