Commonwealth Numbered Acts

CRIMES AND OTHER LEGISLATION AMENDMENT ACT 1994 No. 182 of 1994 - SECT 7

7. After section 90 of the Principal Act the following section is inserted:
Officers employed under this Part to have certain rights of entry into the
Australian Public Service

"90A.(1) In this section, unless the contrary intention appears:
'ASIO officer' means a person employed under paragraph 84(1)(a);
'Department', 'office', 'Secretary' and 'Service' have the same meanings as in
the Public Service Act;
'non-appellable promotion', 'promotion' and 'vacancy' have the same meanings
as in Division 4 of Part III of the Public Service Act;
'Public Service Act' means the Public Service Act 1922.



"(2) If, under section 50, 50DA or 50DB of the Public Service Act,
notification of a vacancy in an office in a Department is given in the
Gazette, an ASIO officer may apply for appointment to the office.



"(3) If:

   (a)  an ASIO officer applies under subsection (2) for appointment to an
        office in a Department; and

   (b)  the Secretary of the Department is satisfied that the ASIO officer
        should be appointed to the office; the Public Service Commissioner may
        appoint the ASIO officer to the office in accordance with section 42
        or 43 of the Public Service Act.



"(4) Despite section 47 of the Public Service Act, the appointment of an ASIO
officer to an office in a Department must not be an appointment on probation
if the ASIO officer's employment as an officer of the Organization:

   (a)  was without probation; or

   (b)  was on probation and has been confirmed.



"(5) If the Public Service Commissioner appoints an ASIO officer to an office
in a Department, the following provisions of this section have effect.



"(6) The provisions of Subdivision D of Division 4 of Part III of the Public
Service Act and the provisions of the Merit Protection (Australian Government
Employees) Act 1984 apply to and in relation to the appointment as if:

   (a)  the appointment were a promotion (the 'notional promotion') of the
        ASIO officer to the office by the Secretary of the Department, and the
        promotion:

        (i)    if the appointment is in accordance with the advice of a Joint
               Selection Committee constituted for the purposes of section
               50DA of the Public Service Act-were made under that section; or

        (ii)   if the appointment is in accordance with the unanimous advice
               of a Joint Selection Committee constituted for the purposes of
               section 50DB of the Public Service Act-were made under that
               section; or

        (iii)  otherwise-were made under section 50 of the Public Service Act;
               and

   (b)  the ASIO officer were an officer within the meaning of the Public
        Service Act.



"(7) The notional promotion takes effect as provided for in section 50E of the
Public Service Act.



"(8) Except if subsection (9) or (10) applies, the appointment does not take
effect from the making of the appointment but takes effect on the day (if any)
on which the notional promotion takes effect.



"(9) If:

   (a)  the notional promotion is a non-appellable promotion; and

   (b)  an application for review of the notional promotion by the Merit
        Protection and Review Agency has been lodged under subsection 50DA(1)
        of the Public Service Act; and

   (c)  the Merit Protection and Review Agency makes a decision in writing
        under subparagraph 50DAA(3)(b)(i) of the Public Service Act affirming
        the promotion; the appointment takes effect when the decision is made.



"(10) If:

   (a)  the notional promotion is a non-appellable promotion; and

   (b)  an application for review of the notional promotion by the Merit
        Protection and Review Agency has been lodged under subsection 50DAA(1)
        of the Public Service Act; and

   (c)  the Merit Protection and Review Agency has recommended to the
        Secretary under subsection 50DAA(4) of the Public Service Act that the
        promotion be cancelled; the appointment does not take effect unless
        and until the Secretary makes a decision under subsection 50DAA(6) of
        the Public Service Act not to cancel the promotion.



"(11) The ASIO officer is taken to be absent from the Service on leave of
absence without pay until he or she begins to perform the duties of the
office.



"(12) If the ASIO officer does not begin to perform the duties of the office
within a reasonable time after the appointment takes effect, the Public
Service Commissioner or the Secretary of the Department may cancel the
appointment.".