18. Section 28 of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-section:

“(1a) The Board may, in writing—

(a) declare a classification to be a Senior Executive Service classification; or

(b) declare all classifications included in a specified class of classifications to be Senior Executive Service classifications.”; and

(b) by omitting from sub-section (4) “An” and substituting “subject to sub-section 76f (1a), an”.

19. After Division 2a of Part III of the Principal Act the following Division is inserted:

“ Division 2b —Part-time Offices

Part-time offices

“29b. (1) An office in a Department (other than an office of Secretary) may be declared by the relevant Secretary, in writing, to be a part-time office.

“(2) Where—

(a) a declaration is made under sub-section (1) in relation to an office; or

(b) a declaration under sub-section (1) in relation to an office is revoked, the office becomes vacant and the officer who held the office immediately before the declaration was made or revoked, as the case may be, becomes an unattached officer.

“(3) Where—

(a) an office (in this sub-section referred to as the ‘former office’) is a part-time office; and

(b) another office (in this sub-section referred to as the ‘substituted office’) is created in another Department and is declared, under sub-section 29 (1) or (2), to be in substitution for the former office,

the declaration made under sub-section (1) in respect of the former office has effect, after the creation of the substituted office, as if it had been made in relation to the substituted office by the Secretary of the Department referred to in paragraph (b).

“(4) The Board, after consultations with the organizations that are relevant staff organizations in relation to offices in Departments, may, by notice published in the Gazette, notify procedures to be followed in relation to the operation of the provisions of this Act in relation to part-time employment.

Hours of attendance of part-time officers

“29c. (1) A declaration under sub-section 29b (1) in relation to an office shall specify, subject to sub-section (2), the hours of attendance that are to be applicable to the officer who occupies the office.

“(2) A declaration under sub-section 29b (1) in relation to an office shall not specify hours of attendance that are—

(a) greater than the hours of attendance prescribed by the regulations, for the purpose of this paragraph, in relation to that office or in relation to a class of offices in which that office is included; or

(b) less than the hours of attendance prescribed by the regulations, for the purpose of this paragraph, in relation to that office or in relation to a class of offices in which that office is included.

“(3) Regulations made for the purpose of paragraph (2) (a) shall not prescribe hours of attendance in relation to an office, or offices included in a class of offices, that are greater than the hours of attendance that would be

applicable to the office, or those offices, if a declaration, or declarations, under sub-(1) were not made in relation to the office, or those offices.section 29b

“(4) The hours of attendance applicable to an officer who holds an office in relation to which there is in force a declaration under sub-section 29b (1) shall, notwithstanding anything in—

(a) the regulations or in a determination under sub-section 9 (7a) or section 82d; or

(b) an industrial award made before the commencement of this section, be the hours of attendance specified in the declaration.

“(5) A declaration under sub-section 29b (1) in relation to an office shall not be varied or amended without the consent of the officer holding the office.

Hours of attendance of certain unattached officers

“29d. (1) Subject to sub-section (5), where an officer—

(a) becomes an unattached officer (whether by virtue of sub- (2) or otherwise); andsection 29b

(b) immediately before becoming an unattached officer, held a part-time office,

the hours of attendance applicable to the unattached officer shall, until he ceases to be an unattached officer, be the hours of attendance applicable to the officer immediately before he became an unattached officer.

“(2) Subject to sub-section (5), where—

(a) a person who had previously ceased to be an officer is re-appointed to the Service as an unattached officer in pursuance of section 63f, 63g, 87q or 87r; and

(b) the person, immediately before he ceased, or last ceased, to be an officer—

(i) held a part-time office; or

(ii) was an unattached officer to whom sub-section (1) of this section applied,

the hours of attendance applicable to the person shall, until he ceases to be an unattached officer, be the hours of attendance applicable to him immediately before he ceased, or last ceased, to be an officer.

“(3) Subject to sub-section (5), where—

(a) a person is appointed under section 40, or re-appointed under section 47b or 47c, to the Service as an unattached officer; and

(b) the Board is satisfied that the person will, when he ceases to be an unattached officer, be appointed to a part-time office,

the Board may declare, in writing, that the hours of attendance that are applicable to the officer shall, until he ceases to be an unattached officer, be those specified in the declaration.

“(4) The hours of attendance applicable to an officer in relation to whom there is in force a declaration under sub-section (3) shall, notwithstanding anything in—

(a) the regulations or a determination under sub-section 9 (7a) or section 82d; or

(b) an industrial award made before the commencement of this section,

be the hours of attendance specified in the declaration.

“(5) Where the hours of attendance applicable to a person are ascertained in accordance with sub-section (1), (2), (3) or a previous application of this sub-section, the relevant Secretary may, with the consent of the person, determine, in writing, that the hours of attendance applicable to the person are those specified in the determination and, where such a determination is made, the hours of attendance that are applicable to the person shall, until he ceases to be an unattached officer, be those specified in the determination.

“(6) Sub-section 29c (2) applies in relation to a determination under sub-section (5) in like manner as it applies in relation to a declaration under sub-section 29b (1).

“(7) Sub-sections (1), (2) and (5) have effect notwithstanding anything in an industrial award made before the commencement of this section.

20. Section 30 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(5) The reference in sub-section (2) to a determination in force under (4) (a) (xii), (xiii) or (xiv).”.section 82d does not include a reference to a determination under section 82d that makes provision for or in relation to a matter referred to in sub-paragraph 82d

21. Before section 33 of the Principal Act the following section is inserted in Subdivision A of Division 4 of Part III:

Interpretation

“33aaa. (1) In this Division, unless the contrary intention appears—

‘Committee’ means a Promotion Appeal Committee;

‘prescribed day’ means—

(a) in relation to a promotion of an officer under section 49b, 50 or 50da—the later of—

(i) a day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the promotion is notified in the Gazette; and

(ii) the day on which the office to which the officer is promoted becomes vacant; and

(b) in relation to a transfer of an officer under —the later of—section 49, 50 or 50da

(i) a day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the officer is given notice of the transfer under sub-section 49 (4), 50 (5a) or 50da (8), as the case requires; and

(ii) the day on which the office to which the officer is transferred becomes vacant;

‘promotion’, in relation to an officer, means a movement of the officer within the Service for the purpose of his holding an office in respect of which a rate of salary is payable, or a maximum rate of salary is applicable, that is higher than the rate of salary that was payable, or the maximum rate of salary that was applicable, as the case may be, in respect of the office held by him, or, in the case of an unattached officer, to or in respect of him, immediately before the movement took place;

‘Promotion Appeal Committee’ means a Promotion Appeal Committee established under section 50c.

“(2) In this Division, unless the contrary intention appears, a reference to a vacant office includes a reference to an office that is expected to become vacant and a reference to a vacancy includes a reference to a vacancy that is expected to occur.

“(3) In this Division, a reference to the determination of an appeal against the promotion of an officer is a reference to the allowing or disallowing of the appeal under section 50d.

“(4) For the purposes of this Division, an appeal shall be taken to become inoperative if—

(a) the appeal is withdrawn;

(b) the appeal lapses by virtue of section 50f or 50g;

(c) the appellant or the officer against whose promotion the appeal was made ceases to be an officer, otherwise than by virtue of his becoming a person to whom Division 3 of Part IV applies;

(d) the appellant or the officer against whose promotion the appeal was made ceases, by reason of his promotion to another office having taken effect or for any other reason, to be eligible for promotion to the office concerned;

(e) the officer against whose promotion the appeal was made is granted permission by the Board under section 52 to decline the promotion; or

(f) the promotion against which the appeal was made ceases to have effect under sub-section 50e (7) or section 50ea.

“(5) For the purposes of this Division, the parties to particular appeal proceedings are the officer promoted under section 50 and the appellant or appellants.”.

22. Section 33aaa of the Principal Act is amended by omitting “section 50c” from the definition of “Promotion Appeal Committee” in sub-section (1) and substituting “Subdivision B of Division 2 of Part II of the Merit Protection (Australian Government Employees) Act 1984”.

24. Section 33a of the Principal Act is amended by inserting in paragraph (1) (e) “(other than Senior Executive Service offices)” after “offices”.

25. After section 33a of the Principal Act the following section is inserted:

Notification of vacancies in Senior Executive Service offices

“33aa. (1) Where a vacancy exists, or is expected to occur within the period prescribed by the regulations for the purposes of this sub-section, in a Senior Executive Service office in a Department, the relevant Secretary shall give notice in writing to the Board of the vacancy or expected vacancy.

“(2) Where the relevant Secretary proposes that a vacancy in a Senior Executive Service office be filled, within the period prescribed by the regulations for the purposes of this sub-section, otherwise than by the exercise of a power under section 49 to transfer an officer to the office, the relevant Secretary shall—

(a) cause notification of the vacancy to be published in the Gazette; and

(b) take such other action (if any) as the Secretary thinks necessary to advertise the vacancy.

“(3) Sub-sections (1) and (2) do not apply to a vacancy in a Senior Executive Service office in a case where the Board directs that the vacancy is to be filled by the re-appointment of a person in accordance with section 47c.

“(4) Where a vacancy in a Senior Executive Service office is notified in the Gazette in pursuance of sub-section (2)—

(a) any person (not being an officer) who is eligible for appointment to the Service may apply for appointment to the office; and

(b) any officer may apply for promotion or transfer to the office.”.

26. Section 34 of the Principal Act is amended—

(a) by omitting from sub-section (1) “A person” and substituting “Subject to this section, a person”;

(b) by omitting from paragraph (1) (a) “a British subject” and substituting “an Australian citizen”; and

(c) by adding at the end thereof the following sub-sections:

“(4) Where, in the opinion of an appointing authority, it is desirable to do so for the more efficient operation of the Service or it is otherwise in the public interest to do so, the authority may, in writing, waive, for a specified period or otherwise, the requirement for appointment referred to in paragraph (1) (a) in relation to—

(a) the appointment of a specified person—

(i) to any office in respect of which that authority has the power of appointment; or

(ii) as an unattached officer of the Service; or

(b) the appointment of any person—

(i) to a specified office, or an office included in a specified class of offices, in respect of which that authority has the power of appointment; or

(ii) as a specified unattached officer or an unattached officer included in a specified class of unattached officers.

“(5) Notwithstanding sub-section (4), a waiver by the Board under that sub-section is not effective unless and until the Prime Minister has, in writing, approved the waiver.

“(6) In this section, unless the contrary intention appears—

‘appoint’ does not include re-appoint;

‘appointing authority’ means any person who is empowered by this Act to appoint a person to the Service, and includes the Board.”.

27. Sections 35 to 46 (inclusive) of the Principal Act are repealed and the following Subdivision, Subdivision heading and sections are substituted:

“ Subdivision B — Appointment of Secretaries of Departments

Interpretation

“35. In this Subdivision, unless the contrary intention appears—

‘appointment’ includes re-appointment;

‘Chairman’ means Chairman of the Board and includes a person acting as the Chairman of the Board;

‘office of Secretary’ means an office referred to in paragraph (a) of the definition of ‘office of Secretary’ in sub-section 7 (1), but does not include an office to or in relation to which section 9 applies.

Appointment of Secretaries of Departments

“36. (1) The Governor-General may, by instrument signed by him, appoint a person to an office of Secretary.

“(2) The power of the Governor-General to appoint a person to an office under sub-section (1) shall be exercised only in accordance with advice that is consistent with a recommendation by the Prime Minister.

“(3) The Prime Minister shall not recommend, for the purpose of sub-section (2), that a person be appointed under sub-section (1) to an office of Secretary unless he has received a report in writing from the Chairman in relation to the filling of the vacancy or expected vacancy in the office.

“(4) The Chairman shall, before preparing a report for the purposes of sub-section (3) in relation to the filling of a vacancy or expected vacancy in an office of Secretary of a Department, consult with the Minister administering that Department in relation to that matter.

“(5) The appointment of a person to an office of Secretary is not invalidated, and shall not be called in question, by reason of a defect or irregularity in or in connection with his appointment.

Fixed-term appointments

“37. (1) Where a person who is not an officer is appointed to an office of Secretary, the instrument of appointment may provide that the person is appointed to the Service to hold office as Secretary for such period (not exceeding 5 years and not extending beyond the day on which the person will attain the age of 65 years) as is specified in the instrument of appointment and, where the instrument of appointment so provides, the appointment is a fixed-term appointment for the purposes of this section.

“(2) Where a person who holds an office of Secretary under a fixed-term appointment (in this sub-section referred to as the ‘first appointment’) is appointed (otherwise than under sub-section (8)) to another office of Secretary, the instrument of appointment to that other office may provide that the person is appointed to hold office as Secretary for such period (not exceeding 5 years, not extending beyond the day on which the person will attain the age of 65 years and not expiring before the expiration of the period for which the first appointment was made) as is specified in the instrument of appointment to that other office and, where the instrument of appointment so provides—

(a) the appointment to that other office is a fixed-term appointment for the purposes of this section;

(b) the first appointment terminates upon the making of the appointment to that other office;

(c) sub-section (6) ceases to apply to the person in relation to the first appointment; and

(d) the person ceases to be entitled to benefits under any determination made under sub-section (4) in relation to the first appointment.

“(3) Where a person who—

(a) held an office of Secretary under a fixed-term appointment (in this sub-section referred to as the ‘first appointment’); and

(b) has become an unattached Secretary under sub-section (5),

is appointed to an office (in this sub-section referred to as the ‘second office’) of Secretary, the instrument of appointment to the second office may provide that the person is appointed to hold office as Secretary for such period (not exceeding 5 years, not extending beyond the day on which the person will attain the age of 65 years and not expiring before the expiration of the period for which the first appointment was made) as is specified in the instrument of appointment to the second office and, where the instrument of appointment so provides—

(c) the appointment to the second office is a fixed-term appointment for the purposes of this section;

(d) sub-section (6) ceases to apply to the person in relation to the first appointment; and

(e) the person ceases to be entitled to benefits under any determination made under sub-section (4) in relation to the first appointment.

“(4) The Governor-General, in accordance with advice that is consistent with a recommendation by the Board, may, at the time when a person is given a fixed-term appointment to an office of Secretary, determine in writing that, subject to the conditions (if any) specified in the determination, if the person is retired from the Service under sub-section (6) before the expiration of the period for which the appointment is made, the person shall be entitled to such compensation as is specified in, or ascertained in accordance with, the determination.

“(5) Where a person holds an office of Secretary under a fixed-term appointment, the appointment of the person to that office terminates and the person becomes an unattached Secretary if—

(a) the office is abolished; or

(b) the Governor-General directs, in writing, that the appointment of the person to that office is terminated,

and, immediately after the event referred to in paragraph (a) or (b) occurs, the person does not hold another office of Secretary.

“(6) Subject to paragraphs (2) (c) and (3) (d), where a person is a Secretary by virtue of a fixed-term appointment, the appointment of the person to the Service terminates and the person is deemed to be retired from the Service if—

(a) the period for which the appointment was made expires; or

(b) the Governor-General, before the expiration of the period for which the appointment was made, directs, in writing, that the appointment of the person to the Service is terminated on a day specified in the instrument of direction, being a day not earlier than the day on which the direction is given.

“(7) The Governor-General shall not direct under sub-section (6) that the appointment of a person to the Service be terminated by reason only of the fact that the person has done, or omitted to do, an act or thing in respect of which a charge could be laid against the person under Division 6, or on the ground that a court has convicted the person of a criminal offence within the meaning of that Division or found, without recording a conviction, that he has committed such an offence.

“(8) Where a person holds an office (in this sub-section referred to as the ‘first office’) of Secretary under a fixed-term appointment, the Governor-General may, in writing, appoint the person to hold, in addition to the first office, another office (in this sub-section referred to as the ‘second office’) of Secretary for such period (not expiring after the day on which the period for which the appointment to the first office was made expires) as is specified in the instrument of appointment to the second office and, where an appointment is made under this sub-section, the appointment to the second office—

(a) is a fixed-term appointment for the purposes of this section;

(b) terminates, subject to sub-section (5), upon the expiration of the period for which the appointment to the second office is made; and

(c) shall not terminate by reason only of the termination of the appointment to the first office.

“(9) If a person who holds an office of Secretary under a fixed-term appointment is appointed under sub-section (8) to another office of Secretary, the person shall be paid remuneration (whether by way of salary, annual allowance or otherwise) in respect of his holding only one of those offices.

“(10) Where sub-section (9) applies in relation to a person in respect of 2 offices and the remuneration payable in respect of one of those offices is higher than the remuneration payable in respect of the other office, the person shall be paid remuneration in respect of his holding the office in respect of which that higher remuneration is payable.

“(11) A power of the Governor-General under this section (other than sub-section (4)) shall be exercised only in accordance with advice that is consistent with a recommendation by the Prime Minister.

“(12) The Prime Minister shall not recommend, for the purposes of sub-section (11), the taking of an action under this section unless he has received a report in writing from the Chairman in relation to the taking of the action.

“(13) A person who is retired from the Service under sub-section (6) is eligible for re-appointment to the Service (whether by way of fixed-term appointment or otherwise).

“(14) Where a person who is a Secretary by virtue of a fixed-term appointment is appointed, otherwise than by way of fixed term appointment, to an office of Secretary—

(a) the fixed-term appointment terminates; and

(b) the person ceases to be entitled to benefits under any determination made under sub-section (4) in relation to the fixed-term appointment.

“(15) Division 8a does not apply to or in relation to a person who is a Secretary by virtue of a fixed-term appointment.

Superannuation benefits for fixed-term Secretaries of Departments

“38. (1) In this section—

‘pensioner’ means—

(a) a person to whom an invalidity pension within the meaning of the Superannuation Act 1976 is payable; or

(b) a person to whom a pension under the Superannuation Act 1922 is payable, being a person who was retired on the ground of invalidity or of physical or mental incapacity to perform the person’s duties;

‘relevant person’ means a person other than—

(a) an eligible employee within the meaning of the Superannuation Act 1976; or

(b) a pensioner.

“(2) For the purposes of the Superannuation Act 1976, a person who holds a fixed-term appointment, within the meaning of section 37, to an office of Secretary and was a relevant person immediately before being given the appointment is not, by reason only of his holding that appointment, an eligible employee within the meaning of that Act.

“(3) The Governor-General, in accordance with advice that is consistent with a recommendation by the Minister for Finance, may, at the time when a relevant person is given a fixed-term appointment, within the meaning of section 37, to an office of Secretary, make a determination in writing in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

“(4) Without limiting the generality of sub-section (3), a determination under that sub-section in relation to a relevant person may provide that the Superannuation Act 1976 applies in relation to the person as if the person were a temporary employee, within the meaning of that Act, employed under a contract for a term of not less than 1 year and, where a determination so provides, the Superannuation Act 1976 applies in relation to the person in accordance with the determination.

“(5) Notwithstanding anything in the Superannuation Act 1976 or any other Act, the Superannuation Act 1976—

(a) does not apply in relation to a person who holds a fixed-term appointment, within the meaning of section 37, to an office of Secretary and was a relevant person immediately before being given the appointment unless the application of that Act is expressly provided for, in accordance with sub-section (4), in a determination under sub-section (3) in relation to the person; and

(b) does not apply in relation to the person except as provided by sub-section (4).

Acting appointments of Secretaries of Departments

“39. (1) The Governor-General may, by instrument signed by him, appoint an officer or employee to act in an office of Secretary—

(a) during a vacancy in the office, whether or not an appointment has previously been made to the office;

(b) during a period (if any) when the holder of the office is suspended from duty under section 57 or 59; or

(c) during a period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office.

“(2) An appointment under this section by reason of a vacancy in an office shall not be made, or continue to have effect, after the expiration of a period of 12 months from the date of the occurrence of the vacancy.

“(3) An appointment of an officer or employee under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

“(4) The Governor-General may, at any time, by instrument signed by him, terminate an appointment under sub-section (1).

“(5) Where an officer or employee is acting in an office in accordance with paragraph (1) (b) or (c) and that office becomes vacant while that officer or employee is so acting, then, subject to sub-section (3), that officer or employee may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 6 months from the date on which the vacancy occurred expires, whichever first happens.

“(6) While an officer or employee is acting in an office in accordance with sub-section (1), he has and may exercise all the powers, and shall perform all the functions, of the holder of that office under this Act or any other law.

“(7) The validity of anything done by or in relation to an officer or employee purporting to act under sub-section (1) shall not be called in question on the ground that—

(a) the occasion for his appointment had not arisen;

(b) there is a defect or irregularity in or in connection with his appointment;

(c) the appointment had ceased to have effect; or

(d) the occasion for him to act had not arisen or had ceased.

“(8) In this section, ‘office of Secretary’ includes an office referred to in paragraph (a) of the definition of ‘office of Secretary’ in sub-section 7 (1) that is an office to or in relation to which section 9 applies.

Dual appointment of Secretaries of Departments

“40. (1) Where a person who holds an office of Secretary is appointed to hold another office of Secretary, the person shall, unless the instrument of appointment to the second-mentioned office otherwise provides, cease to hold the first-mentioned office upon being so appointed.

“(2) Sub-section (1) does not apply in relation to a person who holds an appointment to an office of Secretary that is a fixed-term appointment within the meaning of section 37.

“(3) A person who at any time holds an office of Secretary may be appointed to act in another office of Secretary and shall not, by reason only of being so appointed, cease to hold the first-mentioned office.

“(4) Where a person who holds an appointment to act in an office of Secretary is appointed to act in another office of Secretary, the person shall, unless the instrument of appointment to act in the second-mentioned office otherwise provides, cease to hold the first-mentioned appointment upon being so appointed.

“(5) If a person who holds, or holds an appointment to act in, an office of Secretary is appointed under sub-section (1), (3) or (4) to hold, or to act in, another office of Secretary and does not cease to hold, or to hold the appointment to act in, the first-mentioned office, he shall be paid remuneration, whether by way of salary, annual allowance or otherwise, in respect of his holding, or holding the appointment to act in, only one of those offices.

“(6) Where sub-section (5) applies in relation to a person in respect of 2 or more offices and the remuneration payable in respect of one or more of those offices is higher than the remuneration payable in respect of the other office or other offices, the person shall be paid remuneration in respect of his holding, or holding an appointment to act in, the office or one of the offices in respect of which that higher remuneration is payable.

“(7) This section has effect notwithstanding anything contained in any other section of this Act or in the Remuneration Tribunals Act 1973.

“(8) Nothing in this section shall be construed as excluding the application of sub-Acts Interpretation Act 1901 in relation to any provision of this section.section 19b (3) of the

Certain provisions not to apply to appointments under this Subdivision

“41. Sections 18, 33 and 34 do not apply in relation to an appointment (including an appointment to act in an office) under this Subdivision.

“ Subdivision C—Appointment of officers other than Secretaries of Departments

Appointment of officers other than Secretaries of Departments

“42. (1) Subject to this Part, the Board may appoint a person to a particular office in the Service (not being an office of Secretary) or as an unattached officer in the Service.

“(2) An unattached officer appointed under sub-section (1) shall have such classification as the Board determines to be appropriate to his duties.

“(3) A person shall not be appointed as an unattached officer unless he is qualified for appointment to an office having a classification corresponding to his classification as an unattached officer.

Special appointments

“43. (1) Subject to this section, if in a special case it appears to the Board to be desirable in the public interest to do so, the Board may, under this section, appoint to an office in the Service (other than an office of Secretary) a person who is not ineligible for appointment by reason of (1).section 34 but does not have the academic or other qualifications required for appointment to the office by virtue of a notification under sub-section 33a

“(2) An appointment of a person under this section to an office shall not be made unless the Board certifies, after obtaining a report from the Secretary of the Department concerned, that it is satisfied that there is no officer available in the Service who is as capable as that person of filling the office.

“(3) Where the Board makes an appointment under this section, it shall cause a statement containing particulars of the appointment, together with a copy of the report and certificate referred to in sub-section (2), to be laid before each House of the Parliament within 15 sitting days of that House after the making of the appointment.”.

28. After section 43 of the Principal Act the following sections are inserted:

Fixed-term appointments to Senior Executive Service

“44. (1) Where a person is appointed under section 42 as a Senior Executive Service officer, the Board may determine, in writing, that the person is appointed to the Service to hold office as a Senior Executive Service officer for such period (not exceeding 5 years and not extending beyond the date on which the person will attain the age of 65 years) as is specified in the determination and, where such a determination is made in relation to an appointment, the appointment is a fixed-term appointment for the purpose of this section.

“(2) The Board may, at the time when a person is given a fixed-term appointment as a Senior Executive Service officer, determine, in writing, that, subject to the conditions (if any) specified in the determination, if the person is retired from the Service under sub-section (3) before the expiration of the period for which the appointment is made, the person shall be entitled to such compensation as is specified in, or ascertained in accordance with, the determination.

“(3) Where a person is a Senior Executive Service officer by virtue of a fixed-term appointment, the appointment of the person to the Service terminates and the person is deemed to be retired from the Service if—

(a) the period for which the appointment was made expires; or

(b) the Board, before the expiration of the period for which the appointment was made, directs, in writing, that the appointment of the person to the Service is terminated on a day specified in the instrument of direction, being a day not earlier than the day on which the direction is given.

“(4) The Board shall not direct under sub-section (3) that the appointment of a person to the Service be terminated by reason only of the fact that the person has done, or omitted to do, an act or thing in respect of which a charge could be laid against the person under Division 6, or on the ground that a court has convicted the person of a criminal offence within the meaning of that Division or found, without recording a conviction, that the person has committed such an offence.

“(5) A person who is retired from the Service under sub-section (3) is eligible for re-appointment to the Service (whether by way of fixed-term appointment or otherwise).

“(6) Division 8b does not apply to or in relation to a person who is a Senior Executive Service officer by virtue of a fixed-term appointment.

Superannuation benefits for fixed-term Senior Executive Service officers

“45. (1) In this section—

‘pensioner’ means—

(a) a person to whom an invalidity pension within the meaning of the Superannuation Act 1976 is payable; or

(b) a person to whom a pension under the Superannuation Act 1922 is payable, being a person who was retired on the ground of invalidity or of physical or mental incapacity to perform the person’s duties;

‘relevant person’ means a person other than—

(a) an eligible employee within the meaning of the Superannuation Act 1976; or

(b) a pensioner.

“(2) For the purposes of the Superannuation Act 1976, a person who is a Senior Executive Service officer by virtue of a fixed-term appointment, within

the meaning of section 44, and was a relevant person immediately before being given the appointment is not, by reason only of his holding that appointment, an eligible employee within the meaning of that Act.

“(3) The Board may, at the time when a relevant person is given a fixed-term appointment, within the meaning of section 44, as a Senior Executive Service officer, make a determination in writing in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

“(4) Without limiting the generality of sub-section (3), a determination under that sub-section in relation to a relevant person may provide that the Superannuation Act 1976 applies in relation to the person as if the person were a temporary employee, within the meaning of that Act, employed under a contract for a term of not less than 1 year and, where a determination so provides, the Superannuation Act 1976 applies in relation to the person in accordance with the determination.

“(5) Notwithstanding anything in the Superannuation Act 1976 or any other Act, the Superannuation Act 1976—

(a) does not apply in relation to a person who is a Senior Executive Service officer by virtue of a fixed-term appointment, within the meaning of section 44, and was a relevant person immediately before being given the appointment unless the application of that Act is expressly provided for, in accordance with sub-section (4), in a determination under sub-section (3) in relation to the person; and

(b) does not apply in relation to the person except as provided by sub-section (4).

“(6) The Board is not empowered to make a determination for the purposes of sub-section (3) except in accordance with arrangements approved by the Minister for Finance.”.

Appointments to be on probation

30. Section 48a of the Principal Act is repealed.

31. After Division 4 of Part III of the Principal Act the following Division is inserted:

“ Division 4a —Transfers and promotions of Senior Executive Service officers

Interpretation

“48b. (1) In this Division, unless the contrary intention appears—

‘prescribed day’ means—

(a) in relation to a promotion of an officer under section 49b—the latter of—

(i) a day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the promotion is notified in the Gazette; and

(ii) the day on which the office to which the officer is promoted becomes vacant; and

(b) in relation to a transfer of an officer under section 49—the latter of—

(i) the day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the officer is given notice of the transfer under sub-section 49 (4); and

(ii) the day on which the office to which the officer is transferred becomes vacant;

‘promotion’, in relation to an officer, means a movement of the officer within the Service for the purpose of his holding an office in respect of which a rate of salary is payable, or a maximum rate of salary is applicable, that is higher than the rate of salary that was payable, or the maximum rate of salary that was applicable, as the case may be, in respect of the office held by him, or, in the case of an unattached officer, to or in respect of him, immediately before the movement took place.

“(2) In this Division, unless the contrary intention appears, a reference to a vacant office includes a reference to an office that is expected to become vacant and a reference to a vacancy includes a reference to a vacancy that is expected to occur.

Transfers of Senior Executive Service officers

“49. (1) For the purposes of sub-section 26aa (2), a Senior Executive Service officer in a Department may—

(a) be transferred by the relevant Secretary to any vacant Senior Executive Service office in the Department; and

(b) be transferred by the Board to any vacant Senior Executive Service office in another Department.

“(2) Where it is proposed that an officer be transferred under sub-section (1), the relevant Secretary or the Board, as the case requires, shall have regard to—

(a) the effect that the proposed transfer would have on—

(i) the efficiency of the Service; and

(ii) the career development of the officer; and

(b) the views of the officer in relation to the proposed transfer.

“(3) The Board shall not transfer an officer in a Department under sub-section (1) to an office in another Department unless the Board has consulted with each of the relevant Secretaries in relation to the proposed transfer.

“(4) An officer who is transferred under sub-section (1) shall be given notice in writing of the transfer.

“(5) Where 2 or more officers hold Senior Exective Service offices and it is proposed to transfer each of those officers to the office held by the other or to an office held by another of those officers, the relevant Secretary or the Board, as the case requires, may, in writing, declare the offices to be offices to which this sub-section applies and, upon the making of such a declaration, each office to which the declaration relates shall, for the purposes of sub-section (1) in giving effect to the proposed transfers, be deemed to be vacant.

Duties to be performed by Senior Executive Service officers

“49a. (1) For the purposes of sub-section 26aa (2), a Senior Executive Service officer of a particular classification in a Department may—

(a) be directed by the relevant Secretary—

(i) to perform the duties of any Senior Executive Service office of the same or equal classification in the Department; or

(ii) to perform specified duties in the Department, being duties that would be appropriate for a Senior Executive Service office of the same or equal classification; and

(b) be directed by the Board—

(i) to perform the duties of any Senior Executive Service office of the same or equal classification in another Department; or

(ii) to perform specified duties in another Department, being duties that would be appropriate for a Senior Executive Service office of the same or equal classification.

“(2) Where it is proposed to give a direction to an officer under sub-section (1), the relevant Secretary or the Board, as the case requires, shall have regard to—

(a) the effect that the proposed direction would have on—

(i) the efficiency of the Service; and

(ii) the career development of the officer; and

(b) the views of the officer in relation to the proposed direction.

“(3) Where a Senior Executive Service officer in a Department is directed by the Board under sub-section (1) to perform the duties of an office in another Department or to perform specified duties in another Department—

(a) the Secretary of the first-mentioned Department ceases to have power to give a direction to the officer under sub-section (1) until the officer resumes performing duties in that Department; and

(b) the Secretary of the second-mentioned Department may give a direction to the officer under sub-section (1) as if the officer were a Senior Executive Service officer in that Department until the officer ceases to perform duties in that Department.

“(4) The Board shall not direct a Senior Executive Service officer in a Department to perform the duties of an office in another Department or to perform specified duties in another Department unless the Board has consulted each of the relevant Secretaries in relation to the proposed direction.

“(5) Nothing in this section shall be taken to limit, by implication, the regulations that may be made for the purposes of section 51a.

“(6) This section applies to and in relation to an employee—

(a) who is employed in a Department; and

(b) the agreement for whose employment specifies that he is employed to perform duties appropriate to an office having a specified Senior Executive Service classification,

as if the employee were a Senior Executive Service officer of that classification in the Department.

Promotions to Senior Executive Service offices

“49b. (1) The Board may, in writing, promote an officer to a vacant Senior Executive Service office.

“(2) The Board shall not exercise its powers under sub-section (1) in relation to an office in a Department except in accordance with a recommendation in writing made by the relevant Secretary.

“(3) Where the relevant Secretary recommends in writing that an officer be promoted to a Senior Executive Service office of a particular classification, the Board shall promote the officer to the office unless it is satisfied that—

(a) the procedures followed by the Secretary in relation to notification of the vacancy in the office, or in relation to the examination of applications for promotion, transfer or appointment to the office, were not adequate;

(b) it is desirable, in the interests of the Service, that the vacancy be further notified or advertised;

(c) the officer is not suitable for the performance of the duties of that office or is not suitable for the performance of the duties of Senior Executive Service offices of the same or equal classification; or

(d) the transfer of another officer to the office is required for the purposes of section 76f or 76l or would otherwise better promote the efficiency of the Service.

“(4) A promotion of an officer under sub-section (1) shall be notified in the Gazette.

Selection of officers for promotion to Senior Executive Service offices

“49c. (1) In the selection of an officer for promotion to a vacant Senior Executive Service office consideration shall be given only to the relative efficiency of the officers available for promotion.

“(2) For the purposes of sub-section (1), ‘efficiency’, in relation to an officer, means the suitability of the officer for the discharge of—

(a) the duties of Senior Executive Service offices having classifications the same as or equal to the classification of the vacant office; and

(b) the duties of the vacant office, having regard to the following matters:

(c) the purposes specified in sub-section 26aa (2) as the purposes for which the Senior Executive Service is established and the need to ensure that the experience, training, qualifications and relevant personal qualities of Senior Executive Service officers in the Department in which the vacancy exists are such as to enable the Department, in both the short term and the long term, efficiently and economically to perform its functions;

(d) the capability of the officer to discharge the duties referred to in paragraphs (a) and (b) of this sub-section;

(e) the standard of work performed by the officer in other offices;

(f) any experience possessed by the officer relevant to the discharge of those duties;

(g) the training and educational qualifications of the officer;

(h) any personal qualities of the officer relevant to the discharge of those duties;

(j) the potential for further career development of the officer in the Senior Executive Service.

Day on which transfer or promotion takes effect

“49d. (1) The transfer or promotion of an officer under sub-section 49 (1) or 49b (1) takes effect—

(a) if the officer does not apply to the Board under section 52 for permission to decline the transfer or promotion or the officer applies to the Board for such permission and the Board, not later than the prescribed day in relation to the transfer or promotion, notifies the officer of its refusal to grant such permission—on the prescribed day in relation to the transfer or promotion; or

(b) if the officer applies to the Board under section 52 for permission to decline the transfer or promotion and the Board, on a day that is later

than the prescribed day in relation to the transfer or promotion, notifies the officer of its refusal to grant such permission—on the day on which the Board notifies the officer of its refusal to grant such permission.

“(2) Where a promotion under sub-section 49b (1) of an officer takes effect, salary at the rate applicable to that office is payable to the officer on and from the prescribed day in respect of the promotion.

33. Section 48b of the Principal Act is repealed.

34. Section 49c of the Principal Act is amended—

(a) by omitting from paragraph (2) (j) “Service.” and substituting “Service;”; and

(b) by adding at the end of sub-section (2) the following paragraphs:

“(k) in the case where the vacant office concerned is a part-time office—the willingness of the officer to undertake the duties of the office on the basis that the hours of attendance applicable to him will be those specified in the declaration under sub-section 29b (1) in relation to the office;

“(m) in a case where the vacant office concerned is a full-time office—the willingness of the officer to undertake the duties of the office on a full-time basis.”.

115. Sections 21 and 22 of the Principal Act are repealed.

116. Upon the commencement of section 30 of the Principal Act, that section has effect as if—

(a) sub-section (1) were amended by omitting “54b” and substituting “53c”; and

(b) sub-sections (3) and (4) were omitted.

117. Section 56 of the Principal Act is repealed.

118. Section 59 of the Principal Act is repealed.

119. Section 69 of the Principal Act is repealed.

120. Section 74 of the Principal Act is amended by omitting sub-section (1).

121. Section 77 of the Principal Act is repealed.

122. Sections 80 and 81 of the Principal Act are repealed.

123. Sections 83 and 84 of the Principal Act are repealed.

124. Section 86 of the Principal Act is repealed.