Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 230

230. (1) In this section, "Principal Act" means the Public Service Act
1922.*8*

(2) Section 47C of the Principal Act is amended:

   (a)  by inserting after subsection (1) the following subsection:

"(1A) Where the Commissioner is satisfied that:

   (a)  a person who was an officer holding an office in the Aboriginal and
        Torres Strait Islander Commission:

        (i)    resigned in order to become a candidate for election as a
               member of a Regional Council established under section 92 of
               the Aboriginal and  Torres Strait Islander Commission Act 1989
               ;

        (ii)   was a candidate at the election; and

        (iii)  failed to be elected; and

   (b)  the resignation took effect not earlier than 6 months before the date
        on which nominations for the election closed; the Commissioner shall,
        upon application by the person within 2 months after the declaration
        of the result of the election, re-appoint the person to the Service to
        fill the office occupied by the person immediately before resigning or
        an equivalent office or, if such an office is not available, as an
        unattached officer, having the same classification as the person had
        immediately before resigning.";

   (b)  by inserting after subsection (2) the following subsection:

"(2A) The reference in subsection (1A) to the declaration of the result of the
election shall, where an election petition has been addressed to the Federal
Court of Australia under Schedule 4 of the Aboriginal and Torres  Strait
Islander Commission Act 1989 , be read as a reference to the giving of a final
decision on the election petition by the Federal Court.";
(c) by inserting in paragraph (3) (a) "or (1A) (a) (i)" after "subparagraph
(1) (a) (i)".

(3) Section 82B of the Principal Act is amended:

   (a)  by inserting after subsection (1) the following subsection:

"(1A) Where the Commissioner is satisfied that:

   (a)  a person who was an employee and was employed in the Aboriginal and
        Torres Strait Islander Commission:

        (i)    resigned in order to become a candidate for election as a
               member of a Regional Council established under section 92 of
               the Aboriginal and  Torres Strait Islander Commission Act 1989
               ;

        (ii)   was a candidate at the election; and

        (iii)  failed to be elected; and

   (b)  the resignation took effect not earlier than 6 months before the date
        on which nominations for the election closed; the Commissioner shall,
        upon application by the person within 2 months after the declaration
        of the result of the election, employ the person in the Aboriginal and
        Torres Strait Islander Commission in the same or a similar capacity
        with the same rate of pay as that payable to the person immediately
        before resigning.";

   (b)  by adding at the end the following subsection:

"(3) The reference in subsection (1A) to the declaration of the result of the
election shall, where an election petition has been addressed to the Federal
Court of Australia under Schedule 4 of the Aboriginal and Torres  Strait
Islander Commission Act 1989 , be read as a reference to the giving of a final
decision on the election petition by the Federal Court.".

*8* No. 21, 1922, as amended. For previous amendments, see No. 46, 1924; No.
41, 1928; No. 19, 1930; No. 21, 1931; No. 72, 1932; No. 38, 1933; Nos. 45 and
46, 1934; No. 72, 1936; No. 41, 1937; No. 72, 1939; No. 88, 1940; No. 5, 1941;
No. 19, 1943; Nos. 11, 29 and 43, 1945; No. 16, 1946; Nos. 1, 38, 52 and 84,
1947; Nos. 35 and 75, 1948; Nos. 51 and 80, 1950; Nos. 46 and 48, 1951; No.
22, 1953; Nos. 63, 1954; No. 18, 1955; Nos. 13 and 39, 1957; No. 11, 1958;
Nos. 17 and 105, 1960; Nos. 2 and 75, 1964; Nos. 47 and 85, 1966; Nos. 2 and
115, 1967; Nos. 59, 114 and 120, 1968; No. 6, 1972; Nos. 21, 71, 73 and 209,
1973; Nos. 59, 1974; No. 40, 1975; Nos. 193 and 194, 1976; Nos. 6 and 80,
1977; Nos. 36 and 170, 1978; Nos. 52 and 155, 1979; No. 177, 1980; No. 61,
1981; Nos. 26 and 80, 1982; No. 111, 1982 (as amended by No. 39, 1983); Nos.
39, 56 and 92, 1983; No. 63, 1984 (as amended by No. 165, 1984); No. 165,
1984; Nos. 65, 166 and 187, 1985; Nos. 28, 29, 76 and 153, 1986; Nos. 92, 99
and 141, 1987; and Nos. 75, 87, 99 and 109, 1988.