Public Service Act Amendment Act 1935 (WA)

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No. 28.]

Public Service.

[1935.

PUBLIC SERVICE.

26° GEO. V., No. XXVIII.

No. 28 of 1935.

AN ACT to amend the Public Service Act, 1904.

[Assented to 23rd December, 1935.]

lative Council and Legislative Assembly of Western

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis-

Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

(1.) This Act may be cited as the Public Service Act Amendment Act, 1935, and shall be read as one with the Public Service Act, 1904, as reprinted in the Appen- dix to the Sessional Volume of the Statutes for 'the year 1930, hereinafter referred to as the principal Act.

Short title

1.

and com-

mencement.

(2.) This Act shall come into operation on a day to be

fixed by proclamation.*

Ineertion of

2.

A section is inserted in the principal Act after

in principal

new section

Act.

section two, as follows-

This Act to

be read with

2A. (1.) This Act shall be read with and subject

and subject

to Part IIKA.

to the provisions of Part IXA. of the Industrial Arbi-

of the Indus-

trial Arbitra-

tration Act, 1912-1935, and shall be so construed and

tion Act,

1912-1935.

administered that, where in any case any provision of this Act is inconsistent with or repugnant to any pro- vision of Part IXA. of the Industrial Arbitration Act, 1912-1935, the last-mentioned provision shall prevail, and the provisions of this Act to the extent by which

the effect thereof would but for this section limit, hin-

der, or obstruct the operation of any provision of Part

' Proclaimed to commence 1st February, 1936. (See Gazette, 31st

January, 1936.)

1935.]

Public Service.

[No. 28.

IXA. of the Industrial Arbitration Act, 1912-1935, according to the tenor thereof contrary to the object and intention of the said Part IXA. shall have no effect.

(2.) Save and except as provided in subsection (1.) hereof, the provisions of this Act and the administra- tion of such provisions according to the tenor thereof, shall continue as if the said Part IXA. of the indus- trial Arbitration Act, 1912-1.935, had not been enacted.

3. Section six of the principal Act is amended by ,Arseurent

adding to subsection (4.) a proviso as follows:

Provided that this subsection shall not apply to any application or reference to or other proceeding before the Court of Arbitration under Part IXA. of the In- dustrial Arbitration Act, 1912-1935, in which the Com- missioner is or may be concerned as a party.

Section fifteen of the principal Act is amended by inserting at the beginning of the second paragraph the words "Subject to any award or agreement made and in force under Part IXA. of the Industrial Arbitration Act, 191.2-1935."

Amendment

of a. 15,

4.

Section forty-six A of the principal Aet is amended by inserting after the words "another officer" in line one the words "or performing the work of an office, other than his own office, during a vacancy therein."

Amendment

of s. 46A.

5.

6.

The principal Act as amended by this Act may be Citation of

principal Act

cited as the Public Service Act, 1904-1935.

as amended.

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