Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 43 Day on which promotion takes effect, &c.

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 43

43. (1) Where-

   (a)  no appeal is made under section 39 against the promotion of an officer
        under section 36; or

   (b)  an appeal is, or appeals are, made under section 39 against the
        promotion, but the appeal, or each of the appeals, is disallowed or
        becomes inoperative not later than the prescribed day in respect of
        the promotion, the promotion takes effect on the prescribed day in
        respect of the promotion.

(2) Where-

   (a)  an appeal is, or appeals are, made under section 39 against the
        promotion of an officer under section 36; and

   (b)  the appeal, or each of the appeals, is disallowed or becomes
        inoperative but the day on which the appeal or one of the appeals is
        disallowed or becomes inoperative is later than the prescribed day in
        respect of the promotion, the promotion takes effect on the day on
        which the appeal is disallowed or becomes inoperative, or the latest
        day on which any of the appeals is disallowed or becomes inoperative,
        as the case may be.

(3) A promotion of an officer under sub-section 42 (4) takes effect on the day
on which the promotion is made.

(4) Where a promotion under section 36 of an officer to a position takes
effect, salary at the rate applicable to that position is payable to the
officer on and from the prescribed day in respect of the promotion.

(5) Where, upon the determination of an appeal against the promotion under
section 36 of an officer to a position, the promotion under sub-section 42 (4)
of another officer to that position takes effect, salary at the rate
applicable to that position is payable to that other officer on and from the
day that is the prescribed day in respect of the first-mentioned promotion.

(6) Notwithstanding any other provision of this Act, where an officer has been
promoted under section 36 or 42 to a position held by another officer, the
promotion of the first-mentioned officer does not take effect unless the other
officer ceases to hold the position.