5Certain persons cease to be members of the Australian Public Service

5 Certain persons cease to be members of the Australian Public Service

(1) On the transfer day, an officer of the Australian Public Service to whom this subsection applies ceases, by force of this section, to be an officer of the Australian Public Service. (2) Subsection (1) applies to the following officers: (a) an officer who holds an office included in the ACT Branch, whether or not the officer was performing the duties of that office immediately before the transfer day; (b) an officer to whom Division 2 of Part IV of the Public Service Act applies and who is included in the ACT Branch; (c) an officer to whom the repealed Officers’ Rights Declaration Act 1928 applies by virtue of section 87TA of the Public Service Act and who is included in the ACT Branch; (d) an unattached officer, other than an officer referred to in paragraph (b) or (c), who is included in the ACT Branch. (3) On the transfer day: (a) a person employed under Division 10 of Part III of the Public Service Act to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed; and (b) a person otherwise employed by the Commonwealth to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed. (4) Subsection (3) applies to a person whether or not the person was actually performing duties in the ACT Branch immediately before the transfer day.