Document ID: chunk:federal_register_of_legislation:C2004A02407:body:0:p4
Version: federal_register_of_legislation:C2004A02407
Segment Type: other
Provision Reference: 
Character Range: 7372–10172

to some other position in the Service;
              (ii) reduce his salary;
              (iii) determine that he be not granted, or be not granted until the expiration of a specified period, the whole, or such part as the Corporation specifies, of a specified increase in salary (including an increase by way of an increment in a range of salary applicable in relation to his position) that would otherwise be granted to him; or
          (d) in any other case—retire him from the Service."; and
     (c) by omitting sub-section (4).

Excess officers
7. Section 103 of the Principal Act is amended by omitting sub-section (3).

Repeal of Division heading
8. The heading to Division 5 of Part VIII of the Principal Act is repealed.

Retirement, &c, of officers under 55 on grounds of inefficiency, incapacity, &c.
9. Section 106 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:
"(1) If an officer who has not attained the age of 55 years is unfit to discharge or incapable of discharging the duties of his position—
     (a) by reason of physical or mental incapacity; or
     (b) by reason of inefficiency or incompetence through causes outside his own control,
the Corporation may—
     (c) if it is reasonable and practicable to do so—do any one or more of the following things:
          (i) transfer him to some other position in the Service;
          (ii) reduce his salary;
          (iii) determine that he be not granted, or be not granted until the expiration of a specified period, the whole, or such part as the Corporation specifies, of a specified increase in salary (including an increase by way of an increment in a range of salary applicable in relation to his position) that would otherwise be granted to him; or
     (d) in any other case—retire him from the Service.".

Insertion of Division heading
10. After section 106 of the Principal Act the following heading is inserted:

"Division 5—Discipline".

Insertion of Division heading
11. After section 107 of the Principal Act the following heading is inserted:

"Division 5A—Appeals to Tenure and Disciplinary Appeal Board".

Appeals
12. Section 108 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:
"(1) Where—
     (a) under sub-section 102 (2) or 103 (2) or section 106, an officer is retired;
     (b) under sub-section 107 (1), an officer is dismissed; or
     (c) under sub-section 102 (2), section 106 or sub-section 107 (1)—

          (i) an officer is transferred or has his salary reduced; or
          (ii) the Corporation determines that an officer be not granted, or be not granted until the expiration of a specified period, the whole or a part of an increase in salary,
the officer or former officer,