sec.327Making of new certified agreement or determination

### sec.327 Making of new certified agreement or determination This section applies to a senior medical officer if, after the commencement, a new agreement is certified, or an arbitration determination is made, under the Industrial Relations Act 1999 , chapter 6 that covers the senior medical officer. If immediately before the relevant day the pre-modernisation health instruments do not apply to the senior medical officer under section 326, the senior medical officer’s interim SMO contract is terminated on the relevant day. If immediately before the relevant day the pre-modernisation health instruments apply to the senior medical officer under section 326, on the relevant day— the senior medical officer’s interim SMO contract is terminated to the extent it provided for a matter mentioned in section 326(2)(b); and the pre-modernisation health instruments stop applying to the senior medical officer. The operation of subsection (2) or (3) does not— constitute a termination of the senior medical officer’s employment; or entitle the senior medical officer to a payment of money or other compensation. In this section— relevant day means the day the agreement mentioned in subsection (1) is certified, or the arbitration determination mentioned in subsection (1) is made, as the case may be. s 327 ins 2015 No. 7 s 35M (sec.327-ssec.1) This section applies to a senior medical officer if, after the commencement, a new agreement is certified, or an arbitration determination is made, under the Industrial Relations Act 1999 , chapter 6 that covers the senior medical officer. (sec.327-ssec.2) If immediately before the relevant day the pre-modernisation health instruments do not apply to the senior medical officer under section 326, the senior medical officer’s interim SMO contract is terminated on the relevant day. (sec.327-ssec.3) If immediately before the relevant day the pre-modernisation health instruments apply to the senior medical officer under section 326, on the relevant day— the senior medical officer’s interim SMO contract is terminated to the extent it provided for a matter mentioned in section 326(2)(b); and the pre-modernisation health instruments stop applying to the senior medical officer. (sec.327-ssec.4) The operation of subsection (2) or (3) does not— constitute a termination of the senior medical officer’s employment; or entitle the senior medical officer to a payment of money or other compensation. (sec.327-ssec.5) In this section— relevant day means the day the agreement mentioned in subsection (1) is certified, or the arbitration determination mentioned in subsection (1) is made, as the case may be. - (a) the senior medical officer’s interim SMO contract is terminated to the extent it provided for a matter mentioned in section 326(2)(b); and - (b) the pre-modernisation health instruments stop applying to the senior medical officer. - (a) constitute a termination of the senior medical officer’s employment; or - (b) entitle the senior medical officer to a payment of money or other compensation.