Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p29
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 73965–76820

Service or it is otherwise in the public interest to do so, the authority may, in writing, waive, for a specified period or otherwise, the requirement for appointment referred to in paragraph (1) (a) in relation to—
        (a) the appointment of a specified person—
          (i) to any office in respect of which that authority has the power of appointment; or
          (ii) as an unattached officer of the Service; or
        (b) the appointment of any person—
          (i) to a specified office, or an office included in a specified class of offices, in respect of which that authority has the power of appointment; or
          (ii) as a specified unattached officer or an unattached officer included in a specified class of unattached officers.
    "(5) Notwithstanding sub-section (4), a waiver by the Board under that sub-section is not effective unless and until the Prime Minister has, in writing, approved the waiver.
    "(6) In this section, unless the contrary intention appears—
        'appoint' does not include re-appoint;
        'appointing authority' means any person who is empowered by this Act to appoint a person to the Service, and includes the Board.".
27. Sections 35 to 46 (inclusive) of the Principal Act are repealed and the following Subdivision, Subdivision heading and sections are substituted:

"Subdivision B—Appointment of Secretaries of Departments

Interpretation
"35. In this Subdivision, unless the contrary intention appears—
'appointment' includes re-appointment;
     'Chairman' means Chairman of the Board and includes a person acting as the Chairman of the Board;
     'office of Secretary' means an office referred to in paragraph (a) of the definition of 'office of Secretary' in sub-section 7 (1), but does not include an office to or in relation to which section 9 applies.

Appointment of Secretaries of Departments
"36. (1) The Governor-General may, by instrument signed by him, appoint a person to an office of Secretary.
"(2) The power of the Governor-General to appoint a person to an office under sub-section (1) shall be exercised only in accordance with advice that is consistent with a recommendation by the Prime Minister.
"(3) The Prime Minister shall not recommend, for the purpose of sub-section (2), that a person be appointed under sub-section (1) to an office of Secretary unless he has received a report in writing from the Chairman in relation to the filling of the vacancy or expected vacancy in the office.
"(4) The Chairman shall, before preparing a report for the purposes of sub-section (3) in relation to the filling of a vacancy or expected vacancy in an office of Secretary of a Department, consult with the Minister administering that Department in relation to that matter.
"(5) The appointment of a person to an office of Secretary is not invalidated, and shall not be called