Document ID: chunk:federal_register_of_legislation:C2004A02378:body:0:p26
Version: federal_register_of_legislation:C2004A02378
Segment Type: other
Provision Reference: 
Character Range: 61691–64458

Where a declaration is made under sub-section (1) in respect of a member of the Service, or such a declaration is varied or revoked, the Commissioner shall cause such notice as he deems appropriate to be given of the making of the declaration or of the variation or revocation of the declaration, as the case may be.

"(11) The period during which a declaration under sub-section (1) has effect in respect of an officer or employee—forms part of his period of service or employment under this Act for the purposes of the Superannuation Act 1976 but does not, unless the Commissioner otherwise determines, form part of his period of service of employment under this Act for any purpose of this Act or of any other Act.

"(12) In this section, unless the contrary intention appears—
     'direction' includes an order and an instruction;
     'salary' includes wages or other remuneration and any allowances that are declared by the regulations to be included in salary for the purposes of this definition.

Declarations to prevail over awards
"23b. (1) Section 23a has full force and effect, and declarations in force under sub-section 23a(1) have full force and effect according to their tenor, notwithstanding any inconsistency—
     (a) with any other provision of this Act;
     (b) with any other law of the Commonwealth enacted before the commencement of this section; or
     (c) with any award made before or after the commencement of this section.

"(2) Except as provided in sub-section (1), nothing in a declaration in force under sub-section 23a (1) shall be taken as affecting—
     (a) the application of any law, or of any award, to or in relation to a member of the Service; or
     (b) the terms and conditions of employment of a member of the Service.

"(3) In this section, 'award' includes a determination or other instrument making provision with respect to terms and conditions of employment, being a determination or instrument of a kind similar to an award.".

Settlement of industrial disputes and determination of industrial matters in respect of the Service
56. Section 39 of the Principal Act is amended—
     (a) by omitting from paragraph (a) of sub-section (2) "or" (second occurring); and
     (b) by inserting after paragraph (a) of that sub-section the following paragraph:
     "(aa) section 23a of this Act; or".

PART VI—AMENDMENTS OF THE OVERSEAS TELECOMMUNICATIONS ACT

Principal Act
57. The Overseas Telecommunications Act 1946 is in this Part referred to as the Principal Act.

58. After section 33 of the Principal Act the following sections are inserted:

No work as directed—no pay
"33aa. (1) Where an officer or employee refuses or fails to comply with a direction given by a person having authority to give the direction,