Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 41

41. (1) Where the Commission is satisfied that-

   (a)  a person who was an officer-

        (i)    resigned from the Service in order to become a candidate for
               election as a member of a House of the Parliament of Australia
               or of a State or of the Legislative Assembly for the Northern
               Territory or a legislative or advisory body for another
               Territory prescribed by the regulations;

        (ii)   was a candidate at the election; and

        (iii)  failed to be elected; and

   (b)  the resignation took effect not earlier than 1 month before the date
        on which nominations for the election closed, the Commission shall,
        upon application by that person within 2 months after the declaration
        of the result of the election, re-appoint him to the Service at a
        classification and salary equivalent to the classification and salary
        that he had immediately before the date upon which his resig- nation
        took effect.

(2) A person shall be re-appointed under this section without being required
to undergo any medical examination and whether or not he possesses the
appropriate educational qualifications or meets the appropriate requirements.

(3) A person shall be re-appointed under this section without probation.

(4) A person re-appointed under this section shall be deemed to have continued
in the Service as if he had not resigned but had been on leave of absence
without pay during the period from the day on which his resignation became
effective to and including the day immediately preceding the day on which he
was re-appointed.

(5) The period referred to in sub-section (4) shall, for all purposes, be
deemed to form part of the officer's period of service.