Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p50
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 121974–124745

of "promote" and substituting the following definition:
         "'promotion' has the same meaning as it has in Division 4 of Part III;"; and
     (b) by omitting from sub-section (1) the definition of "transfer".
(2) Section 87 of the Principal Act is further amended by omitting sub-section (9).

Restriction on prescription of public authorities, &c.
52. Section 87b of the Principal Act is amended by inserting after sub-section (1) the following sub-section:
"(1a) The Board shall not make a regulation—
     (a) prescribing, for the purposes of paragraph (c) of the definition of 'public authority' in sub-section 87 (1), a body corporate established for a public purpose by a law of a State;
     (b) prescribing, for the purposes of paragraph (e) of the definition of 'public authority' in sub-section 87 (1), an unincorporated body established for a public purpose by a law of a State or a class of unincorporated bodies which includes any such bodies;
     (c) prescribing, for the purposes of paragraph (b) of the definition of 'public office' in sub-section 87 (1)—
         (i) an office or appointment the holder of which is appointed by the Governor of a State or by a Minister of a State; or

         (ii) a class of such offices or appointments; or
     (d) prescribing, for the purposes of paragraph 87 (3) (a)—
         (i) an office or appointment in the Public Service of a State; or
         (ii) a class of offices or appointments in the Public Service of a State,
unless the Premier of the State has informed the Prime Minister, in writing, that he has agreed to the making of the regulation.".

Officers engaged in eligible public employment
53. Section 87c of the Principal Act is amended—
     (a) by omitting from paragraph (1) (b) "sub-section 44 (2) of the Public Service Amendment Act 1978" and substituting "section 87ta";
     (b) by adding at the end of paragraph (1) (b) "or";
     (c) by omitting paragraph (1) (c);
     (d) by omitting from paragraph (2) (b) "or section 6" and substituting ", the repealed Officers' Rights Declaration Act 1928 or the former section 6"; and
     (e) by omitting from paragraph (4) (b) ", or the former section 6 of the Trade Commissioners Act 1933,".

Preservation of rights in respect of leave
54. Section 87e of the Principal Act is amended by omitting from paragraph (2) (a) "or the former section 6 of the Trade Commissioners Act 1933".

Office to become vacant in certain circumstances
55. (1) Section 87g of the Principal Act is amended—
     (a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
         "(1) Subject to this section, where—
         (a) an officer to whom this Division applies was, immediately before he became such an officer, the holder of