Commonwealth Numbered Acts

POSTAL AND TELECOMMUNICATIONS COMMISSIONS (TRANSITIONAL PROVISIONS) ACT 1975 No. 56, 1975 - SECT 19

19. (1) Where a person was promoted to fill a vacancy in an office in the
Postmaster-General's Department before the commencing day but the promotion
had not been completed before that day, the Minister shall, after taking into
consideration any advice furnished to him by the Australian Postal Commission
and any advice furnished to him by the Australian Telecommunications
Commission, declare whether the promotion is to have effect in relation to the
Australian Postal Commission or the Australian Telecommunications Commission.

(2) Where the Minister declares that a promotion is to have effect in relation
to a Commission referred to in sub-section (1)-

   (a)  the relevant section applies, in accordance with paragraph (b), to and
        in relation to the promotion as if the person had, on the effective
        date, been promoted by that Commission to fill the corresponding
        position in the Service of that Commission; and

   (b)  in the application of paragraph (a) and the relevant section to and in
        relation to the promotion-

        (i)    the corresponding position in the Service of that Commission
               shall be deemed to have been in existence, and to have been
               vacant, on the effective date;

        (ii)   any action taken in connexion with the promotion before the
               commencing day has effect as if it had been taken in relation
               to the promotion of the person to fill the corresponding
               position in the Service of that Commission;

        (iii)  if the commencing day is less that 22 days after the effective
               date in relation to the promotion-an officer of the Australian
               Public Service who, immediately before the commencing day, was
               entitled to appeal against the promotion but has not done so
               may appeal against the promotion as if he were an officer in
               the Service of that Commission;

        (iv)   if that Commission would be required to promote a person who
               would not, but for this paragraph, be an officer in the Service
               of that Commission, or to confirm the provisional promotion of
               such a person, that person shall be deemed to have been
               appointed by that Commission to be an officer in the Service of
               that Commission on the effective date; and

        (v)    the seniority of an officer of the Australian Public Service
               shall be determined as prescribed by the By-laws made by that
               Commission.

(3) For the purposes of this section, the promotion of an officer to fill a
vacancy in an office in the Postmaster-General's Department shall be taken not
to be completed if it has not been confirmed or cancelled.

(4) In this section-

   (a)  a reference to the relevant section is-

        (i)    in relation to a declaration that a promotion is to have effect
               in relation to the Australian Postal Commission-a reference to
               section 54 of the Postal Services Act 1975; and

        (ii)   in relation to a declaration that a promotion is to have effect
               in relation to the Australian Telecommunications Commission-a
               reference to section 51 of the Telecommunications Act 1975;

   (b)  a reference to the corresponding position in the Service of the
        Australian Postal Commission or of the Australian Telecommunications
        Commission, in relation to an office in the Postmaster-General's
        Department, is a reference to a position determined by the
        Australian Postal Commission or the
        Australian Telecommunications Commission, as the case may be, being a
        position the duties of which are the same or substantially the same as
        the duties of that office or position and which has a classification
        equivalent to the classification of that office or position; and

   (c)  a reference to the effective date, in relation to the promotion of a
        person to fill a vacancy in an office in the Postmaster-General's
        Department, is a reference to the date on which the person was
        promoted to fill the vacancy.