Document ID: chunk:federal_register_of_legislation:C2004C02964:section:43u:p2
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 43U (pt 2/3)
Character Range: 73944–76366

is published in the Gazette, the person is absent from his employment in the Teaching Service of the Northern Territory on leave granted before that time; and
 (c) the Secretary has not made a determination under subsection (4) in relation to the transfer or promotion;
references in subsection (3) to the period of 30 days after notice of the transfer or promotion is published in the Gazette shall be read as references to the period of 30 days after the expiration of the period of the leave so granted to him.
 (6) Where:
 (a) a transferred officer:
 (i) has, under section 27, in its application to him by virtue of subsection (1), been provisionally promoted to fill a vacant position in the Commonwealth Teaching Service; or
 (ii) has under section 29, in its application to him by virtue of that subsection, appealed against the provisional promotion of another person to fill such a position; and
 (b) the officer ceases to be a transferred officer before the provisional promotion is confirmed or cancelled;
then, subject to subsection (7):
 (c) the preceding provisions of this section continue to apply to and in relation to the promotion or appeal as if he had not ceased to be a transferred officer; and
 (d) if he commences to perform the duties of the position as a result of his having been promoted to the position, or of his provisional promotion to the position having been confirmed:
 (i) he shall be deemed to have been re‑appointed to the Commonwealth Teaching Service as an officer on the day immediately following the day on which he ceased to be a transferred officer and to have been absent from the Commonwealth Teaching 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 position; and
 (ii) the period during which he is to be deemed to have been absent from the Commonwealth Teaching 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.
 (7) Subsection (6) does not apply to a person who ceased to be a transferred officer upon the termination of his employment by reason of:
 (a) his resignation, invalidity or misconduct;
 (b) the annulment of his appointment while he was a probationary employee; or
 (c) his having attained the age of 65 years.