Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p16
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 40142–42846

re-appoint the person to the Service to fill the office occupied by the person immediately before resigning or an equivalent office or, if such an office is not available, as an unattached officer having the same classification as the person had 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.
"(3) Where—
     (a) a person who resigned from the Service as mentioned in sub-paragraph (1) (a) (i) was appointed to the Service on probation and, at the time of the resignation, the person's appointment had not been confirmed; and
     (b) the person is re-appointed to the Service under this section,
section 47 applies in relation to the person as if the person had not resigned but, for the purpose of calculating periods for the purposes of that section, the period between the person's resignation and the re-appointment under this section shall be disregarded.
"(4) In this section, 'officer' does not include a Secretary or an unattached Secretary.".
(2) Section 47c 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.

Promotions to Senior Executive Service offices
35. Section 49b of the Principal Act is amended by inserting after sub-section (3) the following sub-section:
"(3a) For the purpose of satisfying itself in relation to the matters specified in paragraph (3) (a), the Board may, if it considers it appropriate, in relation to a vacancy in an office occurring, after a previous vacancy in the office was filled by the appointment, promotion or transfer of a person to the office, without that person having started to perform the duties of the office, have regard to the procedures followed in relation to the previous vacancy and, where it does so, the Board need not have regard to any procedures followed in relation to the first-mentioned vacancy.".
36. (1) Section 49d of the Principal Act is repealed and the following section is substituted:

Day on which transfer or promotion takes effect
"49d. (1) The transfer of an officer under sub-section 49 (1) takes effect—
     (a) if the officer is not entitled to apply, or does not apply, under sub-section 52 (1), for permission to decline the transfer, or the officer does so