Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p28
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 71472–74208

after the commencement of this section, any reference in an instrument of appointment made under sub-section 33 (1) of the Principal Act to an appointment of an officer in a Division of the Service shall be read as a reference to an appointment of an officer to the Service.

Notification of certain matters related to appointment, transfer or promotion
24. Section 33a of the Principal Act is amended by inserting in paragraph (1) (e) "(other than Senior Executive Service offices)" after "offices".
25. After section 33a of the Principal Act the following section is inserted:

Notification of vacancies in Senior Executive Service offices
"33aa. (1) Where a vacancy exists, or is expected to occur within the period prescribed by the regulations for the purposes of this sub-section, in a Senior Executive Service office in a Department, the relevant Secretary shall give notice in writing to the Board of the vacancy or expected vacancy.
"(2) Where the relevant Secretary proposes that a vacancy in a Senior Executive Service office be filled, within the period prescribed by the regulations for the purposes of this sub-section, otherwise than by the exercise of a power under section 49 to transfer an officer to the office, the relevant Secretary shall—
     (a) cause notification of the vacancy to be published in the Gazette; and
     (b) take such other action (if any) as the Secretary thinks necessary to advertise the vacancy.
"(3) Sub-sections (1) and (2) do not apply to a vacancy in a Senior Executive Service office in a case where the Board directs that the vacancy is to be filled by the re-appointment of a person in accordance with section 47c.
"(4) Where a vacancy in a Senior Executive Service office is notified in the Gazette in pursuance of sub-section (2)—
     (a) any person (not being an officer) who is eligible for appointment to the Service may apply for appointment to the office; and
     (b) any officer may apply for promotion or transfer to the office.".

Eligibility for appointment to the Service
26. Section 34 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "A person" and substituting "Subject to this section, a person";
     (b) by omitting from paragraph (1) (a) "a British subject" and substituting "an Australian citizen"; and
     (c) by adding at the end thereof the following sub-sections:
    "(4) Where, in the opinion of an appointing authority, it is desirable to do so for the more efficient operation of the Service or it is otherwise in the public interest to do so, the authority may, in writing, waive, for a specified period or otherwise, the requirement for appointment referred to in paragraph (1) (a) in relation to—
        (a) the appointment