Transferred Officers Extended Leave (Amendment) Act 1973 (NSW)

TRANSFERRED OFFICERS EXTENDED LEAVE

(AMENDMENT) ACT.

iOtetD

ANNO VICESIMO SECUNDO

ELIZABETHtE II REGINiE

Act No. 33, 1973.

An Act to make further provision] with respect to the entitlement to extended leave o f certain persons employed in the Public Service or the Teaching Service or by certain State employers; for this and other purposes to amend the Transferred Officers Extended Leave Act, 1961; and for purposes connected therewith. [Assented to, 2nd May, 1973.]

Transferred Officers Extended Leave {Amendment).

No. 33, 33, 1973 T>E it enacted by the Queen’s Most Excellent Majesty, by

^ and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —■

Short title. 1. This Act may be cited as the “Transferred OflBcers

Extended Leave (Amendment) Act, 1973”.

Reference 2. The Transferred Officers Extended Leave Act, 1961,

is, in this Act, referred to as the Principal Act.

Amendment	3.	The Principal Act is amended-
of Act No. 13,1961.

Sec. 2. (a) by inserting next after the definition of “Public

(Inter­	service of the State” in section 2 (1) the following
pretation.)	new definition :—

“Regulations” means regulations under this Act.

Sec. 3.	(b) (i) by inserting in section 3 (1) after the matter
reckoning

(Method of	“(4 )” the matter “, (4a)”;
service of

certain (ii) by inserting next after section 3 (4) the

employees following new subsection :—

in the public service of (4a) Where a person referred to in

the State	subsection	(1 )—
and of
State

certain	(a) is, under any Act, other than this Act, or under any regulation, by-law, award or industrial agreement, or by virtue of the conditions of his employ­ ment with his current employer, or by reason of any practice of his current
authorities.)

employer.

Transferred Officers Extended Leave (Amendment).

employer, entitled, but is not entitled No. 33,1973

by virtue of the provisions of subsection

(4), to have any previous service with

the employer who is his current

employer reckoned, for the purpose of

calculating his entitlement to extended

leave, as service with his current

employer;

(b)	has had, before he commenced that previous service, any continuous governmental service that was con­ tinuous with that previous service;
(c)	was under the age of sixty years when he commenced that previous service,

then the period of continuous governmental service, referred to in paragraph (b), shall be a prescribed period for the purpose of subsection (1).

(c)

by omitting from section 4 (2) the words “in any Sec. 4. inserting instead the words “of a kind or nature what amount

prescribed to be special service” ; t? c°n-
^ ^ tmuous periods of service and on the meaning of “continuous service”, etc.)
(d)	by omitting section 6 and by inserting instead the Subst. sec. 6. following section ;—

6. (1) The Governor may make regulations for Regulations,

or with respect to—

(a) prescribing the kind or nature of service with the armed forces of the Common­ wealth to be special service for the purposes of subsection (2) of section 4; and

(b)

P 23793—14

Transferred Officers Extended Leave {Amendment).

No. 33, 1973 (b) generally fpr carrying put and giving effect

- to this Act.

(2) The regulations may be made so as—

(a)	to apply differently according to such factors as may be specified in the regulations; and
(b)	to apply to service with the armed forces of the Commonwealth before the commence­ ment of the Transferred Officers Extended Leave (Amendment) Act, 1973, as well as to service after that commencement.

(3) Without affecting the generality of the foregoing provisions of this section, special service may be prescribed by reference to any service defined for the purposes of, or referred to in, any Commonwealth or other Act.

(4) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.

Operation of 4. Section 3 (4a) of the Principal Act, as inserted by though employed before the commencement of this Act in the service of a State employer, is employed neither at, nor at any time after, that commencement in the service of that State employer.

m adebT "'	ô Or in respect of a person who,
sec 3 (b).

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