Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p36
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 91360–94065

in any other section of this Act or in the Remuneration Tribunals Act 1973.
"(8) Nothing in this section shall be construed as excluding the application of sub-section 19b (3) of the Acts Interpretation Act 1901 in relation to any provision of this section.

Certain provisions not to apply to appointments under this Subdivision
"41. Sections 18, 33 and 34 do not apply in relation to an appointment (including an appointment to act in an office) under this Subdivision.

"Subdivision C—Appointment of officers other than Secretaries of Departments

Appointment of officers other than Secretaries of Departments
"42. (1) Subject to this Part, the Board may appoint a person to a particular office in the Service (not being an office of Secretary) or as an unattached officer in the Service.
"(2) An unattached officer appointed under sub-section (1) shall have such classification as the Board determines to be appropriate to his duties.
"(3) A person shall not be appointed as an unattached officer unless he is qualified for appointment to an office having a classification corresponding to his classification as an unattached officer.

Special appointments
"43. (1) Subject to this section, if in a special case it appears to the Board to be desirable in the public interest to do so, the Board may, under this section, appoint to an office in the Service (other than an office of Secretary) a person who is not ineligible for appointment by reason of section 34 but does not have the academic or other qualifications required for appointment to the office by virtue of a notification under sub-section 33a (1).
"(2) An appointment of a person under this section to an office shall not be made unless the Board certifies, after obtaining a report from the Secretary of the Department concerned, that it is satisfied that there is no officer available in the Service who is as capable as that person of filling the office.
"(3) Where the Board makes an appointment under this section, it shall cause a statement containing particulars of the appointment, together with a copy of the report and certificate referred to in sub-section (2), to be laid before each House of the Parliament within 15 sitting days of that House after the making of the appointment.".
28. After section 43 of the Principal Act the following sections are inserted:

Fixed-term appointments to Senior Executive Service
"44. (1) Where a person is appointed under section 42 as a Senior Executive Service officer, the Board may determine, in writing, that the person is appointed to the Service to hold office as a Senior Executive Service officer for such period (not exceeding 5 years and not extending beyond the date on which