Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p45
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 113951–116772

"Secretary" (first occurring);
     (b) by omitting from sub-section (2) "referred to in sub-section (1)" and substituting "to which sub-section (1) applies";
     (c) by omitting from sub-section (3) "referred to in sub-section (1)" and substituting "to which sub-section (1) applies";
     (d) by omitting from sub-section (4) "referred to in sub-section (1)" and substituting "to which sub-section (1) applies";
     (e) by inserting in sub-section (4) "or section 50da" after "sub-section (3)"; and
     (f) by inserting after sub-section (5) the following sub-sections:
    "(5a) An officer who is transferred under sub-section (3) shall be given notice in writing of the transfer.
    "(5b) Where—
        (a) a promotion of an officer purports to be notified in the Gazette;
        (b) the notification in the Gazette is inaccurate in a material respect; and
        (c) the Board approves, in writing, the taking of action under this sub-section in relation to the promotion,
    the promotion may, within 21 days after the notification referred to in paragraph (a), be notified again in the Gazette and, where a promotion is so notified, the notification has effect for all purposes as if it had been made on the day on which the notification referred to in paragraph (a) occurred.".
(2) Section 50 of the Principal Act is amended by inserting after sub-section (4) the following sub-section:
"(4aa) In determining, for the purposes of this Act, the aptitude of an officer for the discharge of the duties of an office, regard shall be had to—
     (a) in a case where the office is a part-time office—the willingness of the officer to undertake the duties of the office on the basis that the hours of attendance applicable to him will be those specified in the declaration under sub-section 29b (1) in relation to the office; and
     (b) in a case where the office is a full-time office—the willingness of the officer to undertake the duties of the office on a full-time basis.".

Selection of officers for promotion
38. (1) Section 50a of the Principal Act is amended by omitting from sub-section (2) "a Committee or the Board" and substituting "Promotion Appeal Committee or Joint Selection Committee".

(2) Section 50a of the Principal Act is amended—
     (a) by omitting paragraph (2) (e) and substituting the following paragraphs:
        "(e) in a case where the vacant office concerned is a part-time office—the willingness of the officer to undertake the duties of the office on the basis that the hours of attendance applicable to him will be those specified in the declaration under sub-section 29b (1) in relation to the office;
        "(f) in a case where the vacant office concerned is a full-time office—the willingness of the officer to undertake the duties of the office on a full-time basis;