Commonwealth Numbered Acts

NAVAL DEFENCE AMENDMENT ACT 1988 No. 101, 1988 - SECT 4

4. Part VI of the Principal Act is amended by inserting at the end the
following section: Transfer of persons where functions are to be performed by
a Commonwealth
authority   "42D. (1) Where the Minister certifies in writing that a function
that has been performed by persons employed under section 42 is to be
performed by a Commonwealth authority, the authorized person may, by writing
published in the Gazette, declare that specified persons or classes of persons
are in the employment of the Commonwealth authority.

"(2) A person specified in, or in a class of persons specified in, a
declaration under subsection (1):

   (a)  on the day specified in the declaration for the purpose of this
        subsection, ceases to be employed under section 42; and

   (b)  from and including that day, is employed by the Commonwealth authority
        specified in the declaration.

"(3) For the purpose of facilitating a transfer of persons to the employment
of a Commonwealth authority, the Commonwealth authority may, notwithstanding
anything in any other law (other than an industrial award), determine special
terms or conditions of employment that are to apply in relation to the persons
(other than terms and conditions with respect to superannuation).".