Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p26
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 65253–68107

sub-section (1) and substituting the following sub-section:
    "(1) This section applies to an officer who has been told by the relevant Secretary that the relevant Secretary is satisfied that the officer is an excess officer."; and
     (b) by omitting sub-sections (6) and (7) and substituting the following sub-section:
    "(6) The making of an appeal under this section or section 50b by an officer to whom this section applies does not affect the operation of Division 8c".

Transfers of officers and employees between Departments
44. Section 51 of the Principal Act is amended by adding at the end the following sub-sections:
"(3) Where, in the opinion of the Board, it is necessary in the interests of the efficient administration of the Service to do so (including in a case to which section 76w applies), the Board may, after consulting with the Secretary of each of the Departments concerned—
     (a) transfer an officer who holds an office, or is included, in a Department—
         (i) to a specified office in another Department; or
         (ii) to another Department as an unattached officer; or
     (b) direct that an employee who is employed in a particular capacity in a Department be employed in an equivalent capacity in another Department.
"(4) Notwithstanding sections 49d and 50e, a transfer under paragraph (3) (a) takes effect as specified by the Board.".

Officer may apply to decline transfer within Department, &c.
45. (1) Section 52 of the Principal Act is amended—
     (a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
    "(1) Where a decision is made to transfer an officer of a Department to another office in the Department, the officer may apply for permission to decline the transfer—

         (a) where the relevant Secretary made, or was personally involved in the making of, the decision—to the Board; or
         (b) in any other case—to the relevant Secretary,
    and the Board or the Secretary may permit the officer to decline the transfer without prejudice to the officer's right of future promotion or transfer.
    "(2) An application under sub-section (1) shall be made in writing and within the prescribed period."; and
     (b) by omitting from sub-section (3) "promotion or" (wherever occurring).
(2) Section 52 of the Principal Act is further amended by omitting from sub-section (4) "and 8b and the Commonwealth Employees (Redeployment and Retirement) Act 1979," and substituting ", 8b and 8c,".
(3) Notwithstanding the amendments made by sub-section (1), section 52 of the Principal Act continues to apply in relation to promotions or transfers made before the commencement of this section.

Transfers and promotions to specified offices may be made in accordance with order of passing examinations
46. Section 53 of the Principal Act is amended—
     (a) by