Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p41
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 103945–106716

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 employee is an employee to whom this sub-section applies if—
         (a) a court has, after 15 September 1980, convicted the employee of a criminal offence or found, without recording a conviction, that the employee has committed such an offence; and
         (b) the nature and seriousness of the offence, the circumstances in which it was committed and the nature of the employee's duties are such that it is in the interests of the Service that the employment of the employee should be terminated.".

88. (1) Section 82b of the Principal Act is repealed and the following section is substituted:

Employment of unsuccessful election candidates
"82b. (1) Where the Board is satisfied that—
     (a) a person who was an employee—
         (i) resigned in order to become a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State, of the Legislative Assembly for the Northern Territory or of a prescribed legislative or advisory body for another Territory;
         (ii) was a candidate at the election; and
         (iii) failed to be elected; and
     (b) the resignation took effect not earlier than 6 months before the date on which nominations for the election closed,
the Board shall, upon application by the person within 2 months after the declaration of the result of the election, employ the person in the same or a similar capacity with the same rate of pay as that payable to the person immediately before resigning.
"(2) The reference in sub-section (1) to the declaration of the result of the election shall, in relation to an election the result of which is challenged, be read as a reference to the determination of the challenge by a court of disputed returns or the lapsing of the challenge, whichever happens first.".

(2) Section 82b of the Public Service Act 1922 as enacted by sub-section (1) of this section applies in relation to any resignation of a person, before or after the commencement of this section, in order to become a candidate at an election, unless the result of the election was declared more than 2 months before that commencement.

Determinations
89. Section 82d of the Principal Act is amended—
     (a) by omitting sub-section (2) and substituting the following sub-section:
    "(2) Subject to paragraph (3) (b), where a determination under this section is inconsistent with—
         (a) a provision of this Act or the regulations;
         (b) a provision of, or a determination under, the Remuneration Tribunals Act 1973;