Postal and Telecommunications Commissions (Transitional Provisions) Amendment Act 1977 (Cth)

POSTAL AND TELECOMMUNICATIONS COMMISSIONS (TRANSITIONAL PROVISIONS) AMENDMENT ACT 1977

No. 95 of 1977

An Act to amend the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Postal and Telecommunications Commissions (Transitional Provisions) Amendment Act 1977.1

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Promotions of officers during transitional period

3. Section 20 of the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 is amended by omitting from sub-sections (2) and (3) “For the purposes of sub-section (1)” and substituting “While this section continues in force”.

Validation of promotions, &c

4. (1) Where, before the commencement of this Act—

(a) the Australian Postal Commission purported, under sub-section 54(6) of the Postal Services Act 1975, to cancel the provisional promotion of an officer of the Australian Postal Commission Service to a vacant position in that Service and to promote an officer of the Australian Telecommunications Commission Service to that vacant position; or

(b) the Australian Telecommunications Commission purported, under sub-section 51(6) of the Telecommunications Act 1975, to cancel the provisional promotion of an officer of the Australian Telecommunications Commission Service to a vacant position in that Service and to promote an officer of the Australian Postal Commission Service to that vacant position,

the cancellation and promotion, and any appointment, transfer, promotion or other act or thing purported to be made or done as a consequence, whether direct or indirect, of the cancellation and promotion, shall be deemed to have been as valid and effectual as it would have been if section 20 of the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 as in force after the commencement of this Act had been in force at all times during the period that commenced on 12 June 1975 and ended immediately before the commencement of this Act.

(2) Where—

(a) before the commencement of this Act an officer of the Australian Postal Commission Service or of the Australian Telecommunications Commission Service purported to appeal against the provisional promotion of an officer of the other of those Services to a vacant position in that other Service; and

(b) that provisional promotion was neither confirmed nor cancelled before the commencement of this Act,

the appeal, and any inquiry in respect of the appeal and any determination of the appeal by a Promotions Appeal Board, shall be deemed to have been as valid and effectual as they would have been if section 20 of the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975