Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 46

46. (1) Subject to sub-section (2), the eligibility of a transferred South
Australian employee to be granted a period of long service leave, or of such
an employee, or of the dependants of such an employee, to be paid an amount of
money in lieu of long service leave, shall be determined -

   (a)  by applying the provisions of the Long Service Leave (Commonwealth
Employees) Act 1976; or

   (b)  by applying the relevant South Australian long service leave
provisions and treating the service of the transferred South Australian
employee in the employment of the Commission as service as an
Officer for the purposes of those provisions, whichever has the more
favourable effect in relation to that employee or his dependants, and a period
of long service leave may be granted, or the payment of an amount of money in
lieu of long service leave may be authorized, under the Long Service Leave
(Commonwealth Employees) Act 1976, accordingly.

(2) For the purposes of sub-section (1), the period of long service leave that
a transferred South Australian employee would, at any time, but for this
sub-section, be eligible to be granted under the relevant South Australian
long service leave provisions in respect of a period of service is subject to
an appropriate reduction in respect of a period of long service leave that has
previously been granted to him, or of any amount of money in lieu of long
service leave that has previously been paid to him, in respect of any part of
that period of service.

(3) For the purposes of applying the relevant South Australian long service
leave provisions to or in respect of a transferred South Australian employee,
the Public Service Board and any persons authorized to grant long service
leave to that employee, or to authorize a payment of money in lieu of long
service leave to or in respect of that employee, under the Long Service Leave
(Commonwealth Employees) Act 1976, have all the powers conferred by those
provisions upon the Public Service Board of the State of South Australia.

(4) A reference in this section to the relevant South Australian long
service leave provisions is a reference to those provisions of the Public
Service Act 1967 of the State of South Australia as in force at 1 March 1978
that relate to long service leave.