Document ID: chunk:federal_register_of_legislation:C2004A02378:body:0:p21
Version: federal_register_of_legislation:C2004A02378
Segment Type: other
Provision Reference: 
Character Range: 49579–52292

of his period of service of employment under this Act for any purpose of this Act or of any other Act.

"(12) In this section, unless the contrary intention appears—
     'direction' includes an order and an instruction;
     'salary' includes wages or other remuneration and any allowances that are declared by the regulations to be included in salary for the purposes of this definition.

Declarations to prevail over awards
"44a. (1) Section 44 has full force and effect, and declarations in force under sub-section 44 (1) have full force and effect according to their tenor, notwithstanding any inconsistency—
     (a) with any other provision of this Act;
     (b) with any other law of the Commonwealth enacted before the commencement of this section; or
     (c) with any award made before or after the commencement of this section.

"(2) Section 44 shall be deemed to be a prescribed provision of the Broadcasting and Television Act 1942 for the purposes of—
     (a) sub-section 22(2) of the Public Service Arbitration Act 1920; and
     (b) sub-section 41b(1) of the Conciliation and Arbitration Act 1904.

"(3) Except as provided in sub-section (1), nothing in a declaration in force under sub-section 44(1) shall be taken as affecting—
     (a) the application of any law, or of any award, to or in relation to an officer or temporary employee; or
     (b) the terms and conditions of employment of an officer or temporary employee.

"(4) In this section, 'award' includes a determination or other instrument making provision with respect to terms and conditions of employment, being a determination or instrument of a kind similar to an award.".

PART IV—AMENDMENT OF THE COMMONWEALTH BANKS ACT

Principal Act
52. The Commonwealth Banks Act 1959 is in this Part referred to as the Principal Act.

53. After section 89 of the Principal Act the following sections are inserted:

No work as directed—no pay
"89a. (1) Where an officer or employee refuses or fails to comply with a direction given by a person having authority to give the direction, being a direction with respect to work that he is performing or is to perform, the Corporation may declare that the officer or employee is not to be paid salary.

"(2) A declaration under sub-section (1) in relation to the refusal or failure of an officer or employee to comply with a direction—
     (a) shall specify the time (which may be a time before the declaration is made but not earlier than the time when the officer or employee refused or failed, or first refused or first failed, to comply with the direction) from which the declaration shall have effect, or shall be deemed to have had effect; and
     (b) has effect and shall be deemed to