Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p19
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 46506–49135

previous time or times held an office of Permanent Head, other than an office to which he was appointed in accordance with sub-section 36 (6) or in accordance with sub-section 54 (8) as in force immediately before its repeal by the Public Service Acts Amendment Act 1982, and has continued to be an officer of the Service since he ceased, or last ceased, so to hold an office of Permanent Head;
     'office of Permanent Head' means an office referred to in paragraph (a) of the definition of 'office of Permanent Head' in sub-section 7 (1), but does not include an office to or in relation to which section 9 applies.
"(2) For the purposes of this Subdivision, a person shall be taken to have been a permanent officer of the Service at any relevant time if—
     (a) the person—
         (i) held an office in the Service at that time, other than an office to which he had been appointed in accordance with sub-section 36 (6) or in accordance with sub-section 54 (8) as in force immediately before its repeal by the Public Service Acts Amendment Act 1982; or
         (ii) was an unattached officer at that time; or
     (b) the person—
         (i) had held an office in the Service during any period that ended before that time, other than an office to which he had been appointed in accordance with sub-section 36 (6) or in accordance with sub-section 54 (8) as in force immediately before its repeal by the Public Service Acts Amendment Act 1982; or
         (ii) had been an unattached officer during such a period,
      and the person continued to be an officer of the Service from the expiration of that period, or, if there was more than one such period, the expiration of the last such period, until the relevant time.

Appointment of Permanent Heads
"36. (1) Every appointment to an office of Permanent Head shall be made by the Governor-General in accordance with the recommendation of the Prime Minister.
"(2) Before an appointment is made to fill a vacancy that has occurred, or is expected to occur within 6 months, in an office of Permanent Head—
     (a) the procedures prescribed by section 37 shall be followed; and
     (b) any recommendation made to the Governor-General by the Prime Minister for the appointment of a person to fill that vacancy shall state whether or not the person is an established candidate in relation to that vacancy.
"(3) Where a person is appointed to an office of Permanent Head—
     (a) the instrument of appointment shall state that the Prime Minister has informed the Governor-General that the person was, or was not, as the case may be, an established candidate; and
     (b)