Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 46

46. Section 50E of the Principal Act is amended-

   (a)  by omitting sub-sections (1) and (2) and substituting the following
        sub-sections:

''(1) Where an officer is promoted under section 50, the following provisions
have effect:

   (a)  if-

        (i)    no appeal is made under section 50B against the promotion of
               the officer or an appeal is, or appeals are, made under
               section 50B 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 appeal; and

        (ii)   the officer does not apply under section 52 for permission to
               decline the promotion or the officer applies for such
               permission but the Board notifies the officer, not later than
               the prescribed day in respect of the promotion, of its refusal
               to grant such permission,

the promotion takes effect on the prescribed day in respect of the promotion;

   (b)  if-

        (i)    an appeal is, or appeals are, made under section 50B against
               the promotion and 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; or

        (ii)   the officer applies under section 52 for permission to decline
               the promotion and the Board notifies the officer, on a day that
               is later than the prescribed day in respect of the promotion,
               of its refusal to grant such permission,

the promotion takes effect-

        (iii)  in a case to which sub-paragraph (i) applies but sub-paragraph
               (ii) does not apply-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;

        (iv)   in a case to which sub-paragraph (ii) applies but sub-paragraph
               (i) does not apply-on the day on which the Board notifies the
               officer of its refusal to grant the officer permission to
               decline the promotion; or

        (v)    in a case to which both sub-paragraph (i) and sub-paragraph
               (ii) apply-on the day on which-

                (A)  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; or

                (B)  the Board notifies the officer of its refusal to grant
                     the officer permission to decline the promotion,

whichever is the later.

''(2) Where an officer is promoted under section 50DA, the following
provisions have effect:

   (a)  if the officer does not apply under section 52 for permission to
        decline the promotion or the officer applies for such permission but
        the Board notifies the officer, not later than the prescribed day in
        respect of the promotion, of its refusal to grant such permission-the
        promotion takes effect on the prescribed day in respect of the
        promotion;

   (b)  if the officer applies under section 52 for permission to decline the
        promotion and the Board notifies the officer, on a day that is later
        than the prescribed day in respect of the promotion, of its refusal to
        grant such permission-on the day on which the Board notifies the
        officer of its refusal to grant the officer permission to decline the
        promotion.'';

(b) by inserting in sub-section (4) ''or 50DA'' after ''section 50'';

   (c)  by omitting from sub-section (6) ''Notwithstanding'' and substituting
        ''Subject to sub-section (7) but notwithstanding'';

   (d)  by omitting from sub-section (6) ''or 50D'' and substituting '', 50D
        or 50DA''; and

   (e)  by adding at the end thereof the following sub-section:

''(7) Where an officer is promoted to more than one office of equal
classification and but for this sub-section the promotions would, in
accordance with the preceding provisions of this section, take effect on the
same day, the promotions do not take effect until the day on which the officer
makes an election under section 50EA to accept one of the promotions and to
decline the other promotion or promotions, as the case may be.''.