Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p42
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 106439–109280

the following sub-section:
    "(2) Subject to paragraph (3) (b), where a determination under this section is inconsistent with—
         (a) a provision of this Act or the regulations;
         (b) a provision of, or a determination under, the Remuneration Tribunals Act 1973; or
         (c) a provision of another Act,
    (whether enacted or made before or after the commencement of this Division), the provision or determination referred to in paragraph (a), (b) or (c) prevails and the determination under this section is, to the extent of the inconsistency, of no effect.";
     (b) by inserting after sub-paragraph (4) (a) (iv) the following sub-paragraph:
         "(iva) the reckoning as service in the Service, for specified purposes of this Act or any other Act other than the Superannuation Act 1976, of the period between the resignation of an officer or employee as mentioned in sub-paragraph 47c (1) (a) (i) or 82b (1) (a) (i) and the reappointment or employment of the officer or employee under sub-section 47C (1) or 82b (1), as the case may be;";
     (c) by inserting after sub-paragraph (4) (a) (vi) the following sub-paragraph:
         "(via) the payment of the whole or part of an officer's salary during a period while the officer is suspended, imprisoned or in custody;";
     (d) by omitting sub-paragraphs (4) (a) (xii) and (xiii) and substituting the following sub-paragraph:
         "(xii) the provision of benefits to officers whose salary would, but for the determination, be reduced by reason of action taken under Division 8a, 8b or 8c of Part III or to persons who cease to be officers or cease to perform duties in the Service by reason of action taken, or retirement in accordance with, a provision of one of those Divisions; and"; and

     (e) by omitting sub-sections (10) and (11) and substituting the following sub-sections:
    "(10) The determinations made in each calendar year (including determinations amending or revoking other determinations) shall, subject to sub-section (10a), be numbered in regular arithmetical series, beginning with the number 1, as nearly as possible in the order in which they are made.
    "(10a) The Board may, if it thinks fit, number determinations relating to different subject matters in separate regular arithmetical series, each beginning with the number 1.
    "(11) A determination may, without prejudice to any other manner of citation, be cited by reference to its number and the calendar year in which it was made.".

Repeal of Division 11 of Part III
90. Division 11 of Part III of the Principal Act is repealed.

Cessation of leave without pay
91. Section 87d of the Principal Act is amended by omitting sub-section (2).

Employment of officers by certain authorities, &c., upon transfer of functions
92. Section 87j of the Principal Act is amended by