Commonwealth Numbered Acts

PUBLIC SERVICE AMENDMENT ACT 1976 No. 193, 1976 - SECT 15

15. (1) The repeal of sections 73, 74 and 75 of the Principal Act does not
affect a grant, before the commencement of this section, of leave of absence
under any of those sections for a period commencing after, or extending after,
the commencement of this section, and the Long Service Leave (Commonwealth 
Employees) Act 1976 applies to and in relation to leave of absence so granted
that occurs after the commencement of this section as if it had been granted
under that Act.

(2) Where a payment to a dependant, or payments to 2 or more dependants, of an
officer who died, or is, by virtue of a direction given by the Public Service
Board, presumed to have died, on or after 1 January 1973 and before the
commencement of this section had not been authorized before the commencement
of this section under section 68C of the Principal Act as in force at any time
before the commencement of this section-

   (a)  notwithstanding the repeal of section 68C of the Principal Act
        effected by section 5 of this Act, the Chief Officer-

        (i)    may authorize payment to a dependant of the officer of an
               amount
(in this sub-section referred to as the ''relevant amount'') equal to the
amount, or the sum of the amounts, (if any) that could have been authorized to
be paid to the officer under section 68B of the Principal Act on the day on
which he died or is presumed to have died if he had ceased to be an officer
otherwise than by death on that day; or

        (ii)   may authorize payments to 2 or more dependants of the officer
               of amounts aggregating the relevant amount;

   (b)  if the Chief Officer has not authorized a payment or payments under
        paragraph (a), he may authorize payment of an amount equal to the
        relevant amount to the legal personal representative of the officer;
        and

   (c)  if the Chief Officer has not authorized a payment under paragraph (a)
        or (b) within 12 months after the commencement of this section, he
        shall authorize payment of an amount equal to the relevant amount to
        the legal personal representative of the officer.

(3) Where there are 2 or more dependants of an officer referred to in
sub-section (2), the Chief Officer shall, in exercising the powers conferred
on him by paragraph (2) (a), have regard to the respective losses suffered by
those dependants as a result of the loss of earnings of the officer.

(4) Regulation 62 of the Public Service Regulations as in force immediately
before the commencement of this section continues in force after the
commencement of this section for the purposes of section 68F of the Principal
Act as amended by this Act as if references in it to section 73 or 74 of the
Principal Act were references to section 68F of the Principal Act as so
amended, but that regulation may be repealed or amended by regulations made
under the Principal Act as so amended.

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