Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p15
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 39309–42189

that office; or

    (d) the officer is not suitable for the performance of the duties of SES offices of the same or equal classification; or

    (e) the transfer of another officer to the office is required for the purposes of section 76F or 76L or would otherwise better promote the efficiency of the Service.

"(3) If:

    (a) a vacancy in an office has been filled by the appointment, promotion or transfer of a person to the office; and

    (b) the office becomes vacant again before the person has started to perform the duties of the office;

then, in applying paragraph (2)(a) in relation to the later vacancy, the Commissioner may have regard to the procedures followed in relation to the earlier vacancy instead of those followed in relation to the later vacancy.

"(4) A transfer of an officer under paragraph 49(1B)(c) must be notified in the Gazette.".

Paragraph 49A(1)(b):

Omit "Board", substitute "Commissioner".

Subsection 49A(2):

Omit "Board", substitute "Commissioner".

SCHEDULE 1—continued

Section 49A:

After subsection (2), insert:

"(2A) Where a Secretary or the Commissioner proposes to give a direction under subsection (1) which involves directing:

    (a) an SES officer (other than an SES (Specialist) officer) to perform the duties of an SES (Specialist) office or to perform specified duties, being duties that would be appropriate for an SES (Specialist) office of equal classification; or

    (b) an SES (Specialist) officer to perform the duties of an SES office (other than an SES (Specialist) office) or to perform specified duties, being duties that would be appropriate for an SES office (other than an SES (Specialist) office) of equal classification;

the Secretary or the Commissioner, as the case requires may give the direction only if, in addition to having regard to the matters in subsection (2), he or she is satisfied that the officer to be given the direction is capable of performing the duties of the office in which the officer is directed to act or the specified duties the officer is directed to perform, as the case may be.".

Subsections 49A(3) and (4):

Omit "Board" (wherever occurring), substitute "Commissioner".

Subsection 49B(1):

Omit "Board", substitute "Commissioner".

Subsections 49B(2) and (3):

Omit "Board shall", substitute "Commissioner must".

Paragraph 49B(3)(c):

Omit the paragraph, substitute:

     "(c) the officer is not suitable for the performance of the duties of that office; or

     (ca) where the Secretary has recommended the promotion of an officer to an SES office (other than an SES (Specialist) office), the officer is not suitable for the performance of the duties of SES offices of the same or equal classification; or".

Subsection 49B(3A):

    (a) Omit "itself, substitute "himself or herself.

    (b) Omit "Board may, if it", substitute "Commissioner may, if he or she".