Document ID: chunk:federal_register_of_legislation:C2004C00357:clause:3_164
Version: federal_register_of_legislation:C2004C00357
Segment Type: clause
Provision Reference: sch 3 cl 164
Character Range: 111076–112875

164  Leave of absence for service with a State or outside Australia

 (1) Section 24 of the Principal Act is repealed.

 (2) Where, before the commencement of this section, leave of absence was granted to a member of the Service under section 24 of the Principal Act for a period commencing on or after, or extending after, the commencement of this section:
 (a) the repeal of that section does not affect the grant of that leave of absence;
 (b) any such leave of absence that occurs after the commencement of this section shall be deemed to have been granted in accordance with the terms and conditions (in this paragraph referred to as the relevant provisions) on which the member holds office, or is engaged as a temporary employee, as the case may be, and the conditions (if any) subject to which the leave was granted shall be deemed to be conditions applicable to the grant of that leave under the relevant provisions; and
 (c) the period during which the member is so absent on leave forms part of his period of service as a member of the Service.

165
Section 25 of the Principal Act is repealed and the following section is substituted:

       25  Creation and abolition of position

 (1) Each position in the Service immediately before the commencement of this section continues in existence as a position in the Service in such component of the Service as the Public Service Board determines.

 (2) The Public Service Board may authorize a relevant authority to create positions in the component of the Service in relation to which that authority is the relevant authority and to abolish positions in that component.

 (3) Where the Public Service Board authorizes the creation of a position, it shall determine the salary, or the range of salary, to be applicable to the position.