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1981 No. 35 PUBLIC SERVICE REGULATIONS (AMENDMENTS) - REG 19
19. The Public Service Regulations are amended by adding at the end thereof
the following Part and Schedules: "PART XI-OFFICERS HOLDING PUBLIC OFFICES OR
EMPLOYED BY PUBLIC
AUTHORITIES Bodies corporate declared to be Commonwealth authorities for the
purposes of Part IV of the Act
"169. For the purposes of paragraph (b) of the definition of 'Commonwealth
authority' in sub-section 87 (1) of the Act, each body corporate specified in
Column 2 of Schedule 1 in an item in that Schedule is declared to be a
Commonwealth authority for the purposes of Part IV of the Act. Offices and
appointments declared to be Commonwealth offices for the purposes of Part IV
of the Act
"170. For the purposes of paragraph (b) of the definition of 'Commonwealth
office' in sub-section 87 (1) of the Act, each office or appointment specified
in Column 2 of Schedule 2 in an item in that Schedule is declared to be a
Commonwealth office for the purposes of Part IV of the Act. Offices and
appointments declared not to be Commonwealth offices for the purposes of Part
IV of the Act
"171. For the purposes of paragraph (n) of the definition of 'Commonwealth
office' in sub-section 87 (1) of the Act, each office or appointment specified
in Column 2 of Schedule 3 in an item in that Schedule is declared not to be a
Commonwealth office for the purposes of Part IV of the Act. Employment that is
employment by a Commonwealth authority
"172. The offices and appointments specified in Schedule 4 are prescribed for
the purposes of paragraph 87 (2) (m) of the Act. Right to re-enter service by
way of transfer or promotion
"173. For the purposes of sub-section 87M (1) of the Act, section 50 of the
Act in its application in relation to a person to whom Division 3 of Part IV
of the Act applies is modified to the extent that sub-section (2) of that
section shall have no application in relation to that person. Conditions and
procedures on transfer or promotion
"174. Regulations 107 to 109B (inclusive), 109CA to 110 (inclusive) and 112
apply in relation to a person to whom Division 3 of Part IV of the Act applies
as if that person-
(a) were an officer;
(b) were the holder of an office in the Division in which he was included
immediately before he ceased, or last ceased, to be an officer, being
an office-
(i) subject to sub-paragraph (ii)-the classification of which is
equivalent, or is as nearly as possible equivalent, to the
classification of the office held by him immediately before he
ceased, or last ceased, to be an officer; or
(ii) if he was an unattached officer immediately before he ceased,
or last ceased, to be an officer-having such classification as
the Board considers appropriate having regard to the
designation and salary, or limits of salary, applicable to him
immediately before he ceased, or last ceased, to be an officer;
and
(c) had the same seniority as he had immediately before he ceased, or last
ceased, to be an officer. Payment of travelling or motor vehicle
allowance
"175. Regulations 75 to 78 (inclusive), 80A and 90A apply in relation to a
person to whom Division 3 of Part IV of the Act applies, for the purposes of
that person exercising a right under section 50, 50A, 53 or 53A of the Act by
virtue of sub-section 87M (1) of the Act, as if that person-
(a) were an officer; and
(b) were the holder of an office in the Division in which he was included
immediately before he ceased, or last ceased, to be an officer, being
an office-
(i) subject to sub-paragraph (ii)-the classification of which is
equivalent, or is as nearly as possible equivalent, to the
classification of the office held by him immediately before he
ceased, or last ceased, to be an officer; or
(ii) if he was an unattached officer immediately before he ceased,
or last ceased, to be an officer-having such classification as
the Board considers appropriate having regard to the
designation and salary, or limits of salary, applicable to him
immediately before he ceased, or last ceased, to be an officer.
Payment of allowances to persons promoted or transferred
"176. Regulations 75 to 78 (inclusive), 80A, 90A, 97, 97D, 119 and 120 apply,
in relation to a person to whom Division 3 of Part IV of the Act applies and
who has been transferred or promoted to an office in the Service in accordance
with section 50, 50A, 53 or 53A of the Act by virtue of sub-section 87M (1) of
the Act, between the time of the transfer or promotion and the commencement by
him to perform the duties of that office, for the purposes of that person
taking up the office to which he has been promoted or transferred, as if that
person-
(a) were an officer; and
(b) were the holder of an office in the Division in which he was included
immediately before he ceased, or last ceased, to be an officer, being
an office-
(i) subject to sub-paragraph (ii)-the classification of which is
equivalent, or is as nearly as possible equivalent, to the
classification of the office held by him immediately before he
ceased, or last ceased, to be an officer; or
(ii) if he was an unattached officer immediately before he ceased,
or last ceased, to be an officer-having such classification as
the Board considers appropriate having regard to the
designation and salary, or limits of salary, applicable to him
immediately before he ceased, or last ceased, to be an officer.
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