Document ID: chunk:federal_register_of_legislation:C2004A02378:body:0:p28
Version: federal_register_of_legislation:C2004A02378
Segment Type: other
Provision Reference: 
Character Range: 66598–69268

the performance of his work, complies with that direction, or with some or all of those directions, as the case requires, in part only.

"(6) A declaration under sub-section (1), and a variation or revocation of such a declaration—
     (a) shall be made in writing; and
     (b) shall be signed—
         (i) by a Commissioner; or
         (ii) by a person to whom the Commission has delegated its powers under this section.

"(7) Subject to sub-sections (8) and (9), the powers conferred on the Commission by this section are in addition to, and not in substitution for, any other powers conferred by or under this Act on the Commission, on a Commissioner or on any other person in relation to an officer or employee.

"(8) While a declaration under sub-section (1) is in force in respect of the refusal or failure of an officer or employee to comply with a direction, or with two or more directions, proceedings shall not be taken against the officer or employee under section 29 in respect of any refusal or failure of the officer or employee in respect of which that declaration was made.

"(9) Where proceedings are taken against an officer or employee under section 29 in respect of any refusal or failure of the officer or employee to comply with a direction, or with directions, of the kind referred to in sub-section (1), a declaration shall not be made under sub-section (1) in respect of any refusal or failure of the officer or employee in respect of which those proceedings have been taken unless those proceedings have been finally determined or otherwise terminated.

"(10) Where a declaration is made under sub-section (1) in respect of an officer or employee, or such a declaration is varied or revoked, the Commission shall cause such notice as it 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 Commission 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
"33ab. (1) Section 33aa has full force and