Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a person who is deemed by this Part to have been appointed to the Service of a Commission is, on the commencing day, performing duty:
(a) in accordance with arrangements made under section 47D of the Public Service Act 1922 - 1975 ;
(b) in a capacity referred to in section 48A of that Act; or
(c) in an appointment referred to in section 72B of that Act,
that section ceases, upon the commencing day, to apply to and in relation to him or her , but he or she may continue, on and after that day, to perform duty accordingly and shall be deemed to have been granted, on the commencing day, leave of absence without pay by the Commission commencing on that day and ending on the day on which he or she ceases to perform duty accordingly.
(2) Upon the termination of the leave of absence that is to be deemed to have been granted to a person under subsection ( 1), the person is entitled to be employed in the Service of that Commission at a classification and salary determined by the Commission having regard to the duties performed by him or her in the Australian Public Service immediately prior to his or her commencing to perform the duties referred to in subsection ( 1) and the period during which he or she has performed those duties.
(3) Where, but for this subsection, a person who is deemed by this Part to have been appointed to the Service of a Commission would, on the commencing day, be an officer to whom section 6 of the Officers' Rights Declaration Act 1928 - 1975 applies:
(a) that Act ceases to apply to and in relation to him or her on that day;
(b) he or she continues to retain the existing and accruing rights previously retained by him or her by virtue of the application of that Act and, in determining those rights:
(i) his or her service in relation to which that Act applied shall be taken into account as if it were service in the Australian Public Service; and
(ii) his or her service while on leave under paragraph ( c) shall be taken into account as if it were service in the Service of that Commission;
(c) he or she shall be deemed to have been granted leave of absence without pay by that Commission commencing on the commencing day and ending on the day on which he or she ceases to be employed as, by or as a member of an Australian Government Authority other than that Commission; and
(d) on the termination of that leave of absence, he or she is entitled to be employed in the Service of that Commission at a classification and salary determined by that Commission having regard to the office in the Australian Public Service occupied by him or her immediately before he or she became an officer to whom the Officers' Rights Declaration Act 1928 - 1975 applied and the period during which that Act applied to him or her and the period of leave of absence applicable to him or her under this section.
(4) Where an officer attains the maximum age for retirement or is dismissed for misconduct before the completion of the period of leave of absence applicable to him or her under this section, subsection ( 2) or paragraph ( 3)(d), as the case may be, does not apply to him or her .