Document ID: chunk:federal_register_of_legislation:C2004A02670:schedule:3:p4
Version: federal_register_of_legislation:C2004A02670
Segment Type: schedule
Provision Reference: sch 3 (pt 4/9)
Character Range: 149616–152443

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 Act 1922.".

Commonwealth Employees Redeployment and Retirement Appeals Tribunals
82. Section 16 of the Principal Act is amended by inserting in sub-section (8) ", and a person shall not be appointed or re-appointed under that sub-paragraph" after "sub-paragraph (2) (a) (ii)".

Retirement of Permanent Heads of Departments on ground of inefficiency or incapacity
83. Section 18 of the Principal Act is amended—
      (a) by omitting from sub-section (1) "person included in the First Division of the Australian Public Service" and substituting "Permanent Head"; and
      (b) by adding at the end thereof the following sub-section:
    "(3) In this section, 'Permanent Head' means—
         (a) a person for the time being holding or performing the duties of an office referred to in paragraph (a) of the definition of 'office of Permanent Head' in sub-section 3 (1); or
         (b) a person who—
           (i) has held such an office; and
           (ii) is performing duties in the Australian Public Service as an unattached officer, otherwise than by reason of the operation of sub-section 36 (10) of the Public Service Act 1922 or of sub-section 54 (12) of that Act as in force immediately before the repeal of the latter sub-section by the Public Service Acts Amendment Act 1982.".

Permanent Heads of Departments recommended for retirement on medical grounds may be declared unattached
84. Section 20 of the Principal Act is amended by omitting from sub-section (1) "in the First Division of the Australian Public Service" and substituting "referred to in paragraph (a) of the definition of 'office of Permanent Head' in sub-section 3 (1)".

Officers other than Permanent Heads recommended for retirement on medical grounds may be declared unattached
85. Section 21 of the Principal Act is amended by omitting from sub-section (1) "employee who holds an office in the Second, Third or Fourth Division of the Australian Public Service" and substituting "officer of the Australian Public Service (other than a Permanent Head)".

Retirement on ground of age
86. Section 22 of the Principal Act is amended—
      (a) by omitting sub-section (4) and substituting the following sub-section:
     "(4) A determination shall not be made under sub-section (2) in respect of an employee who holds an office referred to in paragraph (a) of the definition of 'office of Permanent Head' in sub-section 3 (1), being an employee who was appointed to fill the vacancy in that office after the commencement of the Public Service Amendment (First Division Officers) Act 1976, if he was not, when so appointed,