Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p52
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 126869–129603

relation to promotions or transfers referred to in that section made before the date of commencement of this section and any determination in force under sub-section 87g (2) immediately before the commencement of this section continues in force according to its tenor as if those amendments had not been made.

Application of sections 50 and 53 to certain unattached officers
56. Section 87h of the Principal Act is amended—
     (a) by inserting "or 53" after "50"; and
     (b) by omitting "in the Division in which he was included immediately before he became or last became such an officer, being an office".

Employment of officers by certain authorities, &c., upon transfer of functions
57. Section 87j of the Principal Act is amended by inserting after sub-section (6) the following sub-section:
"(6a) A declaration shall not be made under this section declaring—
     (a) employment in an office or appointment the holder of which is appointed by the Governor of a State or by a Minister of a State;
     (b) employment in an office included in a class of such offices;
     (c) employment by a body, whether incorporated or not, established for a public purpose by a law of a State; or
     (d) employment by a State,
to be employment that is connected with the performance of a prescribed function that corresponds to a declared Commonwealth function, unless the

Premier of the State has informed the Prime Minister, in writing, that he has agreed to the making of the declaration.".

Right to re-enter Service by way of transfer or promotion
58. Section 87m of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:
     "(1) Sections 50 to 50h (inclusive), 51aa and 53 apply, subject to this section and to such modifications (if any) as are prescribed, in relation to a person to whom this Division applies as if the person were an officer and—
         (a) unless paragraph (b) applies—were the holder of an office the classification of which is equivalent, or is as nearly as possible equivalent, to the classification of the office held by him immediately before he ceased, or last ceased, to be an officer; or
         (b) if he was an unattached officer immediately before he ceased, or last ceased, to be an officer—were the holder of an office having such classification as the Board considers appropriate having regard to the designation and salary, or limits of salary, applicable to him immediately before he ceased, or last ceased, to be an officer.";
     (b) by omitting paragraph (3) (a) and substituting the following paragraph:
         "(a) does not commence to perform the duties of that office within the period of 30 days after the day on which