Document ID: chunk:federal_register_of_legislation:C2004A02378:body:0:p19
Version: federal_register_of_legislation:C2004A02378
Segment Type: other
Provision Reference: 
Character Range: 44751–47386

of the Principal Act is amended by omitting "this Division" and substituting "the provisions of this Division other than sections 44 and 44a".

51. After section 43 of the Principal Act the following sections are inserted:

No work as directed—no pay
"44. (1) Where an officer or temporary employee refuses or fails to comply with a direction given by a person having authority to give the direction, being a direction with respect to work that he is performing or is to perform, the Commission may declare that the officer or employee is not to be paid salary.
"(2) A declaration under sub-section (1) in relation to the refusal or failure of an officer or temporary employee to comply with a direction—
     (a) shall specify the time (which may be a time before the declaration is made but not earlier than the time when the officer or employee refused or failed, or first refused or first failed, to comply with the direction) from which the declaration shall have effect, or shall be deemed to have had effect; and
     (b) has effect and shall be deemed to have had effect, according to its tenor, from the time so specified until it is revoked in accordance with this section.

"(3) An officer or temporary employee is not entitled to be paid salary in respect of any period in respect of which a declaration under sub-section (1) has effect, or is to be deemed to have had effect, in relation to him.

"(4) The Commission—
     (a) may, at any time, vary or revoke a declaration in force under sub-section (1) either wholly or in relation to a specified officer or temporary employee; and
     (b) shall, upon becoming satisfied that an officer or temporary employee in respect of whom a declaration under sub-section (1) is in force has been complying, or will comply, from a particular time, with all relevant directions with respect to the work that he is performing, or is to perform, given by persons having authority to give those directions, revoke, as from that time, that declaration, or that declaration in its application to that officer or employee, as the case requires.

"(5) A declaration made under sub-section (1) in respect of a refusal or failure of an officer or temporary employee to comply with a particular direction, or with particular directions, has effect in accordance with sub-section (2) notwithstanding that, at any time while it is in force, the officer or employee—
     (a) attends for duty and performs work other than work to which that direction, or any of those directions, as the case requires, relates; or
     (b) attends for duty and, in the performance of his work, complies with that