Page 2399 - Week 08 - Wednesday, 22 June 1994

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recognised as prescribed for the purposes of determining the leave and other benefits to which the Commonwealth officer is entitled under this Act and the management standards.

"(7) Where the appointment of a Commonwealth officer to an office in an administrative unit is not an appointment to which subsection (6) applies, the following provisions have effect:

(a) the provisions of Division 5 of Part V and the provisions of the Merit Protection Act apply to the appointment as if -

(i) the appointment were a promotion (in this subsection referred to as a 'deemed promotion') of the Commonwealth officer to the office by the Chief Executive of the administrative unit, being a promotion -

(A) in a case where the appointment is in accordance with the advice of a Joint Selection Committee constituted for the purposes of section 88 - made under section 88;

(B) in a case where the appointment is in accordance with the unanimous advice of a Joint Selection Committee constituted for the purposes of section 89 - made under section 88; or

(ii) the Commonwealth officer were an officer within the meaning of this Act;

(b) the deemed promotion takes effect according to the following rules:

(i) if -

(A) the deemed promotion is a non-appellable promotion;

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