Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p33
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 80249–83019

determined.

Transfer of officers by Permanent Head from one Department to another
"50j. (1) Where—
     (a) an officer whom it is proposed to transfer to a vacant office under section 50 is an officer performing duties in a Department other than the Department in which the vacant office exists; and
     (b) the officer or the Permanent Head of the first-mentioned Department does not approve of the transfer being made,
the transfer shall not be made unless the relevant approving authority has approved the making of that transfer.
"(2) The relevant approving authority shall not approve the transfer of an officer performing duties in a Department to a vacant office in another Department unless—
     (a) a reasonable opportunity has been given to the Permanent Head of each Department and to the officer to furnish submissions to the authority either in support of or against the making of the transfer; and
     (b) the authority has considered any submissions so furnished.
"(3) For the purposes of this section, a reference to the relevant approving authority in relation to the transfer of an officer performing duties in a Department to a vacant office in another Department shall be read as a reference to—
     (a) in the case of the transfer of an officer performing duties in the Department of the Senate—the President of the Senate;
     (b) in the case of the transfer of an officer performing duties in the Department of the House of Representatives—the Speaker of the House of Representatives;
     (c) in the case of the transfer of an officer performing duties in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department—the President of the Senate and the Speaker of the House of Representatives; and
     (d) in the case of the transfer of an officer performing duties in any other Department—the Board.

Simultaneous transfers within a Department
"50k. Where 2 or more officers hold offices in the one Department having the same classification and it is proposed to transfer each of those officers to the office held by the other officer or to an office held by another of those officers, the relevant Permanent Head may, by instrument in writing, declare the offices to be offices to which this sub-section applies and, upon the making of such a declaration, each office to which the declaration relates shall, for the purposes of the application of section 50 and any regulations made for the purposes of that section in effectuating the proposed transfers, be deemed to be vacant.".

28. After section 51 of the Principal Act the following section is inserted:

Abolition of Department or changed administrative arrangements
"51aa. (1) Where, under sub-section 29 (1a) or