Document ID: chunk:federal_register_of_legislation:C2004C02964:section:20:p1
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 20 (pt 1/2)
Character Range: 13872–16529

20  Officers
 (1) The relevant authority in relation to a component of the Service shall, on behalf of the Commonwealth, appoint as officers in that component such number of persons as he thinks necessary for the purpose of achieving the object of this Act in relation to that component.
 (2) Subject to the next succeeding subsection, a person shall not be appointed as an officer by a relevant authority unless:
 (a) he is an Australian citizen;
 (b) he possesses such educational qualifications, and such other qualifications (if any), as are determined by the relevant authority;
 (c) the relevant authority is satisfied as to his health and physical fitness;
 (d) the relevant authority is satisfied that he is a fit and proper person to be an officer; and
 (e) he makes and subscribes, before the relevant authority, a person appointed by the relevant authority or a justice of the peace, an oath or affirmation of allegiance in accordance with the form of oath or affirmation in the Second Schedule.
 (3) Where, in the opinion of the relevant authority, it is desirable to do so for the more efficient operation of the Service or it is otherwise in the public interest to do so, the relevant authority may, in writing, waive, for a specified period or otherwise, the requirements referred to in paragraphs (2)(a) and (e) in relation to:
 (a) the appointment of a specified person to any position in the Service; or
 (b) the appointment of any person to a specifiedposition, or to a position included in a specified class of positions, in the Service.
 (3A) Notwithstanding subsection (3), a waiver by the relevant authority under that subsection is not effective unless and until the Minister has, in writing, approved the waiver.
 (4) Subject to this Part, officers hold office on such terms and conditions as the Public Service Board determines.
 (5) A determination under subsection (4) may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification:
 (a) any of the provisions of a determination made under section 82D of the Public Service Act 1922 as in force at a particular time or as in force from time to time; or
 (b) any of the provisions of another determination made under subsection (4), or of a determination made under subsection 23(4), as in force at a particular time or as in force from time to time.
 (6) Subsections 82D(8) to (12), inclusive, and sections 82E and 82F of the Public Service Act 1922 apply in relation to determinations made under subsection (4) of this section in like manner as they apply in relation to determinations made under section 82D of the Public