Commonwealth Numbered Acts

PUBLIC SERVICE AMENDMENT ACT (No. 2) 1976 No. 194, 1976 - SECT 4

4. (1) Where-

   (a)  a transferred officer-

        (i)    had, before the date of his transfer, been provisionally
               promoted to a vacant office in the Australian Public Service;

        (ii)   had appealed, before that day, against the provisional
               promotion of another person to fill such an office; or

        (iii)  would, if he had continued to be an officer in the Australian
               Public Service, have had, on that day, a right to appeal
               against the provisional promotion of another person to fill
               such an office, being a provisional promotion made before that
               day; and

   (b)  the promotion had not been confirmed or cancelled before that day,
        this section applies in relation to the promotion, and that
        transferred officer is, in this section, referred to, in relation to
        the promotion, as the relevant transferred officer.

(2) Section 50 of the Principal Act continues to apply, on and after the date
of the transfer of the relevant transferred officer, to and in relation to a
promotion to which this section applies as if the relevant transferred officer
had not ceased to be an officer of the Australian Public Service and his
service as an employee of the Public Service of the Northern Territory were
service in the Australian Public Service.

(3) Where, in respect of a promotion to which this section applies, the
provisional promotion of the relevant transferred officer to the vacant office
concerned is confirmed or the relevant transferred officer is promoted to the
vacant office concerned in place of another person who had been provisionally
promoted to that office-

   (a)  if that office is included in a class of offices specified in an
        instrument of transfer under section 84A of the Principal Act as
        amended by this Act that was signed on or before the relevant date in
        respect of that promotion-the officer does not become the holder of
        that office but is entitled to be paid salary in respect of his
        service in the Australian Public Service during the period commencing
        on the day on which he or that other person was provisionally promoted
        to that office and ending on the day immediately before the date of
        his transfer as if he had been the holder of that office during that
        period; and

   (b)  if the office is not included in a class of offices referred to in
        paragraph (a)-

        (i)    the officer shall be deemed to have become the holder of that
               office on the date on which he, or that other person, was
               provisionally promoted to that office; and

        (ii)   the officer shall be deemed, notwithstanding the transfer, to
               have continued, on and after the date of his transfer, to be an
               officer of the Australian Public Service, but any amount paid
               to him as salary in respect of his service in the Public
               Service of the Northern Territory shall be deemed to have been
               paid to him as salary under the Principal Act as amended and in
               force at the time the amount was paid.

(4) In this section-

''relevant date'', in respect of a promotion of an officer, being a promotion
to which this section applies, means the date on which the promotion of the
relevant transferred officer to the office is confirmed or the relevant
transferred officer is promoted to the office in place of another person who
had been provisionally promoted to the office;

''transferred officer'' has the same meaning as in Division 11 of Part III of
the Principal Act as amended by this Act.
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