Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p12
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 30047–32928

practicable after the making of the appointment,

    make a determination in writing in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.
    "(4) Without limiting the generality of sub-section (3), a determination under that sub-section in relation to a relevant person may provide that the Superannuation Act 1976 applies in relation to the person as if the person became an eligible employee within the meaning of that Act on a specified day, which may be on or after, or not earlier than 3 months before, the date of the determination, and where a determination so provides, the Superannuation Act 1976 has effect accordingly."; and
     (b) by adding at the end the following sub-section:
    "(6) The Board is not empowered to make a determination for the purposes of sub-section (3) except in accordance with arrangements approved by the Minister for Finance.".

Acting appointments of Secretaries of Departments
30. (1) Section 39 of the Principal Act is amended—
     (a) by omitting from sub-sections (1) and (5) "Governor-General" and substituting "Prime Minister";
     (b) by omitting from sub-section (1) ", by instrument, signed by him," and substituting ", in writing,"; and
     (c) by omitting sub-section (4) and substituting the following sub-section:
    "(4) The Prime Minister may at any time, in writing, terminate an appointment under sub-section (1).".
(2) An appointment by the Governor-General under section 39 of the Principal Act that was in force immediately before the commencement of this section shall, after that commencement, be deemed to be an appointment by the Prime Minister under section 39 of the Public Service Act 1922.

Special appointments
31. Section 43 of the Principal Act is amended—
     (a) by omitting from sub-section (2) ", after obtaining a report from the Secretary of the Department concerned,"; and
     (b) by omitting from sub-section (3) "report and".

Superannuation benefits for fixed-term Senior Executive Service officers
32. Section 45 of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section:
"(4) Without limiting the generality of sub-section (3), a determination under that sub-section in relation to a relevant person may provide that the Superannuation Act 1976 applies in relation to the person as if the person became an eligible employee within the meaning of that Act on a specified

day, which may be on or after, or not earlier than 3 months before, the date of the determination, and where a determination so provides, the Superannuation Act 1976 has effect accordingly.".

33. (1) Section 47 of the Principal Act is repealed and the following section is substituted:

Appointments to be on probation
"47. (1) Subject to sub-section (2), the appointment of a person to the Service as