Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p72
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 182905–185696

to have been compulsorily retired from the Service.".

Interpretation
85. Section 76h of the Principal Act is amended by omitting the definition of "Appeal Tribunal "and substituting the following definition:
     "'Appeal Committee' means a Redeployment and Retirement Appeal Committee constituted under Subdivision D of Division 2 of Part II of the Merit Protection (Australian Government Employees) Act 1984.".

Declaration on grounds of invalidity
86. Section 76k of the Principal Act is amended by omitting from paragraph (3) (a) "Tribunal" and substituting "Committee".

Redeployment and retirement of Senior Executive Service officers
87. (1) Section 76l of the Principal Act is amended—
     (a) by inserting in paragraph (6) (a) "or 50da" after "50";
     (b) by omitting paragraphs (6) (b) and (c) and substituting the following paragraphs:
        "(b) determine, in writing, that a promotion that has been notified under section 50 or 50da but has not taken effect shall not take effect while the determination is in force; and
        "(c) cancel a promotion that has been notified under section 50 or 50da but has not yet taken effect, whether or not, in the case of a promotion notified under section 50, an appeal has, or appeals have, been made against the promotion.";
     (c) by omitting from sub-section (9) "sub-section 50 (11)" and substituting "section 50g"; and
     (d) by adding at the end thereof the following sub-sections:
    "(11) Where, in pursuance of paragraph (6) (b), the Board determines that a promotion shall not take effect while the determination in relation to that promotion is in force, the Board may, at any time while the determination is in force, cancel the promotion in pursuance of paragraph (6) (c).
    "(12) If the Board revokes a determination under paragraph (6) (b), the promotion to which the determination relates takes effect

    on the day on which it would have taken effect if the determination had not been made, but the Board may, in the instrument of revocation, determine that salary at the rate applicable to the office to which the promotion was made is payable to the officer concerned on and from a day (not being a day after the day on which the instrument of revocation was made) after the prescribed day in respect of the promotion.
    "(13) Where the Board, in a determination under sub-section (11), specifies a day on and from which salary at a particular rate is payable to an officer, salary at that rate is payable on and from that day notwithstanding section 50e.
    "(14) In this section, 'prescribed day', in relation to a promotion has the same meaning as in Division 4.".
(2) Section 76l of the Principal Act is amended by omitting from paragraph (5) (a) "Tribunal" and substituting "Committee".

Appeal