Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p55
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 134281–137084

amended by omitting from paragraph (2) (b) "section 50" and substituting "section 50c".

64. Before section 87u of the Principal Act the following section is inserted in Division 4 of Part IV:

Preservation of rights of certain officers
"87ta. Where—
     (a) on the commencing day, an officer is engaged in eligible Commonwealth employment; and
     (b) the repealed Officers' Rights Declaration Act 1928, or the former section 6 of the Trade Commissioners Act 1933, applied to him in respect of the employment (if any) in which he was engaged immediately before that day,
then, notwithstanding the repeal of the Officers' Rights Declaration Act 1928—
     (c) that Act as amended and in force immediately before that day continues to apply, or applies, as the case requires, on and after that

      day, by force of this section, to and in relation to him, and he retains his existing and accruing rights, until the expiration of the day on which—
         (i) he becomes engaged in employment other than eligible Commonwealth employment;
         (ii) he is appointed to an office in the Service;
         (iii) he ceases to be an officer; or
         (iv) he makes an election, or appeals against the promotion of another person to fill a vacant office in the Service, under sub-section 87u (2),
      whichever first occurs; and
     (d) for the purpose of determining those rights, his service in eligible Commonwealth employment during the period during which the first-mentioned Act so continues to apply, or so applies, as the case requires, shall be taken into account as if it were service in the Service.".

Rights of officers to whom repealed Officers' Rights Declaration Act applies
65. (1) Section 87u of the Principal Act is amended—
     (a) by omitting from sub-section (1) all the words after "1928" and substituting "applies by virtue of section 87ta"; and
     (b) by omitting from paragraph (2) (a) ", or the former section 6 of the Trade Commissioners Act 1933, as the case may be, ".
(2) Section 87u of the Principal Act is further amended—
     (a) by omitting paragraph (2) (b) and substituting the following paragraph:
         "(b) may appeal under section 50b of this Act against the promotion of another person to fill a vacant office in the Service."; and
     (b) by omitting from sub-sections (3) and (4) "provisional".

Effect of repealed Officers' Rights Declaration Act ceasing to apply to officer
66. Section 87v of the Principal Act is amended by omitting paragraph (1) (c) and substituting the following paragraph:
     "(c) in any other case—the officer continues, by force of this sub-section, to be an unattached officer until—
         (i) his promotion to an office in the Service takes effect;
         (ii) he is transferred to such an office under section