Document ID: chunk:federal_register_of_legislation:C2004A03321:body:0:p13
Version: federal_register_of_legislation:C2004A03321
Segment Type: other
Provision Reference: 
Character Range: 30727–33440

Secretary of the Department, being a promotion—
              (a) in a case where the appointment is in accordance with the advice of a Joint Selection Committee—made under section 50da of the Public Service Act; or
              (b) in any other case—made under section 50 of the Public Service Act; and
         (ii) the relevant staff member were an officer within the meaning of the Public Service Act;
     (b) the deemed promotion takes effect—
         (i) in a case where the deemed promotion is a promotion under section 50 of the Public Service Act—
              (a) if no appeal is made under section 50b of that Act against the deemed promotion of the relevant staff member or an appeal is, or appeals are, made under section 50b of that Act against the deemed promotion, but the appeal or each of the appeals, is disallowed or becomes inoperative not later than the prescribed day in respect of the deemed promotion—on the prescribed day in respect of the deemed promotion; or
              (b) if an appeal is, or appeals are, made under section 50b of that Act against the deemed promotion and the appeal, or each of the appeals, is disallowed or becomes inoperative but the day on which the appeal or one of the appeals is disallowed or becomes inoperative is later than the prescribed day in respect of the deemed promotion—on the day on which the appeal is disallowed or becomes inoperative or the latest day on which any of the appeals is disallowed or becomes inoperative, as the case may be; or
         (ii) in a case where the deemed promotion is a promotion under section 50da of that Act—on the prescribed day in respect of the deemed promotion;
     (c) the relevant staff member may, by writing signed by the relevant staff member and delivered to the Board, decline the deemed promotion at any time before the deemed promotion takes effect and, if the relevant staff member so declines the deemed promotion, the deemed promotion shall be taken not to have been made;
     (d) the appointment does not take effect upon the making of the appointment but takes effect on the day (if any) on which the deemed promotion takes effect;
     (e) the relevant staff member shall be deemed to be absent from the Service on leave of absence without pay until the relevant staff

      member commences to perform the duties of the office; and
     (f) if the relevant staff member does not commence to perform the duties of the office within a reasonable time after the appointment takes effect, the Board may cancel the appointment.
"(5) In this section, unless the contrary intention appears—
     'Board', 'Department', 'office', 'Secretary' and 'Service' have the same respective meanings as