Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p17
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 42619–45388

(1) The transfer of an officer under sub-section 49 (1) takes effect—
     (a) if the officer is not entitled to apply, or does not apply, under sub-section 52 (1), for permission to decline the transfer, or the officer does so apply and the Board or the relevant Secretary, as the case requires, notifies the officer, not later than the prescribed day, that permission is refused—on the prescribed day; or
     (b) if the officer applies under sub-section 52 (1) for permission to decline the transfer and the Board or the relevant Secretary, as the case requires, notifies the officer, after the prescribed day, that permission is refused—on the day when the officer is so notified.
"(2) The promotion of an officer under sub-section 49b (1) takes effect on the prescribed day, and salary at the rate applicable to the office concerned is payable to the officer on and from that day.".
(2) Notwithstanding the repeal made by sub-section (1), section 49d of the Principal Act continues to apply in relation to promotions and transfers made before the commencement of this section.

Subdivision D not to apply
37. Section 49e of the Principal Act is amended by inserting "51," after "sections".

Transfers and promotions
38. Section 50 of the Principal Act is amended—
     (a) by omitting sub-sections (1) and (2) and substituting the following sub-section:
    "(1) The Secretary of a Department shall not, except in prescribed circumstances, fill, by promotion, a vacant office in the Department (other than an office of Secretary or a Senior Executive Service office) unless the Secretary has caused notification of the vacancy to be given in the Gazette";
     (b) by omitting from sub-sections (3) and (4) "vacancy" (wherever occurring) and substituting "vacant office"; and
     (c) by omitting sub-section (6).

39. (1) Section 50a of the Principal Act is repealed and the following section is substituted:

Selection of officers for promotion
"50a. (1) For the purpose of exercising the power under sub-section 50 (3) or section 50da or 50db to promote an officer to fill a vacant office, a Secretary shall select the officer who is, in the opinion of the Secretary, the most efficient of the officers who have applied for promotion to the vacant office.

"(2) For the purpose of forming an opinion as to the most efficient of the officers who have applied for promotion to a vacant office, the Secretary shall have regard to—
     (a) the abilities, qualifications, experience, standard of work performance and personal qualities of each officer, to the extent that the Secretary considers that those matters are relevant to the performance of the duties of the office; and
     (b) the potential of each officer for further career development in the Service,