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HEALTH SERVICES ACT 1988 - SECT 248 Order in Council

HEALTH SERVICES ACT 1988 - SECT 248

Order in Council

    (1)     The Governor in Council, by Order published in the Government Gazette, on the recommendation of the Minister, may do one or more of the following—

        (a)     establish an agency;

        (b)     appoint a person to act as the first chief executive officer of an agency established by Order under this section and may specify the period (being not more than 6 months) of appointment and the terms and conditions of appointment;

        (c)     specify the by-laws, including the core objects, of an agency established by Order under this section;

        (d)     allocate to an agency or agencies (whether or not established by Order under this section) such of the property, rights and liabilities (wherever located) of another agency (whether or not its incorporation is cancelled by Order under this section) as are specified in the Order;

        (e)     cancel the incorporation of an agency from which property, rights and liabilities are transferred.

    (2)     Without limiting subsection (1)(d), an Order may allocate property, rights and liabilities by reference—

        (a)     to a campus of an agency or other place; or

        (b)     to a class or category of property, rights or liabilities; or

        (c)     to a combination of paragraphs (a) and (b).

    (3)     Before making a recommendation to make an Order under subsection (1)(e), the Minister must be satisfied that as far as practicable the property, rights and liabilities, wherever located, of the transferring agency whose incorporation is to be cancelled, have been transferred to another agency or agencies.

S. 249 inserted by No. 52/2004 s. 51.