28Acting appointment

28 Acting appointment

(1) The Minister may appoint a person to act as the CEO: (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the CEO is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of CEO; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) While a person is acting as the CEO, the person has and may exercise all the powers, and shall perform all the functions, of the CEO. (3) An appointment of a person to act as CEO may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (4) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as the CEO; and (b) terminate such an appointment at any time. (5) Where a person is acting as the CEO otherwise than by reason of a vacancy in the office of CEO, and the office of CEO becomes vacant while the person is so acting, then, subject to subsection (3), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (6) A person appointed to act as the CEO may resign by writing signed and delivered to the Minister. (7) The validity of anything done by or in relation to a person purporting to act as the CEO 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 had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.