Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 49

49. (1) Where the Commission has determined that an officer shall not be
transferred or promoted to a specified position or a position included in a
specified class of positions unless the officer has passed an examination held
or authorized by the Commission for transfer or promotion to that position,
the Commission may also determine-

   (a)  that the transfer or promotion of officers to such a position shall be
        made only in accordance with this section; and

   (b)  that officers who submit themselves for such an examination in a
        specified part of Australia shall, on passing the examination, be
        eligible for transfer or promotion under this section only to a vacant
        position located in that part of Australia.

(2) Where an officer passes an examination held or authorized by the
Commission for transfer or promotion to a particular position, or to a
position included in a particular class of positions, the officer shall be
transferred, or promoted to, such a position-

   (a)  if the Commission has made the determination referred to in paragraph
        (1) (b) in relation to the examination-as soon as practicable after a
        vacancy occurs in such a position that is located in the part of
        Australia in which the officer submitted himself for the examination;
        or

   (b)  in any other case-as soon as practicable after a vacancy occurs in
        such a position.

(3) Where 2 or more officers have passed the same examination, those officers
are entitled to be transferred or promoted in accordance with sub-section (2)
according to the order of merit in which they passed the examination.

(4) A promotion under this section is not subject to the right of appeal
provided in section 51.