Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p20
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 49388–52026

greater than the minimum rate at which salary is payable to the occupant of an office having a classification of Senior Executive Band 2.

"(14) The reference in subsection (13) to the relevant salary rate in respect of an office or position is to be read as follows:

     (a) in the case of an office or position to which a range of salary is applicable, the reference is a reference to the minimum rate at which salary is payable to a holder of the office or position;

     (b) in any other case, the reference is a reference to the rate at which salary is payable to a holder of the office or position.

"(15)] Subsection (12) has effect in spite of any other provision of this Part.".

Persons to whom Division applies

48. Section 87K of the Principal Act is amended by adding at the end the following subsection:

  "(13) If:

     (a) an officer to whom Division 2 applies and who is engaged in eligible public employment resigns from the Service; and

     (b) before resigning from the Service, the officer has given to the Commissioner written notice that the officer elects not to be a person to whom this Division applies;

the officer does not become, on his or her resignation from the Service, a person to whom this Division applies.".

Application for re-appointment to the Service

49. Section 87N of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2A) If this Division applies to a person because of subsection 87K(2A), this section has effect, in relation to the person, as if the expression 'Commonwealth authority' had the same meaning in this section as in section 7.".

50. The following section is inserted in Division 5 of Part IV of the Principal Act after section 87ZC:

Postponement of effect of resignation in certain circumstances

  "87ZCA.(1) If:

    (a) a person who is an officer to whom Division 2 applies makes an election under subsection 87K(13) and resigns from the Service; and

  (b) when he or she resigns, the person holds a Commonwealth office; and

  (c) one of the following events occurs:

      (i) the Commonwealth office is abolished;

      (ii) the period for which the appointment was made expires;

      (iii) the appointment is terminated before the end of the period for which it was made;

the Prime Minister may direct, in writing, that the person is to be taken not to have resigned from the Service but to have continued as an officer until a specified date.

"(2) If a direction is given under subsection (1), the person is to be taken to have continued, or to continue, as an officer according to the direction.

"(3) The Prime