Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p11
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 27528–30319

if the Board so directs, the relevant Secretary shall comply with sub-section (2) in relation to the vacancy.".

24. Section 33c of the Principal Act is repealed and the following section is substituted:

Unattached officers
"33c. (1) The Secretary of a Department may, with the consent in writing of an officer who holds an office in the Department, declare, in writing, that the officer shall, on a day specified in the declaration, become

an unattached officer and, if the Secretary does so, the office so held by the officer becomes vacant on the day so specified.
"(2) Except as otherwise directed by the Board under this or another provision of this Act, a person who is, or is deemed to be, an unattached officer of the Service is included in the Department in which the person last held an office.".

25. Section 34 of the Principal Act is repealed and the following section is substituted:

Eligibility for appointment to the Service
"34. A person is not eligible for appointment to the Service unless the Board is satisfied that the person is a fit and proper person to be an officer of the Service.".

Interpretation
26. Section 35 of the Principal Act is amended by omitting the definition of "Chairman".

Appointment of Secretaries of Departments
27. Section 36 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "by instrument signed by him" and substituting "in writing";
     (b) by omitting from sub-section (3) "unless he has received a report in writing from the Chairman" and substituting "unless the Prime Minister has received a report in writing from the Head of the Public Service Board";
     (c) by omitting from sub-section (4) "Chairman" and substituting "Head of the Public Service Board"; and
     (d) by omitting from sub-section (5) "his" and substituting "the".

Fixed-term appointments
28. Section 37 of the Principal Act is amended by omitting from sub-section (12) "unless he has received a report in writing from the Chairman" and substituting "unless the Prime Minister has received a report in writing from the Head of the Public Service Board".

Superannuation benefits for fixed-term Secretaries of Departments
29. Section 38 of the Principal Act is amended—
     (a) by omitting sub-sections (3) and (4) and substituting the following sub-sections:
    "(3) The Board may—
         (a) at the time when a relevant person is appointed to an office of Secretary under a fixed-term appointment within the meaning of section 37; or
         (b) as soon as practicable after the making of the appointment,

    make a determination in writing in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.
    "(4) Without limiting the generality of sub-section (3), a