Document ID: chunk:federal_register_of_legislation:C2004A02378:body:0:p33
Version: federal_register_of_legislation:C2004A02378
Segment Type: other
Provision Reference: 
Character Range: 78768–81410

directions with respect to the work that he is performing, or is to perform, given by persons having authority to give those directions, revoke, as from that time, that declaration, or that declaration in its application to that officer or employee, as the case requires.

"(5) A declaration made under sub-section (1) in respect of a refusal or failure of an officer or employee to comply with a particular direction, or with particular directions, has effect in accordance with sub-section (2) notwithstanding that, at any time while it is in force, the officer or employee—
     (a) attends for duty and performs work other than work to which that direction, or any of those directions, as the case requires, relates; or
     (b) attends for duty and, in the performance of his work, complies with that direction, or with some or all of those directions, as the case requires, in part only.

"(6) A declaration under sub-section (1), and a variation or revocation of such a declaration—
     (a) shall be made in writing; and
     (b) shall be signed—
         (i) by a Commissioner; or
         (ii) by a person to whom the Commission has delegated its powers under this section.

"(7) Subject to sub-sections (8) and (9), the powers conferred on the Commission by this section are in addition to, and not in substitution for, any other powers conferred by or under this Act on the Commission, on a Commissioner or on any other person in relation to an officer or employee.

"(8) While a declaration under sub-section (1) is in force in respect of the refusal or failure of an officer or employee to comply with a direction, or with two or more directions, proceedings shall not be taken against the officer or employee under Division 6 of Part V in respect of any refusal or failure of the officer or employee in respect of which that declaration was made.

"(9) Where proceedings are taken against an officer or employee under Division 6 of Part V in respect of any refusal or failure of the officer or employee to comply with a direction, or with directions, of the kind referred to in sub-section (1), a declaration shall not be made under sub-section (1) in respect of any refusal or failure of the officer or employee in respect of which those proceedings have been taken unless those proceedings have been finally determined or otherwise terminated.

"(10) Where a declaration is made under sub-section (1) in respect of an officer or employee, or such a declaration is varied or revoked, the Commission shall cause such notice as it deems appropriate to be given of the making of the declaration or of the variation or revocation