21Provisions applicable to Commonwealth Banking Corporation Service

21 Provisions applicable to Commonwealth Banking Corporation Service

(1) A position which existed in the Commonwealth Bank Service immediately before the commencing date, not being a position: (a) occupied immediately before that date by a person appointed on that date to the Reserve Bank Service under section sixteen of this Act; or (b) declared by the Commonwealth Banking Corporation by instrument in writing on that date to be a position not to be continued in the Commonwealth Banking Corporation Service; shall, subject to sections ninety‑seven and ninety‑eight of the Commonwealth Banks Act 1959, be deemed to have become, on that date, a position in the Commonwealth Banking Corporation Service with the same classification as was applicable to the position immediately before that date. (2) A person who, immediately before the commencing date, was an officer of the Commonwealth Bank Service occupying a position to which the last preceding subsection applies shall be deemed to have been appointed on that date to that position in the Commonwealth Banking Corporation Service. (3) The Commonwealth Banking Corporation shall, on the first appointment to a position in the Commonwealth Banking Corporation Service of: (a) a person who became an officer of that Service by virtue of section seventeen of this Act and is not deemed to have been appointed to a position in that Service by virtue of the last preceding subsection; or (b) a person appointed as an officer of that Service under section nineteen of this Act; appoint that person to a position which has the same classification as the classification of the position occupied by that person in the Commonwealth Bank Service immediately before the commencing date. (4) Provisions shall be made: (a) in any terms and conditions of service of officers of the Commonwealth Banking Corporation Service determined by the Commonwealth Banking Corporation that have reference to the length of service of officers; (b) in any regulations made by virtue of paragraph (b) of subsection (2) of section ninety‑nine of the Commonwealth Banks Act 1959 for determining the seniority of officers of the Commonwealth Banking Corporation Service; and (c) in any rules made for or in relation to the superannuation fund established by section one hundred and ten of that Act that have reference to the length of service of officers; for the recognition as service in the Commonwealth Banking Corporation Service by an officer of that Service who became such an officer by virtue of this Part of: (d) service by him as an officer of the Commonwealth Bank of Australia under the Commonwealth Bank Act 1911, or under that Act as amended from time to time, or service by him in the Commonwealth Bank Service; and (e) service by him within three months after the commencing date in the Reserve Bank Service. (5) The reference in subsection (2) of section eighty‑eight of the Commonwealth Banks Act 1959 to officers appointed under Part VIII of that Act shall be read as including a reference to persons who become officers of the Commonwealth Banking Corporation Service by virtue of this Part.