Document ID: chunk:federal_register_of_legislation:C2004A03321:body:0:p12
Version: federal_register_of_legislation:C2004A03321
Segment Type: other
Provision Reference: 
Character Range: 28277–30989

22. Section 43 of the Principal Act is repealed.

Trust to keep accounts and records in respect of Fund
23. Section 44 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:
"(1a) The accounts kept in pursuance of sub-section (1) shall be kept consistently with the accounting policies (if any) prescribed by the regulations.".
24. After Division 2 of Part III of the Principal Act the following Division is inserted in that Part:
"Division 3—Staff

Staff
"44a. (1) The Trust may appoint such officers, and engage such employees, as it considers necessary for the performance of its functions and duties and the exercise of its powers.
"(2) The terms and conditions of service or employment of the officers and employees of the Trust are such as are determined by the Trust with the approval of the Minister.

Trust officers and employees to have certain rights of entry into the Australian Public Service
"44b. (1) Where, pursuant to section 50 of the Public Service Act, notification of a vacancy in an office in a Department is given in the Gazette, a relevant staff member is entitled to apply for appointment to the office.
"(2) Where—
     (a) a relevant staff member applies under sub-section (1) for appointment to an office in a Department; and
     (b) the Secretary of the Department requests the Board to appoint the relevant staff member to the office,
the Board may appoint the relevant staff member, in accordance with section 42 or 43 of the Public Service Act, to the office.
"(3) Notwithstanding section 47 of the Public Service Act, the appointment of a relevant staff member, pursuant to an application made under sub-section (1), to an office in a Department shall not, if the relevant staff member has been an officer or employee of the Trust for the period of 12 months immediately preceding the appointment, be an appointment on probation.
"(4) Where the Board appoints a relevant staff member, pursuant to an application under sub-section (1), to an office in a Department—
     (a) the provisions of Subdivision D of Division 5 of Part III of the Public Service Act (other than sections 50e, 50ea and 52) and of the Merit Protection (Australian Government Employees) Act 1984 apply to and in relation to the appointment as if—

         (i) the appointment were a promotion (in this sub-section referred to as the 'deemed promotion') of the relevant staff member to the office by the Secretary of the Department, being a promotion—
              (a) in a case where the appointment is in accordance with the advice of a Joint Selection Committee—made under section 50da of the Public Service Act; or
              (b) in any other case—made under