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ENERGY SAFETY LEGISLATION AMENDMENT (VICTORIAN ENERGY SAFETY COMMISSION AND OTHER MATTERS) ACT 2020 (NO. 4 OF 2020) - SECT 26

Division 2 of Part 2 substituted

For Division 2 of Part 2 of the Energy Safe Victoria Act 2005 substitute

" Division 2—Chief Executive Officer

        11     Appointment of Chief Executive Officer

    (1)     Energy Safe Victoria may appoint a person (other than a Commissioner) as the Chief Executive Officer of Energy Safe Victoria.

    (2)     Before appointing a person as the Chief Executive Officer, Energy Safe Victoria must consult with the Minister.

    (3)     The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chief Executive Officer in respect of the office of Chief Executive Officer.

        12     Function of Chief Executive Officer

The Chief Executive Officer is responsible to Energy Safe Victoria for the day-to-day management and administration of the affairs of Energy Safe Victoria.

        13     Duration of appointment as Chief Executive Officer

The Chief Executive Officer—

        (a)     holds office for a term, not exceeding 5 years, specified in the instrument of appointment; and

        (b)     is eligible to be reappointed.

        14     Terms and conditions of appointment as Chief Executive Officer

    (1)     The Chief Executive Officer is appointed on the terms and conditions that are specified in the instrument of appointment.

    (2)     The instrument of appointment must specify the remuneration and allowances of the Chief Executive Officer.

        15     Acting Chief Executive Officer

    (1)     Energy Safe Victoria may appoint a person to act in the office of Chief Executive Officer if—

        (a)     the office of Chief Executive Officer is vacant; or

        (b)     the Chief Executive Officer is absent; or

        (c)     for any other reason, the Chief Executive Officer is unable to perform the Chief Executive Officer's functions or duties.

    (2)     A person who is acting in the office of Chief Executive Officer under this section has all the functions, powers and duties of that office under this or any other Act.

    (3)     A person appointed to act in the office of Chief Executive Officer under subsection (1)—

        (a)     is appointed for the period specified in the instrument of appointment; and

        (b)     is appointed on the terms and conditions (including remuneration and allowances), specified in the instrument of appointment; and

        (c)     is eligible to be reappointed.

    (4)     The period of appointment specified in the instrument of appointment must not exceed 6 months.

        16     Validity of acts and decisions by Chief Executive Officer

    (1)     An act or decision of the Chief Executive Officer is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Chief Executive Officer.

    (2)     Anything done by or in relation to a person purporting to act as Chief Executive Officer is not invalid merely because—

        (a)     the occasion for the appointment has not arisen; or

        (b)     there was a defect or irregularity in relation to the appointment; or

        (c)     the appointment has ceased to have effect; or

        (d)     the occasion for the person to act had not arisen or had ceased.

        17     Pecuniary interests of Chief Executive Officer

    (1)     If the Chief Executive Officer has a pecuniary interest in a matter that they are to consider, the Chief Executive Officer must disclose the nature of that interest to Energy Safe Victoria.

    (2)     Subsection (1) does not apply to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.

    (3)     A failure to comply with this section does not affect the validity of a decision of the Chief Executive Officer.

        18     Protection from liability—Chief Executive Officer

    (1)     The Chief Executive Officer is not personally liable for anything done or omitted to be done in good faith—

        (a)     in the exercise of a power or the performance of a function of the Chief Executive Officer; or

        (b)     in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of the Chief Executive Officer.

    (2)     Any liability resulting from an act or omission that, without subsection (1), would attach to the Chief Executive Officer attaches instead to Energy Safe Victoria.".



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