Document ID: chunk:federal_register_of_legislation:C2004A03205:schedule:2:p3
Version: federal_register_of_legislation:C2004A03205
Segment Type: schedule
Provision Reference: sch 2 (pt 3/18)
Character Range: 9622–12465

words before paragraph (a) and substituting the following:
    "Where, by virtue of administrative arrangements approved by the Governor-General or the Prime Minister, or by virtue of the establishment, by an Act, of a Department of a kind referred to in paragraph (b) of the definition of 'Department' in sub-section 7 (1), a matter is to be dealt with by a different Department (in this subsection referred to as the 'gaining Department') from the Department (in this sub-section referred to as the 'losing Department') by which that matter was dealt with immediately before that approval or establishment, as the case may be, the Prime Minister may, in writing—";
    (b) by omitting from paragraph (2) (a) "second-mentioned" (twice occurring) and substituting "losing";
    (c) by omitting from sub-paragraph (2) (a) (ii) "ancilliary" and substituting "ancillary"; and
    (d) by omitting from paragraph (2) (b) "first-mentioned" (twice occurring) and substituting "gaining".

Interpretation
12. Section 33aaa of the Principal Act is amended by omitting from sub-section (1) the definition of "promotion" and substituting the following definition:
    "'promotion', in relation to an officer, means a movement of the officer within the Service for the purpose of holding—
        (a) an office of a higher classification than that of the office held by the officer immediately before the movement took place; or
        (b) an office in respect of which the rate of salary payable is higher than the rate of salary that was payable in respect of the office held by the officer or, in the case of an unattached officer, to or in respect of the officer, immediately before the movement took place;".

Certain provisions not to apply to appointments under this Subdivision
13. Section 41 of the Principal Act is amended by omitting "18,".
14. After section 42 of the Principal Act the following section is inserted:

Appointment of certain continuing employees
"42a. (1) Where the Prime Minister, by notice in the Gazette, declares that this section applies to a specified class of persons employed under section 82ac, the Board may appoint to an office in the Service (other than the office of Secretary) a person included in that class.
"(2) An appointment of a person under sub-section (1) may be made—
    (a) on probation or otherwise;
    (b) in accordance with such procedure (whether or not complying with paragraph 33 (1) (a)) as the Board thinks fit; and
    (c) whether or not the person is ineligible for appointment by reason of section 34.

Day on which promotion takes effect
15. Section 50e of the Principal Act is amended by omitting from sub-paragraph (1) (a) (i) "appeal" (last occurring) and substituting "promotion".
16. Section 50g of the Principal Act is repealed and the following section is substituted:

Cancellation