26Transitional provision: Leave payments

26 Transitional provision: Leave payments

(1) If, but for this section: (a) an amount would become due to a person: (i) under the Public Service Act, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and (b) the amount would become due solely because of the operation of section 5 of this Act in relation to the person; the amount does not become due. (2) If, but for this section: (a) an amount would become due to a person: (i) under the Public Service Act 1999, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and (b) the amount would become due solely because of the resignation of the person from the Australian Public Service for the purpose of his or her being appointed to the Australian Capital Territory Government Service; the amount does not become due on the person’s resignation from the Australian Public Service. (3) This section has effect in spite of any provision of: (a) the Long Service Leave (Commonwealth Employees) Act 1976; or (b) the Public Service Act 1922 or the Public Service Act 1999; or (c) any regulations or determination made under either of those Acts.