Document ID: chunk:federal_register_of_legislation:C2004A03205:schedule:2:p10
Version: federal_register_of_legislation:C2004A03205
Segment Type: schedule
Provision Reference: sch 2 (pt 10/18)
Character Range: 27471–30217

such that it is in the interests of the Service that the employment of the employee should be terminated.".

Employment of persons who have resigned to become candidates at elections
22. Section 82b of the Principal Act is amended by omitting from sub-section (1) "section 82" and substituting "this Division".
23. After section 82b of the Principal Act the following section is inserted in Division 10 of Part III:

Administrative re-arrangements
"82ba. (1) Where—
    (a) a Department is abolished; or
    (b) by virtue of administrative arrangements approved by the Governor-General or the Prime Minister, or by virtue of the establishment, by an Act, of a Department of a kind referred to in paragraph (b) of the definition of 'Department' in sub-section 7 (1), a matter is to be dealt with by a different Department (in this section referred to as the 'gaining Department') from the Department (in this section referred to as the 'losing Department') by which that matter was dealt with immediately before that approval or establishment, as the case may be,
sub-section (2) has effect.
"(2) The Board may direct in writing that—
    (a) where paragraph (1) (a) applies—a person who was employed in the abolished Department immediately before the time of the abolition is to be employed in another Department; or
    (b) where paragraph (1) (b) applies—a person who was employed in the losing Department immediately before the time of the approval or establishment, as the case may be, referred to in that sub-section is to be employed in the gaining Department,
and thereupon the person shall be deemed as from that time to be employed as so directed, in the same capacity and subject to the same conditions as were applicable immediately before that time.

Interpretation
24. (1) Section 87 of the Principal Act is amended—
    (a) by omitting from sub-section (6) "Commission"; and
    (b) by inserting after sub-section (6) the following sub-section:
        "(6a) Where—
        (a) at any time (whether before, on or after the commencing day), in pursuance of an arrangement under sub-section 21 (1) of the Commonwealth Legal Aid Act 1977, a person who was an officer employed in the Australian Legal Aid Office has become a member of the staff of an approved legal aid commission; and
        (b) at a later time, the person has become the holder of a statutory office within the meaning of that Act,
        then, for the purposes of this Part, the person shall be deemed to have become, at that later time, the holder of an approved statutory office within the meaning of that Act.".

Employment of officers by certain authorities, &c., upon transfer of functions
25. Section 87j of the Principal Act is amended—
    (a) by inserting