sec.38Acting chief executive officer

sec.38 Acting chief executive officer

This section applies if— the office of the chief executive officer is vacant; or the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions. The Minister may appoint a person to act as chief executive officer for a period of not longer than 6 months. However, the Minister may extend the appointment for a further period of not longer than 6 months. A person can not be appointed to act in the office unless the Minister could recommend the person for appointment as the chief executive officer under section 32 . This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) . s 38 amd 2025 No. 29 s 51 (sec.38-ssec.1) This section applies if— the office of the chief executive officer is vacant; or the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions. (sec.38-ssec.2) The Minister may appoint a person to act as chief executive officer for a period of not longer than 6 months. (sec.38-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months. (sec.38-ssec.4) A person can not be appointed to act in the office unless the Minister could recommend the person for appointment as the chief executive officer under section 32 . (sec.38-ssec.5) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .

• (a) the office of the chief executive officer is vacant; or
• (b) the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.