Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p54
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 131792–134531

and to have been absent from the Service on leave of absence without pay from the day on which he is to be deemed to have been so re-appointed until he commences to perform the duties of the office; and
             (ii) the period during which he is to be deemed to have been absent from the Service on leave of absence without pay shall form part of his period of service under this Act for all purposes of this Act and of the Long Service Leave (Commonwealth Employees) Act 1976"; and
         (e) by adding at the end thereof the following sub-section:
         "(9) A reference in this section (other than in sub-section (7) to a promotion is a reference to a promotion that has taken effect.".

Application for re-appointment to Service
59. Section 87n of the Principal Act is amended—
     (a) by omitting paragraph (5) (e) and substituting the following paragraph:
         "(e) shall, in a case where, by virtue of the operation of sub-section 87m (1) —
           (i) he had been promoted under section 50 to fill a vacant office in the Service, or had appealed under section 50b against the promotion of another person to fill such an office, before the day on which his employment is terminated; and
           (ii) the promotion had not taken effect or had not been cancelled before that day,

          set out particulars of the promotion or of the appeal, as the case may be.";
     (b) by omitting from sub-paragraph (7) (a) (i) "in a specified Division";
     (c) by omitting paragraph (10) (a); and
     (d) by omitting paragraph (11) (b) and substituting the following paragraph:
       "(b) determine that the applicant is eligible for re-appointment with a specified designation whether or not he has the academic or other qualifications (if any) applicable, in accordance with a notification in force under paragraph 33a (1) (d), to an office having that designation.".

Re-appointment to Service
60. Section 87q of the Principal Act is amended—
     (a) by omitting from sub-section (1) "of the Division, "; and
     (b) by omitting from paragraph (4) (d) "of the Division, ".

Re-appointment in special circumstances
61. Section 87r of the Principal Act is amended by omitting from paragraph (2) (a) "of the Division of which he was last an officer".

Rights of officers upon re-appointment
62. Section 87s of the Principal Act is amended by omitting sub-sections (4) and (5).

Constitution of, and inquiries by, Committees
63. Section 87t of the Principal Act is amended by omitting from paragraph (2) (b) "section 50" and substituting "section 50c".

64. Before section 87u of the Principal Act the following section is inserted in Division 4 of Part IV:

Preservation of rights of certain officers
"87ta. Where—