Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p14
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 33795–36518

writing, that the holder of a specified Commonwealth office has, and may exercise and perform, in relation to—
           (a) specified officers or a specified class of officers of, or performing duties in, that branch or part of the Service; or
           (b) specified employees or a specified class of employees employed in that branch or part of the Service,
      such of the powers, authorities or duties conferred or imposed on a Chief Officer by this Act, the regulations or determinations in force under sub-section 9 (7a) or section 82d, and such other powers, authorities and duties (if any), as are specified in the instrument of determination.
     "(5) In the event of—
           (a) the absence from duty or from Australia; or
           (b) a vacancy occurring in the office,
      of a person who, by virtue of a determination under sub-section (4), has and may exercise, in relation to a branch or part of the Service, powers, authorities or duties conferred or imposed on a Chief Officer, an officer or employee appointed for the purpose by the Permanent Head who has the control of that branch or part of the Service, shall, unless the Governor-General otherwise directs, exercise and perform the powers, authorities and duties specified in the determination, and anything done by that officer or employee shall be as valid and effective for all purposes and against all persons as if done by the first-mentioned person.
     "(6) In this section—
           'Commonwealth office' means an office or appointment the holder of which is appointed, under a law of the Commonwealth, by the Governor-General or a Minister, but does not include any of the offices or appointments referred to in paragraphs (c) to (n) (inclusive) of the definition of 'Commonwealth office' in sub-section 87 (1);
           'Department' means a Department referred to in paragraph (a) of the definition of 'Department' in sub-section 7 (1).".
(2) An appointment of an officer under paragraph 26 (1) (b) of the Principal Act as a Chief Officer of a Department is not affected by the amendments made by sub-section (1) but, on and after the commencement of this section, any such appointment shall have effect as if it were an appointment under paragraph 26 (1) (b) of the Principal Act as amended by this Act.
(3) An appointment under sub-section 26 (3) of the Principal Act of an officer to perform the duties of a Chief Officer is not affected by the amendments made by sub-section (1) but, on and after the commencement of this section, any such appointment shall have effect as if it were an appointment under sub-section 26 (3) of the Principal Act as amended by this Act.

Creation, &c., of offices
18. (1) Section 29 of