Document ID: chunk:federal_register_of_legislation:C2004A02670:schedule:3:p3
Version: federal_register_of_legislation:C2004A02670
Segment Type: schedule
Provision Reference: sch 3 (pt 3/9)
Character Range: 147156–149841

Principal Act is amended by omitting from sub-section (6) "is included in the First Division of the Australian Public Service" and substituting "holds an office referred to in paragraph (a) of the definition of 'office of Permanent Head' in sub-section 3 (1)".

Redeployment in Public Service
81. Section 12 of the Principal Act is amended—
      (a) by omitting from paragraphs (1) (b) and (c) "(being a designation corresponding to that of an office in the Division in which he is included)";
      (b) by omitting from paragraph (1) (e) "paragraphs 34 (a) and (c)" and substituting "paragraphs 34 (1) (a) and (c)";
      (c) by Omitting paragraphs (1) (h) and (j) and substituting the following paragraphs:
         "(h) by instrument in writing determine that a promotion that has been notified under section 50 of the Public Service Act 1922 but has not taken effect under that Act shall not take effect while the determination is in force; and
         "(j) cancel a promotion that has been notified under section 50 of the Public Service Act 1922 but has not taken effect under that Act, whether or not an appeal has, or appeals have, been made under that Act against the promotion.";
      (d) by omitting from sub-section (5) "sub-section 50 (11)" and substituting "section 50g"; and
      (e) by adding at the end thereof the following sub-sections:
     "(6) Where, in pursuance of paragraph (1) (h), the Public Service Board determines that a promotion shall not take effect while the determination in relation to that promotion is in force, the Board may, at any time while the determination is in force, cancel the promotion in pursuance of paragraph (1) (j).
     "(7) If the Public Service Board revokes a determination under paragraph (1) (h), the promotion to which the determination relates 40 takes effect on the day on which it would have taken effect if the determination had not been made, but the Board may, in the instrument of revocation, determine that salary at the rate applicable to the office to which the promotion was made is payable to the officer

      concerned on and from a day (not being a day after the day on which the instrument of revocation was made) after the prescribed day in respect of the promotion.
     "(8) Where the Public Service Board, in a determination under sub-section (7), specifies a day on and from which salary at a particular rate is payable to an officer, salary at that rate is payable on and from that day notwithstanding section 50e of the Public Service Act 1922.
     "(9) In this section, 'prescribed day', in relation to a promotion, has the same meaning as it has in Division 4 of Part III of the Public Service