Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p17
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 44615–47528

the end of the period within which the officer may appeal against the direction to a Disciplinary Appeal Committee.".

Subsection 63(6):

Omit "Board or another body, or", substitute "Commissioner, a body,".

After subsection 64(17):

Insert:

"(17A) Where the judgment creditor is the Commonwealth, this section has effect as if:

    (a) subsections (4), (6), (7), (10) and (12) and subparagraph (13)(b)(i) were omitted; and

    (b) ', subject to subsection (6),' were omitted from subsection (5); and

    (c) 'or (6)' were omitted from subsection (8); and

    (d) '(7)(c) or' were omitted from subsection (11); and

    (e) ', (6), (7)' were omitted from subparagraph (14)(a)(ii) and paragraph (14)(b).".

Heading to Division 9A of Part III:

Insert "or reintegration" after "Transfer".

Subsections 81B(1), (2) and (3):

Omit "Board" (wherever occurring), substitute "Commissioner".

After subsection 81B(3):

Insert:

"(3A) Where, after receiving a report from the Commissioner, the Prime Minister certifies in writing that it is in the interests of the Commonwealth that a person:

SCHEDULE 1—continued

    (a) to whom Division 2 of Part IV applies; or

    (b) to whom the repealed Officers' Rights Declaration Act 1928 applies;

resumes duties in the Service, the Commissioner may, by determination, reintegrate the person into the Service.

"(3B) A determination under subsection (3A) may, notwithstanding anything in any other provision of this Act or in any other law, provide:

    (a) in the case where the person is not to resume duties in a particular office—the classification that the person is to have as an unattached officer in the Service; or

    (b) in any other case—that the person is to resume duties in a particular office in the Service.".

Subsection 81B(5):

    (a) Omit "facilitating a transfer of persons into the Service under this section, the Board", substitute:

"facilitating:

         (a) a transfer of a person into the Service under subsection (1), (2) or (3); or

         (b) a reintegration of a person into the Service under subsection (3A);

the Commissioner".

    (b) Omit "to the persons", substitute "to the person".

After section 82AH:

Insert:

Unauthorised absence from employment to be taken as retirement

"82AJ.(1) This section applies to the following employees:

    (a) a continuing employee;

    (b) an employee whose employment is deemed to be employment as a continuing employee under subsection 82AD(9).

"(2) Where an employee is absent from his or her employment in a Department without permission, and has been so absent for a continuous period of not less than 4 weeks, the relevant Secretary may send to the employee a notice informing the employee that unless within a period of 2 weeks from and including the day on which the notice was sent:

    (a) he or she returns to his or her employment in the Department; or

    (b) he or she