Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p39
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 98825–101651

officer employed in dual capacities
83. Section 81 of the Principal Act is amended—
     (a) by omitting "Governor-General" and substituting "Prime Minister"; and
     (b) by omitting "the Governor in Council" and substituting "an appropriate authority".

84. After Division 9 of Part III of the Principal Act the following Division is inserted:

"Division 9a—Transfer of persons into or out of the Service

Interpretation
"81a. In this Division, unless the contrary intention appears—
     'officer' includes an employee;
     'terms and conditions' includes terms or conditions relating to salary, pay or allowances, appointment on probation, long service leave or other leave, or tenure, but does not include terms or conditions relating to superannuation.

Appointment or employment of persons where functions to be performed by Commonwealth, &c.
"81b. (1) Where the Prime Minister certifies in writing that a function that has been performed otherwise than by persons appointed or employed under this Act is to be performed by persons appointed or employed under this Act, the Board may, notwithstanding any other provision of this Act, appoint to the Service, or direct the employment in the Service of, persons who have been involved in the performance of the function.
"(2) Where the Prime Minister certifies in writing that a function that has been performed on behalf of the Commonwealth or a Commonwealth authority otherwise than by persons appointed or employed under this Act is to be performed on behalf of the Commonwealth or a Commonwealth authority by persons appointed or employed under this Act, the Board may, by declaration in writing published in the Gazette, declare that specified persons or classes of persons who have been involved in the performance of that function are appointed as officers of the Service or employed as employees in the Service.
"(3) Where, after having received a report from the Board, the Prime Minister certifies in writing that it is in the interests of the Commonwealth for specified persons, or a specified class of persons (being persons employed by or on behalf of the Commonwealth otherwise than under this Act, or employed by a Commonwealth authority), to be available for appointment

to or employment in the Service under this section, the Board may, by declaration in writing published in the Gazette, declare that persons specified in the declaration, or included in a class of persons so specified (being some or all of the persons specified, or included in a class of persons specified, in the Prime Minister's certificate), are appointed as officers of the Service or employed as employees in the Service.
"(4) A declaration under sub-section (2) or (3) has effect according to its terms on and from the day specified in the declaration for the purposes of this