Commonwealth Numbered Regulations

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1987 No. 90 PUBLIC SERVICE REGULATIONS (AMENDMENT) - REG 15

Saving and transitional
15. (1) In this regulation:

"amended Regulations" means the Public Service Regulations as amended by these
Regulations and as further amended by any regulations made from time to time
under the Public Service Act 1922;

"commencement day" means the day on which these Regulations come into
operation;

"Principal Act" means the Public Service Act 1922 as in force immediately
before the commencement of section 41 of the Public Service Legislation 
(Streamlining) Act 1986 ;

"Principal Regulations" means the Public Service Regulations as in force
immediately before the commencement day.

(2) Regulations 105A, 105B and 107 of the Principal Regulations continue to
apply in relation to transfers and promotions made before the commencement
day.

(3) A transfer of an officer under section 50 or 50DA of the Principal Act
that had not taken effect before the commencement day takes effect as if the
repeal of section 50EB of the Principal Act had not been made and regulations
109, 109A and 109C of the Principal Regulations continue to apply in relation
to that transfer as if these Regulations had not been made.

(4) A promotion of an officer under section 50, 50D or 50DA of the Principal
Act that had not taken effect before the commencement day takes effect as if
the repeal of section 50E of the Principal Act had not been made and
regulations 109 and 109A, and subregulation 109G (1), of the Principal
Regulations continue to apply in relation to that promotion as if these
Regulations had not been made.

(5) For the purposes of subregulation 109G (1) of the Principal Regulations in
its application to an appeal against a promotion referred to in subregulation
(4) being an appeal that had not been made before the commencement day:

   (a)  an address specified as the relevant address in relation to an appeal
in the section headed "WHERE TO LODGE APPEALS" of the notice headed

"Promotions" last published in the Gazette before the commencement day is the
relevant address; and

   (b)  the time specified in that notice in relation to the Northern
        Territory and the time specified in that notice in relation to other
        places is the time in relation to offices located in that Territory or
        in those other places, as the case may be.

(6) Subject to subregulation (10), for the purposes of subregulation 114 (3)
or 116C (6), as the case requires, of the amended Regulations, an address
specified as the relevant address in relation to an appeal in the notice
referred to in subregulation (5) is the relevant address in respect of:

   (a)  appeals against promotions under section 50 of the Public Service Act
        1922; or

   (b)  appeals under regulation 116C of the amended Regulations against
        selections of officers for directions to act.

(7) Subject to subregulation (10), for the purposes of subregulation 114 (3)
or 116C (6), as the case requires, of the amended Regulations, in relation to
the delivery of notices of appeal in respect of:

   (a)  appeals against promotions to an office located in the Northern
        Territory; or

   (b)  appeals against selections of officers for directions to act in an
        office located in that Territory; the relevant time is 4.21 p.m.

(8) Subject to subregulation (10), for the purposes of subregulation 114 (3)
or 116C (6), as the case requires, of the amended Regulations, in relation to
the delivery of notices of appeal in respect of:

   (a)  appeals against promotions to an office located outside the Northern
        Territory; or

   (b)  appeals against selections of officers for directions to act in an
        office located outside that Territory; the relevant time is 4.51 p.m.

(9) An address or a time, as the case may be, that by virtue of subregulation
(6), (7) or (8) is the relevant address or time for the purposes of
subregulation 114 (3) or 116C (6) of the amended Regulations has effect for
those purposes as if it had been determined by the Agency under subregulation
114 (4) or 116C (7), as the case may be, of the amended Regulations.

(10) Where the Agency determines the relevant address or time under
subregulation 114 (4) or 116C (7) of the amended Regulations in respect of a
type of appeal, subregulation (6), (7) or (8), as the case may be, ceases to
apply to that extent and does not apply again if that determination is
revoked.

(11) A direction in force immediately before the commencement day that was
given under subregulation 108 (1) or 116 (1) of the Principal Regulations
continues in force as if these Regulations had not been made.

(12) A direction to which subregulation (11) applies may be revoked at any
time on or after the commencement day as if these Regulations had not been
made.

(13) An appeal by an officer under regulation 116A of the Principal
Regulations that had not been determined before the commencement day continues
as if these Regulations had not been made.

(14) Where a direction for an officer to perform the whole, or part, of the
duties of an office that is not a Senior Executive Service office continues in
force in accordance with this regulation, any appeal against the selection of
that officer that could have been made in accordance with regulation 116A of
the Principal Regulations but for these Regulations may be made as if these
Regulations had not been made.

(15) For the purposes of subregulation 116A (6) of the Principal Regulations
in its application to an appeal by virtue of subregulation (14), an address
specified as the relevant address in relation to an appeal in the notice
referred to in subregulation (5) is the relevant address.

(16) Any action that could have been taken in relation to:

   (a)  an appeal under section 50B of the Principal Act that had not been
        determined before the commencement day; or

   (b)  an appeal referred to in subregulation (5), (13) or (14); under the
        Principal Regulations may be taken on or after the commencement day as
        if these Regulations had not been made. 


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