Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p27
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 67855–70787

in relation to promotions or transfers made before the commencement of this section.

Transfers and promotions to specified offices may be made in accordance with order of passing examinations
46. Section 53 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:
    "(1) Where—
         (a) in circumstances specified in a notification under paragraph 33a (1) (e) in relation to a class of offices, there is a vacancy in an office or offices included in that class; and
         (b) an examination is specified in a notification under paragraph 33a (1) (da) in relation to that class of offices,
    then, if the Secretary of the Department in which the vacant office exists or the vacant offices exist—
         (c) if only one officer has passed the examination and is otherwise eligible for transfer or promotion to that office—transfers or promotes that officer to that office or to one of those offices; or
         (d) if 2 or more officers have passed the examination and are otherwise eligible for transfer or promotion to that office or those offices—transfers or promotes those officers to that office or those offices in accordance with the order of merit in which they passed the examination,
    the transfer or promotion, or each of the transfers or promotions, shall be deemed not to have been made under section 50 but to have been made under this section.";
         (b) by omitting sub-section (2); and

         (c) by omitting sub-section (4) and substituting the following sub-section:
            "(4) In this section—
            (a) 'examination' includes a test; and
            (b) a reference to passing an examination includes a reference to completing satisfactorily any task required to be performed for the purposes of assessment.".

Promotion of officers who complete courses of training for special positions
47. Section 53a of the Principal Act is amended by omitting from sub-section (8) "the Permanent Head" and substituting "a Secretary".

Interpretation
48. Section 55 of the Principal Act is amended by omitting from sub-section (1) the definition of "Chief Officer".

Meaning of failure to fulfil duty as officer
49. Section 56 of the Principal Act is amended by inserting after paragraph (e) the following paragraph:
     "(ea) the officer engages in conduct (including patronage, favouritism or discrimination) in breach of section 33;".

Disciplinary action
50. (1) Section 61 of the Principal Act is amended—
     (a) by omitting sub-section (1);
     (b) by omitting from sub-sections (2) and (3) "Chief Officer" (wherever occurring) and substituting "relevant Secretary"; and
     (c) by omitting from sub-section (2) ", whether by reason of his consideration of a report furnished under sub-section (1) or otherwise,".
(2) Subdivision C of Division 6 of Part III of the Public Service Act 1922 applies, after the commencement