Commonwealth Numbered Regulations

1991 No. 477 PUBLIC SERVICE REGULATIONS (AMENDMENT) - REG 3

  3.1   Omit the regulation, substitute:
Notice to Senior Executive Service officer of proposed transfer to state day
of effect

"106. (1) A notice given under subsection 49 (4) of the Act to a Senior
Executive Service officer of the transfer of the officer under subsection 49
(1A) or (1B) of the Act must state the day on which the transfer is proposed
to take effect.

"(2) The day on which the transfer is proposed to take effect must not be
earlier than the day on which the notice of the transfer is given to the
officer. Period within which application to decline transfer of Senior
Executive Service officer is to be made

"106A. For the purposes of subsection 52 (2) of the Act, if a Senior Executive
Service officer in a Department is to be transferred to a vacant Senior
Executive Service office in the Department:

   (a)  by the Secretary under subsection 49 (1A) of the Act; or

   (b)  by the Commissioner under paragraph 49 (1B) (b) or (c) of the Act; the
        period within which the officer may, under subsection 52 (1) of the
        Act, apply for permission to decline the transfer is whichever of the
        following periods ends first:

   (c)  the period beginning when the officer is given notice of the transfer
        under subsection 49 (4) of the Act and ending at the end of the day
        immediately before the prescribed day ascertained under regulation
        106B; or

   (d)  the period beginning when the officer is given that notice and ending
        at the end of the sixth day after the day on which the officer is
        given that notice. Prescribed day-transfer of Senior Executive Service
        officer within a Department

"106B. If a Senior Executive Service officer in a Department is to be
transferred to a vacant Senior Executive Service office in the Department:

   (a)  by the Secretary to the Department under subsection 49 (1A) of the
        Act; or

   (b)  by the Commissioner under paragraph 49 (1B) (b) or (c) of the Act; the
        day, for the purposes of subparagraph (b) (i) of the definition of
        'prescribed day' in subsection 33AAA (1) of the Act in its application
        to section 49D of the Act, is:

   (c)  if:

        (i)    the officer's views on the transfer, to which the Secretary or
               the Commissioner is required to have regard under subsection 49
               (2) of the Act, include the view that the officer has no
               objection to the transfer; or

        (ii)   the transfer is made under paragraph 49 (1B) (c) of the Act;
the day stated under subregulation 106 (1) in the notice of the transfer given
to the officer as the day on which the transfer is proposed to take effect; or

   (d)  if paragraph (c) does not apply-the later of:

        (i)    the day stated under subregulation 106 (1) in the notice of the
               transfer given to the officer as the day on which the transfer
               is proposed to take effect; or

        (ii)   the seventh day after the day on which that notice is given to
               the officer. Prescribed day-transfer of Senior Executive
               Service officer to another Department

"106C. If a Senior Executive Service officer in a Department is to be
transferred to a vacant Senior Executive Service office in another Department
by the Commissioner under subsection 49 (1B) of the Act, the day, for the
purposes of subparagraph (b) (i) of the definition of prescribed day in
subsection 33AAA (1) of the Act in its application to section 49D of the Act,
is the day stated under subregulation 106 (1) in the notice of the transfer
given to the officer as the day on which the transfer is proposed to take
effect. Gazettal of transfer of Senior Executive Service officer

"106D. A transfer of a Senior Executive Service officer under subsection 49
(1A) or (1B) of the Act that has filled a vacancy notified in the Gazette
under subsection 33AA (2) of the Act must be notified in the Gazette.".