Document ID: chunk:federal_register_of_legislation:C2004A02378:body:0:p25
Version: federal_register_of_legislation:C2004A02378
Segment Type: other
Provision Reference: 
Character Range: 59292–61914

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 member, as the case requires.

"(5) A declaration made under sub-section (1) in respect of a refusal or failure of a member of the Service 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 member—
     (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 direction, or with some or all of those directions, as the case requires, in part only.

"(6) A declaration under sub-section (1), and a variation or revocation of such a declaration—
     (a) shall be made in writing; and
     (b) shall be signed—
         (i) by the Commissioner; or
         (ii) by a person to whom the Commissioner has delegated his powers under this section.

"(7) Subject to sub-sections (8) and (9), the powers conferred on the Commissioner by this section are in addition to, and not in substitution for, any other powers conferred by or under this Act on the Commissioner or on any other person in relation to a member of the Service.

"(8) While a declaration under sub-section (1) is in force in respect of the refusal or failure of a member of the Service to comply with a direction, or with two or more directions, proceedings shall not be taken against the member under Division 6 of Part III in respect of any refusal or failure of the member in respect of which that declaration was made.

"(9) Where proceedings are taken against a member of the Service under Division 6 of Part III in respect of any refusal or failure of the member to comply with a direction, or with directions, of the kind referred to in sub-section (1), a declaration shall not be made under sub-section (1) in respect of any refusal or failure of the member in respect of which those proceedings have been taken unless those proceedings have been finally determined or otherwise terminated.

"(10) Where a declaration is made under sub-section (1) in respect of a member of the Service, or such a declaration is varied or revoked, the Commissioner shall cause such notice as he deems appropriate to be given of the making