Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p74
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 188189–191035

in the determination) to persons who cease to be officers or cease to perform duties in the Service by reason of—
            (a) action taken under section 76f or 76l; or
            (b) retirement in accordance with section 76r; and
         "(xiv) the provision of benefits (including benefits by way of additional salary and allowances for such period as is specified in the determination) to an officer who holds an office (in this sub-paragraph referred to as the 'relevant office') of the kind referred to in paragraph (a) of the definition of 'office of Secretary' in sub-section 7 (1) where—
          (a) at some time before being appointed to the relevant office, the officer held another office of the kind referred to in paragraph (a) of the definition of 'office of Secretary' in sub-section 7 (1), the salary in respect of which is higher than the salary in respect of the relevant office; or
          (b) the salary in respect of the relevant office would, but for the determination, be reduced during the period during which the officer holds the relevant office.".

Determination of matters by reference to other instruments
93. (1) Section 82e of the Principal Act is amended—
     (a) by inserting in paragraph (1) (a) "industrial" before "award"; and
     (b) by omitting sub-section (2).
(2) Notwithstanding the amendment made by sub-section (1), regulations in force immediately before the commencement of this section prescribing a person, tribunal or body for the purposes of the definition of "award" in sub-section 82e (2) of the Principal Act continue in force, after the commencement of this section, as if they had been made for the purposes of the definition of "industrial award" in sub-section 7 (1) of the Public Service Act 1922 as amended by sub-section 5 (1) of this Act.

Promotion of transferred officers to offices in the Service
94. Section 84c of the Principal Act is amended—
     (a) by omitting from sub-paragraph (1) (a) (i) "50" and substituting "49b, 50, 50d or 50da";
     (b) by inserting in sub-section (2) "49b," before "50"; and
     (c) by omitting from sub-section (3) "50 or 50d" and substituting "49b, 50, 50d or 50da".

Interpretation
95. (1) Section 87 of the Principal Act is amended—
     (a) by omitting "Stipendiary" from paragraph (m) of the definition of "Commonwealth office" in sub-section (1); and
     (b) by omitting from paragraph (2) (k) "Stipendiary".
(2) Section 87 of the Principal Act is amended by omitting from sub-section (1) the definition of "employment" and substituting the following definition:
     "'employment' means—
        (a) employment in a full-time capacity; or
        (b) employment in a part-time capacity where—
          (i) the person employed does not also perform duties in the Service;
          (ii) the number of ordinary hours of duty per