Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p31
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 75439–78103

case may be.
"(3) A promotion of an officer under sub-section 50d (7) takes effect on the day on which the promotion is made.
"(4) Where a promotion under section 50 of an officer to an office takes effect, salary at the rate applicable to that office is payable to the officer on and from the prescribed day in respect of the promotion.
"(5) Where, upon the determination of an appeal against the promotion under section 50 of an officer to an office, the promotion under sub-section 50d (7) of another officer to that office takes effect, salary at the rate applicable to that office is payable to that other officer on and from the day that is the prescribed day in respect of the first-mentioned promotion.
"(6) Notwithstanding any other provision of this Act, where an officer has been promoted, under section 50 or 50d to an office held by another officer, the promotion of the first-mentioned officer does not take effect unless the other officer ceases to hold the office.

Death of officer before appeal determined
"50f. Where, before an appeal under section 50b against the promotion of an officer has been determined, the officer dies, the appeal shall be deemed to lapse on the date of his death but the promotion shall not take effect unless the death occurred on or after the prescribed day in respect of the promotion.

Cancellation of promotions
"50g. (1) Notwithstanding any other provision of this Subdivision, if, after the date of notification of the promotion, under section 50, of an officer to

a vacant office but before the day on which the promotion takes effect, the Board is satisfied that—
     (a) the office should be abolished; or
     (b) notification or further notification of the vacancy is desirable, the Board may cancel the promotion.
"(2) If a promotion of an officer under section 50 that has not taken effect ceases, by reason of a change in rates of salary, to be a promotion of that officer, the relevant Permanent Head shall cancel that promotion.
"(3) Where a promotion is cancelled under this section, any appeal under section 50b against the promotion shall be deemed to lapse on the date of the cancellation.

Promotion appeal rights of officers eligible for redeployment under Commonwealth Employees (Redeployment and Retirement) Act
"50h. (1) This section applies to an officer who is a declared employee within the meaning of the Commonwealth Employees (Redeployment and Retirement) Act 1979.
"(2) An officer to whom this section applies has a right under this section to appeal against the promotion under section 50 of another person to a vacant office the classification of which is equal to or lower than the