Document ID: chunk:federal_register_of_legislation:C2004C02964:section:29:p2
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 29 (pt 2/2)
Character Range: 27537–29962

had but for the absence of the officer on active service or on specified defence service.
 (3E) Where the Promotions Appeal Board has formed an opinion as to the more or most efficient of the officers concerned, the Board shall:
 (a) unless paragraph (b) applies‑allow or disallow the appeal or appeals so as to give effect to its opinion; or
 (b) if the Board has formed the opinion that none of the officers concerned is capable of efficiently performing the duties of the office‑disallow the appeal or appeals and the relevant authority shall cancel the promotion.
 (3F) A Promotions Appeal Board shall refuse to consider or further consider an appeal if each member of the Board is satisfied that the appeal is frivolous or vexatious or was not made in good faith.
 (3G) Where a Promotions Appeal Board refuses to consider or further consider an appeal, the appeal shall thereupon be deemed to have been withdrawn.
 (4) Where an appeal is allowed, the relevant authority shall cancel the provisional promotion and promote the appellant to the vacant position.
 (5) Where, in respect of a provisional promotion, no appeal is duly made or an appeal has, or appeals have, been duly made but the appeal, or each of the appeals, has been disallowed or has become inoperative, the relevant authority shall confirm the provisional promotion.
 (6) If, after notification has been made of a provisional promotion to a vacant position but before the promotion has been confirmed, the relevant authority is satisfied that the position is unnecessary or can be filled by the transfer of an excess officer, or that the notification or further notification of the vacancy in the position is desirable, the relevant authority may cancel the provisional promotion.
 (7) The relevant authority may cancel a provisional promotion in accordance with the last preceding subsection whether or not there has been an appeal against the provisional promotion, and, where the relevant authority so cancels a provisional promotion, any appeal proceedings in respect of the promotion shall be discontinued.
 (8) For the purposes of this section, an appeal shall be taken to become inoperative if:
 (a) the appeal is withdrawn;
 (b) the appellant ceases to be an officer; or
 (c) the appellant ceases, by reason of the confirmation of his promotion to another position or for any other reason, to be eligible for promotion to the position concerned.