28. (1) The Board shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Agency.

(2) Notwithstanding subsection (1), the Minister may appoint the first chief executive officer for a term to be determined by the Minister.

(3) A person shall not be appointed under subsection (1) if he or she is not eligible to be appointed to the Board.

(4) The chief executive officer shall hold office, subject to subsection (3), on such terms and conditions (including those relating to remuneration, allowances and superannuation) as may be determined by the Board with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

(5) The chief executive officer shall not hold any other office or position without the consent of the Board.

(6) The chief executive officer may, with the approval of the Minister, be removed from office by the Board for stated reasons.

(7) The chief executive officer may attend meetings of the Board and may make submissions, orally or in writing, to and otherwise advise the Board at such meetings in accordance with the procedures of the Board regulated under section 22(12).

(8) The remuneration and allowances determined under subsection (4) are payable to the chief executive officer by the Agency out of funds at its disposal.