(1) An Agency Head may, in writing, create positions in the Agency.
(2) An Agency Head may from time to time nominate any APS employee in the Agency to occupy a position in the Agency, but does not have to do so for all APS employees in the Agency.
(3) A provision of any Act that applies to APS employees who are nominated under this section to occupy a position applies in the same way to APS employees who are not nominated under this section to occupy a position.