Document ID: chunk:federal_register_of_legislation:C2004C00357:clause:3_176:p1
Version: federal_register_of_legislation:C2004C00357
Segment Type: clause
Provision Reference: sch 3 cl 176 (pt 1/2)
Character Range: 116579–119347

176  Transitional and Saving

  Notwithstanding the amendments of the Principal Act made by this Part:
 (a) any determination made or approval given by the Commonwealth Teaching Service Commissioner under the Principal Act and in force immediately before the commencement of this section continues in force as if it were a determination made or approval given by the person or authority having power to make such a determination or give such an approval under the Principal Act as amended by this Part;
 (b) any reference in a determination or approval referred to in paragraph (a) to the Commonwealth Teaching Service Commissioner shall, except in relation to matters that occurred before the commencement of this section, be read as a reference to the person or authority having power to make such a determination or give such an approval under the Principal Act as amended by this Part;
 (c) a person who held a position in the Commonwealth Teaching Service immediately before the commencement of this section and continues in the Service after that commencement by virtue of subsection 19(2) of the Principal Act as amended by this Part continues to hold that position after that commencement;
 (d) a person who was a temporary employee in the Commonwealth Teaching Service immediately before the commencement of this section and continues in the Service after that commencement by virtue of subsection 19(2) of the Principal Act as amended by this Part continues as a temporary employee in the Service in such component of the Service as the Secretary determines;
 (e) any provisional promotion to a position in the Commonwealth Teaching Service that was made before the commencement of this section but had not been confirmed before that commencement continues to have effect and may be confirmed or appealed against under the Principal Act as amended by this Part;
 (f) any appeal to a Promotions Appeals Board, or to the Disciplinary Appeals Board, that was pending immediately before the commencement of this section continues in force and may be heard or determined under the Principal Act as amended by this Part;
 (g) any person who held office as a member of a Promotions Appeals Board or of the Disciplinary Appeals Board immediately before the commencement of this section continues to hold office as if he had been duly appointed under the Principal Act as amended by this Part; and
 (h) in any proceeding before the Australian Conciliation and Arbitration Commission in respect of an industrial dispute or industrial matter in respect of the Commonwealth Teaching Service that was pending immediately before the commencement of this section the Public Service Board shall be deemed to be a party to the proceeding in place of the Commonwealth Teaching