4   Commissioner of Soil Conservation Service

(1)  The Governor may from time to time appoint a Commissioner of the Soil Conservation Service of New South Wales who shall subject to the control and direction of the Minister exercise and discharge the powers, authorities, duties and functions conferred and imposed upon the Commissioner under this Act.

(1A)  The employment of the Commissioner is subject to Part 2A of the Public Sector Management Act 1988, but is not subject to Part 2 of that Act.

(2)–(5)  (Repealed)

(6) 

(a)  In the case of the absence from duty of the Commissioner the Governor may appoint a person to act in place of the Commissioner during the Commissioner’s absence.

(b)  While so acting the person shall have the immunities and may exercise and discharge all the powers, authorities, duties and functions of the Commissioner.

(c)  A person appointed under this subsection may if the Minister thinks fit be paid such remuneration for the person’s services, including travelling and subsistence allowances, as the Minister may determine.

(d)  No body shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the place of the Commissioner, or as to the necessity or propriety of any appointment of a person under this subsection, and all acts or things done or omitted by a person when so acting as aforesaid shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the Commissioner for whom the person is acting.

(7)–(8)  (Repealed)