Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p16
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 41931–44893

not suitable for the performance of the duties of SES offices of the same or equal classification; or".

Subsection 49B(3A):

    (a) Omit "itself, substitute "himself or herself.

    (b) Omit "Board may, if it", substitute "Commissioner may, if he or she".

    (c) Omit "where it does so, the Board", substitute "where he or she does so, the Commissioner".

SCHEDULE 1—continued

Subsection 49C(1):

    (a) Insert ", or transfer under paragraph 49(1B)(c)", after "promotion" (first occurring).

    (b) Omit "for promotion" (second occurring).

Paragraphs 49C(2)(a) and (b):

Omit the paragraphs, substitute:

     "(a) the duties of the vacant office; and

     (b) in the case of an SES office (other than an SES (Specialist) office)—the duties of SES offices having classifications the same as or equal to the classification of the vacant office;".

Paragraph 49C(2)(d):

Omit the paragraph, substitute:

     "(d) in the case of the promotion of an officer, or the transfer of an SES officer under paragraph 49(1B)(c), to a vacant SES office (other than an SES (Specialist) office)—the capability of the officer to discharge the duties referred to in paragraph (b);

     (da) the capability of the officer to discharge the duties of the vacant office;".

Subsection 49D(1):

Omit "subsection 49(1)", substitute "section 49".

Paragraphs 49D(1)(a) and (b):

Omit "Board" (wherever occurring), substitute "Commissioner".

Subsection 62(10):

Omit the subsection, substitute:

"(10) A direction under this section in respect of an officer takes effect:

    (a) if the officer has no right of appeal against the direction—on the day on which the officer is furnished with particulars of the reasons for the giving of the direction; or

    (b) if the officer has a right of appeal against the direction and appeals—on the lapsing or withdrawal of the appeal or on a Disciplinary Appeal Committee confirming the direction, whichever happens first; or

    (c) in any other case—at the end of the period within which the officer may appeal against the direction to a Disciplinary Appeal Committee.".

SCHEDULE 1—continued

Subsection 63(5):

Omit the subsection, substitute:

"(5) A direction under this section in respect of an officer takes effect:

    (a) if the officer has no right of appeal against the direction—on the day on which the officer is furnished with particulars of the reasons for the giving of the direction; or

    (b) if the officer has a right of appeal against the direction and appeals—on the lapsing or withdrawal of the appeal or on a Disciplinary Appeal Committee confirming the direction, whichever happens first; or

    (c) in any other case—at the end of the period within which the officer may appeal against the direction to a Disciplinary Appeal Committee.".

Subsection 63(6):

Omit "Board or another body, or", substitute "Commissioner, a body,".

After subsection 64(17):

Insert:

"(17A) Where the judgment creditor