Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p40
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 101428–104204

as officers of the Service or employed as employees in the Service.
"(4) A declaration under sub-section (2) or (3) has effect according to its terms on and from the day specified in the declaration for the purposes of this sub-section.
"(5) For the purpose of facilitating a transfer of persons into the Service under this section, the Board may, notwithstanding anything in any other provision of this Act or in any other law (other than an industrial award), determine any special terms or conditions of employment that are to apply to the persons.

Transfer of persons where functions to be performed by Commonwealth authority
"81c. (1) Where the Prime Minister certifies in writing that a function that has been performed by persons appointed or employed under this Act is to be performed by a Commonwealth authority, the Board may, by declaration in writing published in the Gazette, declare that specified officers or classes of officers are in the employment of the Commonwealth authority.
"(2) An officer specified, or included in a class of officers specified, in a declaration under sub-section (1)—
     (a) on the day specified in the declaration for the purpose of this sub-section, ceases to be an officer; and
     (b) from and including that day, is employed by the Commonwealth authority specified in the declaration.
"(3) For the purpose of facilitating a transfer of persons into the employment of a Commonwealth authority, the Commonwealth authority may, notwithstanding anything in any other law (other than an industrial award), determine any special terms or conditions of employment that are to apply to the persons.".

Repeal of Division 9f of Part III
85. (1) Division 9f of Part III of the Principal Act is repealed.
(2) Notwithstanding the repeal made by sub-section (1), Division 9f of Part III of the Principal Act continues to apply in relation to a class of persons in relation to which that Division applied immediately before the commencement of this section as if that repeal had not been made.

Employment of fixed-term employees
86. Section 82ae of the Principal Act is amended—
     (a) by adding at the end of sub-paragraph (2) (a) (ii) "or";
     (b) by omitting from the end of paragraph (2) (b) "or"; and

     (c) by omitting paragraph (2) (c).

Termination of employment
87. Section 82ah of the Principal Act is amended—
     (a) by omitting from sub-section (3) "to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 applies" and substituting "who is an officer within the meaning of Division 8c";
     (b) by omitting paragraph (3) (h) and substituting the following paragraph:
    "(h) is an employee to whom sub-section (4) applies."; and
     (c) by adding at the end the following sub-section:
    "(4) An