Tasmanian Consolidated Acts

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GOVERNMENT BUSINESS ENTERPRISES ACT 1995 - SECT 93

Initial acting directors and acting chief executive officer
(1)  If, immediately before the conversion day, a person held an appointment or was otherwise employed to act in the office of a member of a statutory authority or the governing body of a statutory authority during that member's absence, that person is to be taken to have been appointed under section 17 on the same conditions and terms, subject to subsection (2) , as applied in respect of his or her appointment or employment and service to that statutory authority or governing authority for the remainder of the term of that appointment or employment.
(2)  If by the operation of subsection (1) a person would be entitled to a term of office as a person entitled to act in the office of a member exceeding 3 years after the conversion day, that person –
(a) is taken to have been appointed under section 17 for that 3 year period only; and
(b) is not entitled to receive any termination benefit in respect of the change in the term of appointment.
(3)  If, immediately before the conversion day, a person holds an appointment to act in the office of another person in a statutory authority that is to become a Government Business Enterprise that is substantially the same as the office of chief executive officer in a Government Business Enterprise during the absence of that other person, that person is to be taken to have been appointed under section 20 on the same conditions and terms, subject to subsection (4) , as applied in respect of his or her appointment and service to that statutory authority for the remainder of the term of that appointment.
(4)  If by the operation of subsection (3) a person would be entitled to a term of office as a person entitled to act in the office of chief executive officer exceeding 5 years after the conversion day, that person –
(a) is taken to have been appointed under section 20 for that 5 year period only; and
(b) is not entitled to receive any termination benefit in respect of the change in the term of appointment.



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