Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p13
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 31623–34375

retired from the Service by force of this subsection.

     "(6) If a person is retired by force of subsection (5), the Prime Minister may direct, in writing, that the person is to be taken:

      (a) not to have been so retired; and

        (b) after ceasing to hold an office of Secretary, to have continued, or to continue, as an officer until a specified date not later than the day on which the person will reach the age of 65 years;

     and, if such a direction is given, the person continues as an officer accordingly.

     "(6A) The Prime Minister may, at any time, in writing, vary a direction under subsection (6) by substituting for the date specified in the direction another date not later than the day on which the person will reach the age of 65 years, and the direction has effect as so varied.

      "(6B) If a direction is given under subsection (6):

        (a) subsection (5) has effect, in relation to the person to whom the direction relates, as if subsection (5) were expressed to retire the person from the Service on the date specified in the direction; and

        (b) the terms and conditions on which the person continues as an officer under the direction are those specified in, or ascertained in accordance with, the direction under subsection (6).";

    (f) by omitting from subsection (7) "subsection (6)" and substituting "subsection (5)";

  (g) by omitting from paragraph (8)(b) ", subject to subsection (5),";

  (h) by omitting subsections (13) and (14);

     (i) by omitting subsection (15) and substituting the following subsection:

      "(15) Division 8A does not apply to:

        (a) a person who is a Secretary by virtue of a fixed-term appointment; or

      (b) a person who continues as an officer under subsection (6).".

Transfer or promotion on advice of Joint Selection Committee

33. Section 50DA of the Principal Act is amended by adding at the end the following subsections:

  "(11) If:

    (a) a Joint Selection Committee has given advice to the Secretary in accordance with this section with respect to the filling of a vacant office (in this section referred to as the 'original office'); and

  (b) either:

        (i) the person recommended by the Committee for promotion or transfer to the original office is not able to be promoted or transferred to the office; or

        (ii) within 6 months after the original office was filled in accordance with the advice of the Committee, the original office again becomes vacant or an identical office in the same Department becomes vacant; and

    (c) the advice of the Joint Selection Committee was that 2 or more applicants were suitable for promotion or transfer to the original office; and

  (d) the advice indicated an order