Document ID: chunk:federal_register_of_legislation:C2004A02378:body:0:p12
Version: federal_register_of_legislation:C2004A02378
Segment Type: other
Provision Reference: 
Character Range: 27184–30085

(3) Section 82 of the Principal Act is amended by omitting sub-section (10) and substituting the following sub-section:

"(10) Sub-section (4) does not apply in relation to employees performing duties overseas.".

(4) Section 82 of the Principal Act is amended by omitting sub-section (11).

(5) Section 82 of the Principal Act is amended by omitting sub-section (13).

38. After Division 10 of Part III of the Principal Act the following Division is inserted:

"Division 10a—Determination of Certain Terms and Conditions of Employment

Interpretation
"82c. In this Division, unless the contrary intention appears—
'determination' means a determination made under section 82d;
'salary' includes wages.

Determinations
"82d. (1) Subject to sub-section (2), the Board may, by instrument in writing, determine the terms and conditions of employment (including employment overseas) of officers and employees.

"(2) Subject to sub-section (3), where a determination is inconsistent with a provision of this Act, of the regulations or of another Act (whether enacted or made before or after the commencement of this Division), that provision shall prevail and the determination shall, to the extent of the inconsistency, be of no force or effect.

"(3) A determination—
     (a) shall not be taken to be inconsistent with section 97 by reason only that it makes provision for or in relation to a matter for or in relation to which regulations may be made under that section; and
     (b) to the extent that it makes provision for or in relation to terms or conditions of employment overseas, has effect notwithstanding anything contained in the regulations.

"(4) Without limiting the generality of sub-section (1), a determination—
     (a) may make provision for and in relation to—
         (i) the salaries and allowances of officers and employees;
         (ii) the hours of attendance of officers and employees, and the recording of attendances;
         (iii) the performance of overtime;
         (iv) the reckoning as service in the Service, for specified purposes of this Act or of any other Act, of the whole or part of any period of service performed in specified employment, or of any period of specified full-time training undertaken, by persons before they become officers or employees;
         (v) leave of absence of officers and employees, including provision for and in relation to—
            (a) the requiring of an officer or employee, in specified circumstances, to absent himself from duty during a period of leave of absence for recreation or on account of illness that has been, or is, under the determination, to be deemed to have been, granted to him; and
            (b) the circumstances in which, and the persons to whom, payment in lieu of leave of absence for recreation may be made;
         (vi) the forfeiture of salary of officers and employees in respect of periods