Proposed section 38 is really about whether the exempt staff in question are covered by the cooling-off period at all. If they are covered, then proposed section 39--which gives the commissioner discretion to waive some or all of its provisions for a shorter or longer period of time--would apply. Proposed section 38 is the means by which it's determined whether exempt staff are subject to any of those cooling-off rules.
On June 7th, 2006. See this statement in context.