Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p47
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 119145–121806

the course of an appeal, where the members of the Committee do not concur in a decision relating to the determination of that appeal or of that matter—
     (a) if a majority of the members concur in a decision—the decision of the majority shall be deemed to be the decision of the Committee; and
     (b) in any other case—the decision of the Chairman of the Committee shall be deemed to be the decision of the Committee.
"(7) Sittings of a Committee may be held from time to time as required at such places in Australia as are approved by the Board.".

Repeal of sections 50c and 50ca
42. Sections 50c and 50ca of the Principal Act are repealed.

Determination of appeals
43. (1) Section 50d of the Principal Act is amended—
     (a) by omitting from sub-section (3) "the promotion in respect of which an appeal is or appeals are made under section 50b is a promotion to a vacant office other than a vacant office referred to in sub-section (4)" and substituting "an appeal is or appeals are made under section 50b in respect of a promotion";
     (b) by omitting sub-sections (4), (5) and (6);
     (c) by omitting from sub-section (7) "or (6)"; and
     (d) by omitting from sub-section (8) "or the Board".
(2) Section 50d of the Principal Act is amended by omitting sub-sections (1) and (2).
44. After section 50d of the Principal Act the following section is inserted:

Transfer or promotion on advice of Joint Selection Committee
"50da. (1) Subject to sub-section (3) and to sub-section 50 (4) and section 50j, the Secretary of a Department in which an office (other than an office of Secretary or a Senior Executive Service office) is vacant may, instead
of transferring or promoting an officer to fill the vacancy under section 50, transfer or promote an officer to fill the vacancy under this section.
"(2) A transfer or promotion of an officer under this section shall be a transfer or promotion made in accordance with the advice of a Joint Selection Committee.
"(3) Where a Secretary proposes that a vacancy be filled by a transfer or promotion under this section, the Secretary shall—
     (a) give notice in writing of the proposal to the organization that is, in accordance with the regulations, the principal relevant staff organization in relation to the office; and
     (b) if there is another relevant staff organization or there are other relevant staff organizations—give notice in writing of the proposal to the other relevant staff organization or organizations, such notice to include a statement to the effect that a relevant staff organization may, by notice in writing to the Secretary before the expiration of the period prescribed