Document ID: chunk:federal_register_of_legislation:C2004A03550:body:0:p55
Version: federal_register_of_legislation:C2004A03550
Segment Type: other
Provision Reference: 
Character Range: 141597–144451

is an officer or employee to act as Clerk of the Senate, Clerk of the House of Representatives, Parliamentary Librarian, Principal Parliamentary Reporter or Secretary to the Joint House Department:
     (a) during a vacancy in the office;
     (b) during a period when the holder of the office is suspended from duty under section 57 or 59; or
     (c) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office;
but a person appointed to act during a vacancy shall not continue to act for more than 12 months.
"(3) The appointment may be expressed to have effect only in specified circumstances.

SCHEDULE 1—continued
"(4) Where:
     (a) a person is acting in an office under paragraph (2) (b) or (c); and
     (b) the office becomes vacant;
then, subject to subsection (3), the person may continue to act until:
     (c) the responsible authority otherwise directs, in writing;
     (d) the vacancy is filled; or
     (e) a period of 12 months from the day on which the vacancy occurred expires;
whichever happens first.
"(5) A person acting in an office under subsection (2) has all the powers and duties of the holder of the office.
"(6) The responsible authority may, in writing, at any time terminate an appointment made under subsection (2).
"(7) Anything done by or in relation to a person purporting to act in an office under subsection (2) is not invalid because:
     (a) the occasion for the appointment had not arisen;
     (b) there was a defect or irregularity in connection with the appointment;
     (c) the appointment had ceased to have effect; or
     (d) the occasion for the person to act had not arisen or had ceased.".

Subsection 39 (8):
Omit the subsection.

After section 49d:
Insert the following section:

Cancellation of transfer or promotion
"49da. Before the transfer or promotion of an officer to a vacant Senior Executive Service office takes effect, the Commissioner may cancel the transfer or promotion.".

Subsections 50da (1) and (3):
Omit "vacancy" (wherever occurring), substitute "vacant office".

Paragraph 50da (4) (c):
Omit "vacancy" (last occurring), substitute "vacant office".

Paragraph 50da (4) (d):
Omit "vacancy", substitute "vacant office".

Subsections 50da (5), (6), (9) and (10):
Omit "vacancy" (wherever occurring), substitute "vacant office".

Subsections 50db (1) and (2):
Omit "vacancy" (wherever occurring), substitute "vacant office".

After subsection 50h (2):
Insert the following subsection:

SCHEDULE 1—continued
"(2a) Subsection (2) does not apply in relation to a promotion that, under this Act, is not subject to appeal under section 50b.".

Subsection 52 (3):
Insert "or the relevant Secretary" after "the Board".

Subsection 55 (1) (definition of "Disciplinary