Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p25
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 63854–66583

salary that was applicable, as the case may be, in respect of the office held by him, or, in the case of an unattached officer, to or in respect of him, immediately before the movement took place;
     'Promotion Appeal Committee' means a Promotion Appeal Committee established under section 50c.
"(2) In this Division, unless the contrary intention appears, a reference to a vacant office includes a reference to an office that is expected to become vacant and a reference to a vacancy includes a reference to a vacancy that is expected to occur.
"(3) In this Division, a reference to the determination of an appeal against the promotion of an officer is a reference to the allowing or disallowing of the appeal under section 50d.
"(4) For the purposes of this Division, an appeal shall be taken to become inoperative if—
     (a) the appeal is withdrawn;
     (b) the appeal lapses by virtue of section 50f or 50g;
     (c) the appellant or the officer against whose promotion the appeal was made ceases to be an officer, otherwise than by virtue of his becoming a person to whom Division 3 of Part IV applies;
     (d) the appellant or the officer against whose promotion the appeal was made ceases, by reason of his promotion to another office having taken effect or for any other reason, to be eligible for promotion to the office concerned;
     (e) the officer against whose promotion the appeal was made is granted permission by the Board under section 52 to decline the promotion; or
     (f) the promotion against which the appeal was made ceases to have effect under sub-section 50e (7) or section 50ea.
"(5) For the purposes of this Division, the parties to particular appeal proceedings are the officer promoted under section 50 and the appellant or appellants.".

Interpretation
22. Section 33aaa of the Principal Act is amended by omitting "section 50c" from the definition of "Promotion Appeal Committee" in sub-section (1) and substituting "Subdivision B of Division 2 of Part II of the Merit Protection (Australian Government Employees) Act 1984".
23. (1) Section 33 of the Principal Act is repealed and the following heading and sections are substituted:

"Subdivision A—Preliminary

Application of merit principle, prohibition of patronage, &c.
"33. (1) Powers under this Act in respect of appointment shall be exercised in accordance with procedures that ensure that, in each case where an appointment to the Service is to be made—
     (a) all persons who are eligible for appointment to the Service have, so far as is practicable, a reasonable opportunity to apply for the appointment; and
     (b) the appointment is made on the basis of an assessment of the relative suitability of the applicants for the