Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p32
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 77884–80490

"(2) An officer to whom this section applies has a right under this section to appeal against the promotion under section 50 of another person to a vacant office the classification of which is equal to or lower than the classification of the office occupied by the officer to whom this section applies.
"(3) Where an officer to whom this section applies is an unattached officer, the reference in sub-section (2) to a vacant office the classification of which is equal to or lower than the classification of the office occupied by the officer to whom this section applies shall be read as a reference to a vacant office the maximum rate of salary applicable to which is equal to or lower than the salary, or the maximum rate of salary, applicable to the officer to whom this section applies as an unattached officer.
"(4) Sub-sections 50b (2), (3) and (4) apply in relation to an appeal under this section as if the appeal were an appeal under sub-section 50b (1).
"(5) Where an officer to whom this section applies appeals under this section against the promotion of another officer, then, for the purposes of this Act in relation to that appeal—
     (a) references in this Act to promotion shall, in relation to the officer to whom this section applies, be read as references to the transfer of the officer; and
     (b) references in this Act to an appeal under section 50b shall be read as references to an appeal under this section.
"(6) Where an officer to whom this section applies makes an appeal under this section or section 50b, the making of the appeal—
     (a) does not prevent the Board from issuing a certificate in respect of the officer under section 11 or 14 of the Commonwealth Employees (Redeployment and Retirement) Act 1979;

     (b) does not constitute a ground for a Commonwealth Employees Redeployment and Retirement Appeals Tribunal revoking under paragraph 15 (2) (b) of that Act a certificate issued in respect of the officer under section 11 or 14 of that Act; and
     (c) does not affect the operation of section 19 of that Act.
"(7) The revocation, under paragraph 11 (6) (a) of the Commonwealth Employees (Redeployment and Retirement) Act 1979, of a declaration made under section 9 of that Act in relation to an officer to whom this section applies does not affect the right of that officer to have an appeal under this section determined.

Transfer of officers by Permanent Head from one Department to another
"50j. (1) Where—
     (a) an officer whom it is proposed to transfer to a vacant office under section 50 is an officer performing duties in a Department other