Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p13
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 33668–36846

determination.".

Paragraph 44(3)(b):

Omit "Board", substitute "Commissioner".

Subsection 44(4):

Omit "Board", substitute "Commissioner".

Subsections 47(2) and (3):

Omit "Board" (wherever occurring), substitute "Commissioner".

Subsection 47(4):

Insert "(other than an SES officer)" after "officer".

After subsection 47(4):

Insert:

"(4A) The Commissioner may, at any time after an SES officer is appointed to the Service on probation and before the appointment is confirmed, terminate the appointment.".

Subsection 47 (6):

Omit all words after "confirmed", substitute:

"nor terminated:

    (a) in the case of an officer other than an SES officer—the relevant Secretary must, as soon as practicable, confirm or terminate the appointment; and

    (b) in the case of an SES officer whose appointment the relevant Secretary intends to confirm—the relevant Secretary must, as soon as practicable, confirm the appointment; and

    (c) in any other case—the relevant Secretary must, as soon as practicable, give written notice to the Commissioner that he or she does not intend to confirm the appointment.".

After subsection 47(6):

Insert:

"(6A) As soon as practicable after the Commissioner receives a notice mentioned in paragraph (6)(c), the Commissioner must confirm or terminate the appointment.".

SCHEDULE 1—continued

Subsection 47(9):

    (a) Omit "Board" (wherever occurring), substitute "Commissioner".

    (b) Omit "subsection (3)", substitute "subsection (3) or (6A)".

Subsection 47(10):

    (a) Omit "Board" (wherever occurring), substitute "Commissioner".

    (b) Omit "subsection (3)", substitute "subsection (3) or (6A)".

Subsection 47(11):

Omit the subsection, substitute:

"(11) The Commissioner may, under subsection (4A) or (6A), and the relevant Secretary may, under subsection (4) or paragraph (6)(a), terminate an officer's appointment to the Service on any of the following grounds:

    (a) that he or she is not satisfied, after receiving a report from an authorised medical practitioner, as to the officer's health and physical fitness;

    (b) that he or she considers, after receiving a report from the officer's supervisor or another appropriate officer, that the manner of the officer's performance of duties has not been satisfactory;

    (c) that he or she considers that the officer is not a fit and proper person to remain an officer of the Service;

    (d) that he or she is satisfied that the officer is an excess officer;

    (e) in the case of an officer who is not an Australian citizen, that he or she is satisfied:

         (i) that the person has been refused Australian citizenship; or

         (ii) that the person is unlikely to be granted Australian citizenship within a reasonable time; or

         (iii) that the person is not seeking a grant of Australian citizenship with appropriate diligence.".

Subsection 47(12):

Omit "Board", substitute "Commissioner".

Subsection 47(13) (definition of "training office"):

Omit "Board", substitute "Commissioner".

Subsection 49(1):

Omit all words after "Department" (first occurring), substitute "may be transferred to a vacant SES office in accordance with