Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:20:p1
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 20 (pt 1/3)
Character Range: 111817–114683

20  Annual rate of salary of certain redeployed eligible employees etc.
 (1) In this regulation:
classification, office of Secretary, officer, Secretary, Senior Executive Service office, Senior Executive Service officer and unattached Secretary have the same meaning as in subsection 7(1) of the Public Service Act.
fixed‑term appointment means:
 (a) in relation to a Secretary—a fixed‑term appointment within the meaning of section 37 of the Public Service Act; or
 (b) in relation to a Senior Executive Service officer—a fixed‑term appointment within the meaning of section 44 of that Act.
relevant day, in relation to an eligible employee to whom this regulation applies, means the day on which the eligible employee became such an eligible employee.
 (2) For the purposes of this regulation, the question whether the classification of an office is equal to, higher than, or lower than, the classification of another office is to be determined in accordance with subsections 28(2) and (3) of the Public Service Act.
 (3) Subject to subregulation (6), where:
 (a) an eligible employee, being a Secretary or an unattached Secretary:
 (i) is appointed to an office of Secretary of lower classification than the classification of the office of Secretary held immediately before the appointment, or last held before the appointment, by the eligible employee; or
 (ii) is transferred to a Senior Executive Service office; or
 (iii) has his or her classification reduced to a classification that is, for the purposes of the Public Service Act, a Senior Executive Service classification; or
 (iv) is appointed to the office of Administrator of the Territory of Norfolk Island and the salary payable in respect of that office is less than the salary payable to him or her immediately before the appointment; or
 (b) an eligible employee, being a Senior Executive Service officer, is transferred to an office of lower classification than the classification of the office held, immediately before the transfer, by the eligible employee;
then, unless on the day on which the eligible employee is so appointed or transferred or has his or her classification so reduced the eligible employee is, by virtue of subregulation (4), an eligible employee to whom this regulation applies, the eligible employee becomes on that day an eligible employee to whom this regulation applies.
 (4) If an eligible employee becomes an eligible employee to whom this regulation applies, then, subject to subregulation (7), the employee continues to be an eligible employee to whom this regulation applies until:
 (a) in the case of an eligible employee referred to in subparagraph (3)(a)(iv)—the salary payable to the eligible employee ceases to be lower than the salary payable to an officer whose classification is the same as the classification of the eligible employee immediately before the