59Acting Chief Executive Officer

##### 59 Acting Chief Executive Officer (1) The Board may appoint a person to act as Chief Executive Officer: (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (3) The Board may: (a) determine the terms and conditions of appointment, excluding remuneration and allowances, of a person acting as Chief Executive Officer; and (b) terminate such an appointment at any time. (4) A person, other than an employee, who is acting as Chief Executive Officer shall be paid the same remuneration and allowances as are payable to the Chief Executive Officer. (5) An employee who is acting as Chief Executive Officer shall continue to be paid the remuneration and allowances payable to the employee as such an employee but shall also be paid: (a) so much of any remuneration payable to the Chief Executive Officer as exceeds the remuneration that so continues to be paid to the employee; (b) so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance that so continues to be paid to the employee; and (c) if an allowance is payable to the Chief Executive Officer in respect of which there is no corresponding allowance payable to the officer—that allowance. (6) Where a person is acting as Chief Executive Officer in accordance with paragraph (1)(b) and the office of Chief Executive Officer becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Board otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (7) The appointment of a person to act as Chief Executive Officer ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Chairperson. (8) While a person is acting as Chief Executive Officer, the person may exercise all the powers, and shall perform all the functions and duties, of the Chief Executive Officer under this Act. (9) The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment has ceased to have effect or that the occasion for the person to act had not arisen or had ceased.