(1) The Board may, by written instrument and with the written agreement of the Minister, 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:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
(2) A person is not eligible to be appointed to act as the CEO if the person is:
(a) a Board member; or
(b) a member of a Land Council; or
(c) a member of staff of a Land Council.