9Chief Executive Officer, Homes Victoria

9 Chief Executive Officer, Homes Victoria S. 9(1) amended by No. 40/2022 s. 19(2). (1) There shall be a Chief Executive Officer, Homes Victoria to whom the following provisions shall apply— S. 9(1)(a) amended by No. 40/2022 s. 19(2). (a) the Chief Executive Officer, Homes Victoria— (i) shall be appointed by the Governor in Council and may at any time be removed from office by the Governor in Council; S. 9(1)(a)(ii) amended by Nos 26/1987 s. 21, 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 100.2), 80/2006 s. 26(Sch. item 51.2). (ii) is in respect of that office subject to the **Public Administration Act 2004** (other than Part 3 of that Act); S. 9(1)(a)(iii) amended by No. 26/1987 s. 21. (iii) subject to this Act, shall be entitled to hold office for the term (not exceeding seven years) for which he or she is appointed but shall be eligible for re‑appointment; and (iv) shall hold office on such terms and conditions and be entitled to receive such salary and allowances as are from time to time fixed by the Governor in Council. S. 9(1)(b) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3), 40/2022 s. 19(2)(3). (b) where a person who is not an employee in the public service within the meaning of the **Public Administration Act 2004** is appointed as Chief Executive Officer, Homes Victoria, a term or condition fixed by the Governor in Council under subsection (1)(a)(iv) may provide that— S. 9(1)(b)(i) amended by No. 26/1987 s. 21. (i) where that person is removed from office prior to the expiration of the term of appointment, he or she shall be entitled— (A) to such compensation as is specified in the term or condition; or S. 9(1)(b)(i)(B) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3). (B) notwithstanding anything in the **Public Administration Act 2004**, to be employed in some position in the public service with such designation as is specified in the term or condition; S. 9(1)(b)(ii) amended by Nos 26/1987 s. 21, 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3). (ii) where that person is not appointed to a further term at the expiration of the term of appointment, he or she shall be entitled, despite anything in the **Public Administration Act 2004**, to be employed in some position in the public service with such designation as is specified in the term or condition; S. 9(1)(c) amended by Nos 26/1987 s. 21, 40/2022 s. 19(2). (c) the Chief Executive Officer, Homes Victoria shall not, during his or her continuance in office, engage directly or indirectly in any paid employment outside the duties of that office without the consent of the Governor in Council; S. 9(1)(d) amended by Nos 26/1987 s. 21, 40/2022 s. 19(2). (d) the Chief Executive Officer, Homes Victoria may resign that office by writing under his or her hand addressed to the Governor in Council; S. 9(1)(e) amended by Nos 26/1987 s. 21, 40/2022 s. 19(2). (e) the office of Chief Executive Officer, Homes Victoria shall become vacant if the Chief Executive Officer, Homes Victoria becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, or compounds with his or her creditors or makes an assignment of remuneration for their benefit; and S. 9(1)(f) amended by Nos 26/1987 s. 21, 50/1988 s. 93(2)(Sch. 2 Pt 2 item 24), 40/2022 s. 19(2). (f) if the Chief Executive Officer, Homes Victoria was immediately prior to appointment an officer within the meaning of the **State** **Superannuation Act 1988** or any corresponding previous enactment, he or she shall, notwithstanding that appointment, be deemed to continue to be an officer within the meaning of, and subject to, that Act. S. 9(2) amended by Nos 26/1987 s. 21, 40/2022 s. 19(4). (2) The Chief Executive Officer, Homes Victoria and the Chief Executive Officer's successors in office shall, subject to this Act, be a body corporate under the name of "Homes Victoria" and shall, by that name, have perpetual succession and a corporate seal and be capable in law of suing and being sued and of acquiring, holding and disposing of real and personal property and of doing and suffering all such acts and things as bodies corporate may by law do and suffer and that are necessary for or incidental to the purposes of this Act. S. 9(2A) inserted by No. 40/2022 s. 19(5). (2A) Homes Victoria consists of the Chief Executive Officer, Homes Victoria. S. 9(3) amended by No. 40/2022 s. 19(6). (3) For the purposes of this Act, Homes Victoria shall have and may exercise the powers, discretions, functions and authorities and shall discharge the duties conferred or imposed on it by or under this or any other Act. S. 9(3A) inserted by No. 40/2022 s. 19(7). (3A) The Minister, by direction published in the Government Gazette, may— (a) confer functions on Homes Victoria; and (b) vary the functions of Homes Victoria. S. 9(4) amended by No. 40/2022 s. 19(8). (4) Homes Victoria shall not, for the purposes of any Act, be regarded as representing the Crown in any capacity whatsoever. S. 9(5) repealed by No. 46/1998 s. 7(Sch. 1). S. 10 (Heading) inserted by No. 40/2022 s. 29(1).