40Dual appointment of Secretaries of Departments

##### 40 Dual appointment of Secretaries of Departments (1) Where a person who holds an office of Secretary is appointed to hold another office of Secretary, the person shall, unless the instrument of appointment to the second‑mentioned office otherwise provides, cease to hold the first‑mentioned office upon being so appointed. (2) Subsection (1) does not apply in relation to a person who holds an appointment to an office of Secretary that is a fixed‑term appointment within the meaning of section 37. (3) A person who at any time holds an office of Secretary may be appointed to act in another office of Secretary and shall not, by reason only of being so appointed, cease to hold the first‑mentioned office. (4) Where a person who holds an appointment to act in an office of Secretary is appointed to act in another office of Secretary, the person shall, unless the instrument of appointment to act in the second‑mentioned office otherwise provides, cease to hold the first‑mentioned appointment upon being so appointed. (5) If a person who holds, or holds an appointment to act in, an office of Secretary is appointed under subsection (1), (3) or (4) to hold, or to act in, another office of Secretary and does not cease to hold, or to hold the appointment to act in, the first‑mentioned office, he shall be paid remuneration, whether by way of salary, annual allowance or otherwise, in respect of his holding, or holding the appointment to act in, only one of those offices. (6) Where subsection (5) applies in relation to a person in respect of 2 or more offices and the remuneration payable in respect of one or more of those offices is higher than the remuneration payable in respect of the other office or other offices, the person shall be paid remuneration in respect of his holding, or holding an appointment to act in, the office or one of the offices in respect of which that higher remuneration is payable. (7) This section has effect notwithstanding anything contained in any other section of this Act or in the Remuneration Tribunal Act 1973. (8) Nothing in this section shall be construed as excluding the application of subsection 19B(3) of the Acts Interpretation Act 1901 in relation to any provision of this section.