Page 2403 - Week 08 - Wednesday, 22 June 1994

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67. Page 105, line 12, after subclause 158(8), insert the following subclauses:

"(8A) Subject to subsection (8B), where, but for this subsection -

(a) an amount would become due to a person under this section; and

(b) the amount would become due solely because of the resignation of the person from the Service for the purpose of his or her being appointed to the Australian Public Service under a provision corresponding to section 115;

the amount does not become due on the person's resignation from the Service.

"(8B) Where, but for subsection (8A) -

(a) an amount would become due under this section to a person to whom section 166 applies; and

(b) the amount would become due solely because of the resignation of the person from the Service for the purpose of his or her being appointed to the Australian Public Service under a provision corresponding to section 115 (being the first occasion on which he or she had resigned for that purpose);

the amount that the person shall receive shall be the difference between -

(c) the amount that the person would have received by virtue of the operation of section 166 but for subsection (8A); and

(d) the amount that the person would have received but for that subsection if section 166 did not apply to him or her.".


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