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Australian National Railways Commission (Transitional Provisions and Consequential Amendments) Act 1983 No. 141 of 1983 - SECT 9

Determinations of terms and conditions of service and employment

9. (1) A determination made by the Commission under sub-section 46 (2) of the
former Railways Act, and in force immediately before the commencement of this
Act, has effect, for the purposes of the new Railways Act, as if it had been
made by the Commission under sub-section 38 (1) of the new Railways Act.

(2) A certificate signed by the General Manager, or another person authorized
by the Commission, by instrument in writing, for the purposes of this
sub-section, that states that-

   (a)  a specified document is a true copy of a determination made by the
        Commission under sub-section 46 (2) of the former Railways Act;

   (b)  the terms and conditions of service or employment set out in a
        determination made by the Commission under sub-section 46 (2) of the
        former Railways Act were determined with the approval of the Public
        Service Board;

   (c)  the salary for a position referred to in a determination made by the
        Commission under sub-section 46 (2) of the former Railways Act was
        determined with the approval of the Minister; or

   (d)  a determination made by the Commission under sub-section 46 (2) of the
        former Railways Act is in force or was in force during a specified
        period or at a specified time,
is prima facie evidence of the matters stated in the certificate.

(3) A document purporting to be a certificate of the kind referred to in
sub-section (2) shall, unless the contrary is established, be deemed to be
such a certificate and to have been duly given. 


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