Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p10
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 25017–27779

a report or recommendation in relation to the exercise of such a power.".

Notification of certain matters related to appointment, transfer, promotion or advancement
22. (1) Section 33a of the Principal Act is amended—
     (a) by inserting after sub-section (1) the following sub-section:
    "(1a) Where a scale of rates of salary is applicable to an office, or offices included in a class of offices, the Board may, by instrument in writing published in the Gazette—

         (a) determine that an officer occupying that office, or an office included in that class of offices, shall, upon compliance with such conditions as are specified in the instrument, be paid salary at such rate in that scale as is specified or referred to in the instrument; and
         (b) determine that an officer occupying that office, or an office included in that class of offices, shall not be paid salary at a rate in that scale exceeding such rate as is specified or referred to in the instrument unless the officer has complied with such conditions as are specified in the instrument."; and
     (b) by omitting sub-section (2) and substituting the following sub-section:
    "(2) A qualification or condition set out in a notification under paragraph (1) (c) or (d), or a condition set out in an instrument under sub-section (1a), may be a qualification or condition that is defined or expressed by reference to the opinion of the Board, or the opinion of a person specified in the notification or instrument, in relation to a particular matter.".
(2) Section 33a of the Principal Act is further amended—
     (a) by inserting after paragraph (1) (d) the following paragraph:
         "(da) for the purpose of section 53, an examination or test in relation to offices included in a specified class of offices;"; and
     (b) by omitting paragraph (1) (e) and substituting the following paragraph:
         "(e) the circumstances in which a vacancy may be filled by a transfer or promotion under section 50db or 53; or".

Notification of vacancies in Senior Executive Service offices
23. Section 33aa of the Principal Act is amended by inserting after sub-section (3) the following sub-section:
"(3a) Sub-sections (1) and (2) do not apply to a vacancy in a Senior Executive Service office in a case where the vacancy occurred, after a previous vacancy in the office was filled by the appointment, promotion or transfer of a person to the office, without that person having started to perform the duties of the office but, if the Board so directs, the relevant Secretary shall comply with sub-section (2) in relation to the vacancy.".

24. Section 33c of the Principal Act is repealed and the following section is substituted:

Unattached officers
"33c. (1) The Secretary of