Commonwealth Numbered Acts

PUBLIC SERVICE ACTS AMENDMENT ACT 1982 No. 111, 1982 - SECT 28

28. After section 51 of the Principal Act the following section is inserted:
Abolition of Department or changed administrative arrangements

''51AA. (1) Where, under sub-section 29 (1A) or (1B), the Governor- General
creates an office (in this section referred to as 'the substituted office') in
a Department and declares that office to be in substitution for another office
(in this section referred to as 'the former office') that existed in another
Department immediately before the abolition of the other Department or before
the abolition of the other office, as the case may be, the following
provisions of this section have effect in relation to the filling of the
vacancy in the substituted office.

''(2) Where the former office was, at the time when it ceased to exist,
occupied by an officer, the Board may, by instrument in writing, transfer the
officer to the substituted office.

''(3) Where the former office was, at the time when it ceased to exist, a
vacant office in respect of which an act had been done or a thing had occurred
in relation to the filling of the vacancy, that act shall be deemed to have
been done or that thing shall be deemed to have occurred in relation to the
filling of the vacancy in the substituted office.

''(4) Where the Board transfers an officer to the substituted office under
sub-section (2), the Board shall cause a copy of the instrument of transfer to
be furnished to-

   (a)  where the substituted office is created under sub-section 29 (1A)-the
        Permanent Head of the Department in which the substituted office is
        created; or

   (b)  where the substituted office is created under sub-section 29 (1B)-the
        Permanent Head of the Department in which the substituted office is
        created and the Permanent Head of the Department in which the former
        office existed.''.