Commonwealth Numbered Acts

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PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 96

Office to become vacant in certain circumstances

96. (1) Section 87G of the Principal Act is amended-

   (a)  by omitting paragraph (1) (b) and substituting the following
        paragraph:

''(b) is promoted or transferred to an office in the Service, but does not
commence to perform the duties of that office within the period of 30 days
after the promotion or transfer takes effect,'';

   (b)  by omitting sub-section (2) and substituting the following
        sub-section:

''(2) Where an officer to whom this Division applies is promoted or
transferred to an office in the Service, the Board may, on application made by
the officer before the expiration of the period of 30 days after the promotion
or transfer takes effect, determine that sub-section (1) shall have effect in
relation to the promotion or transfer as if the reference in that sub-section
to a period of 30 days were a reference to such longer period as is specified
in the determination.''; and

   (c)  by omitting sub-section (4) and substituting the following
        sub-section:

''(4) Where an officer to whom this Division applies is promoted or
transferred to an office in the Service and, at the time when the promotion or
transfer takes effect, the officer is absent from his eligible public
employment for a period of leave of absence granted before that time, the
reference in sub-section (1) to the period of 30 days after the promotion or
transfer takes effect shall be read as a reference to the period of 30 days
after the expiration of the first-mentioned period.''.

(2) Section 87G of the Principal Act is amended-

(a) by inserting in paragraph (1) (b) ''or transfer'' after ''promotion''
(wherever occurring);

   (b)  by omitting from paragraph (1) (b) '', or the officer is transferred
        to such an office under section 50, 53, 63F or 63G,'';

   (c)  by omitting from paragraph (1) (b) ''or notice of the transfer is
        published in the Gazette'';

(d) by inserting in sub-section (2) ''or transfer'' after ''promotion'' (first
and second occurring);

   (e)  by omitting from sub-section (2) ''or the officer is transferred under
        section 50, 53, 63F or 63G'';

   (f)  by omitting from sub-section (2) ''or notice of the transfer is
        published in the Gazette''; and

   (g)  by omitting sub-section (4) and substituting the following
        sub-section-

''(4) Where-

   (a)  an officer to whom this Division applies is promoted or transferred to
        an office in the Service; and

   (b)  at the time when the promotion or transfer takes effect, the officer
        is absent from his eligible public employment for a period on leave of
        absence granted before that time,

the reference in sub-section (1) to the period of 30 days after the day on
which the promotion or transfer takes effect shall be read as a reference to
the period of 30 days after the expiration of the first-mentioned period.''. 


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