Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p34
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 82752–85522

that section in effectuating the proposed transfers, be deemed to be vacant.".

28. After section 51 of the Principal Act the following section is inserted:

Abolition of Department or changed administrative arrangements
"51aa. (1) Where, under sub-section 29 (1a) or (1b), the Governor-General creates an office (in this section referred to as 'the substituted office') in a Department and declares that office to be in substitution for another office (in this section referred to as 'the former office') that existed in another Department immediately before the abolition of the other Department or before the abolition of the other office, as the case may be, the following provisions of this section have effect in relation to the filling of the vacancy in the substituted office.
"(2) Where the former office was, at the time when it ceased to exist, occupied by an officer, the Board may, by instrument in writing, transfer the officer to the substituted office.
"(3) Where the former office was, at the time when it ceased to exist, a vacant office in respect of which an act had been done or a thing had occurred in relation to the filling of the vacancy, that act shall be deemed to have been done or that thing shall be deemed to have occurred in relation to the filling of the vacancy in the substituted office.
"(4) Where the Board transfers an officer to the substituted office under sub-section (2), the Board shall cause a copy of the instrument of transfer to be furnished to—
     (a) where the substituted office is created under sub-section 29 (1a)—the Permanent Head of the Department in which the substituted office is created; or
     (b) where the substituted office is created under sub-section 29 (1b)—the Permanent Head of the Department in which the substituted office is created and the Permanent Head of the Department in which the former office existed.".

Temporary performance of duties
29. Section 51a of the Principal Act is amended—
     (a) by omitting from sub-section (1) "in the First Division by an officer who occupies another office in that Department" and substituting "of

      Permanent Head by an officer who occupies another office in that Department or an office in another Department"; and
     (b) by inserting after sub-section (1) the following sub-section:
     "(1a) Regulations under sub-section (1) may make different provision in respect of different periods of temporary performance of the duties of an office or in respect of different circumstances in which the selection of an officer to perform temporarily the duties of an office may be made.".

30. (1) Sections 53 to 54b (inclusive) of the Principal Act are repealed and the following sections and Subdivision are substituted:

Transfers or promotions to