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Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983 No. 7 of 1983 - SECT 14

Disciplinary action for misconduct

14. (1) Section 64 of the Australian Broadcasting Corporation Act 1983
applies in relation to misconduct that occurred before the commencing day
but, for that purpose, ''misconduct'' has the same meaning as it had for the
purposes of section 56 of the Broadcasting and Television Act 1942.

(2) An officer who was suspended from duty immediately before the commencing
day continues to be suspended from duty as if he had been so suspended under
section 64 of the Australian Broadcasting Corporation Act 1983.

(3) Where an officer of the Australian Broadcasting Commission was dismissed,
retired, transferred, reduced in position or salary, or fined an amount
exceeding $4, under section 55 or 56 of the Broadcasting and Television Act
1942, then, notwithstanding the repeal of sections 57 and 58 of that Act
effected by this Act-

   (a)  section 57 of that Act and any regulations in force under that Act for
        the purposes of that section continue to apply in relation to the
        dismissal, retirement, transfer, reduction in position or salary or
        fine but any action to be taken under sub-section (4) of that section
        shall be taken by the Managing Director; and

   (b)  for the purposes of any appeal against the dismissal, retirement,
        transfer, reduction in position or salary or fine, section 58 of that
        Act and any regulations in force under that Act for the purposes of
        that section continue to apply but, for the purposes of that section
        and those regulations as so continuing to apply-

        (i)    the reference in paragraph (2) (b) of that section to the
               Commission shall be construed as a reference to the Managing
               Director; and

        (ii)   if there is no officer elected for the purposes of paragraph
               (2) (c), or no deputy elected for the purposes of sub-section
               (5), of that section, an officer may be elected for the
               purposes of that paragraph or a deputy may be elected for the
               purposes of that sub-section, as the case may be, by the
               officers of the Corporation. 


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