Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p27
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 65843–68487

substituting the following sub-section:
"(1) Where, in relation to any proposed appointments to the Service, an applicant who is a returned soldier and an applicant who is not a returned soldier are placed equal in the order in which, in accordance with a notification under section 33a, appointments to the Service are to be made, the applicant who is a returned soldier shall be preferred for appointment to the other applicant.".

Re-appointment of retired officers
25. (1) Section 47b of the Principal Act is amended by omitting from paragraph (1b) (a) "within the meaning of Division 6".
(2) Section 47b of the Principal Act is further amended by omitting sub-section (2).

Re-appointment of persons who have retired from Service to become candidates at elections
26. Section 47c of the Principal Act is amended by omitting from sub-section (2) all the words after "examination".

27. The heading to Division 5 of Part III of the Principal Act and sections 50 and 50a of the Principal Act are repealed and the following Subdivision heading and sections are substituted:

"Subdivision D—Promotions and Transfers of Officers other than Permanent Heads

Transfers and promotions
"50. (1) Where an office in a Department (other than an office of Permanent Head) is vacant, the Permanent Head of the Department may cause notification of the vacancy to be given in the Gazette.
"(2) Where notification of a vacancy in an office referred to in sub-section (1) has not been given in the Gazette, the Board may direct the relevant Permanent Head to cause notification of the vacancy to be given in the Gazette.
"(3) The Permanent Head of the Department in which a vacant office referred to in sub-section (1) exists may, subject to this Act, transfer or promote an officer to fill the vacancy.
"(4) Where an office referred to in sub-section (1) is an office in relation to which there is in force for the time being a notice in writing given by the Board to the Permanent Head of the Department in which the office exists that the office is an office in relation to which this sub-section is to apply, an officer shall not be transferred or promoted under sub-section (3) to fill the vacancy unless the Board has approved the filling of the vacancy.
"(5) A promotion of an officer under sub-section (3)—
     (a) shall be notified in the Gazette; and
     (b) is subject to appeal under section 50b.
"(6) A promotion of an officer under sub-section (3) does not take effect on the making of the promotion but, if—
     (a) no appeal is made under section 50b against the promotion; or
     (b) an appeal is, or appeals are, made under section 50b