Document ID: chunk:federal_register_of_legislation:C2004A04855:body:0:p4
Version: federal_register_of_legislation:C2004A04855
Segment Type: other
Provision Reference: 
Character Range: 7865–10681

Public Service Act.

"(4) Despite section 47 of the Public Service Act, the appointment of an ASIO officer to an office in a Department must not be an appointment on probation if the ASIO officer's employment as an officer of the Organization:

    (a) was without probation; or

    (b) was on probation and has been confirmed.

"(5) If the Public Service Commissioner appoints an ASIO officer to an office in a Department, the following provisions of this section have effect.

"(6) The provisions of Subdivision D of Division 4 of Part III of the Public Service Act and the provisions of the Merit Protection (Australian Government Employees) Act 1984 apply to and in relation to the appointment as if:

    (a) the appointment were a promotion (the 'notional promotion') of the ASIO officer to the office by the Secretary of the Department, and the promotion:

         (i) if the appointment is in accordance with the advice of a Joint Selection Committee constituted for the purposes of section 50DA of the Public Service Act—were made under that section; or

         (ii) if the appointment is in accordance with the unanimous advice of a Joint Selection Committee constituted for the purposes of section 50DB of the Public Service Act—were made under that section; or

         (iii) otherwise—were made under section 50 of the Public Service Act; and

    (b) the ASIO officer were an officer within the meaning of the Public Service Act.

"(7) The notional promotion takes effect as provided for in section 50E of the Public Service Act.

"(8) Except if subsection (9) or (10) applies, the appointment does not take effect from the making of the appointment but takes effect on the day (if any) on which the notional promotion takes effect.

"(9) If:

    (a) the notional promotion is a non-appellable promotion; and

    (b) an application for review of the notional promotion by the Merit Protection and Review Agency has been lodged under subsection 50DA(1) of the Public Service Act; and

    (c) the Merit Protection and Review Agency makes a decision in writing under subparagraph 50DAA(3)(b)(i) of the Public Service Act affirming the promotion;

the appointment takes effect when the decision is made.

"(10) If:

    (a) the notional promotion is a non-appellable promotion; and

    (b) an application for review of the notional promotion by the Merit Protection and Review Agency has been lodged under subsection 50DAA(1) of the Public Service Act; and

    (c) the Merit Protection and Review Agency has recommended to the Secretary under subsection 50DAA(4) of the Public Service Act that the promotion be cancelled;

the appointment does not take effect unless and until the Secretary makes a decision under subsection 50DAA(6) of the Public Service Act not to cancel the promotion.

"(11)