17Appointment to fill positions

#### 17 Appointment to fill positions (1) In this section, a reference to an officer of a Commission is a reference to an officer deemed to have been appointed to the Service of that Commission under this Part other than such an officer who, immediately before the commencing day, was not performing duty in the Australian Public Service by reason of having been authorized to perform duty temporarily for another authority, body or person. (2) A Commission shall, in respect of each officer of the Commission: (a) appoint the officer to a position in the Service of the Commission; or (b) determine the classification at which the officer is to be employed. (3) A Commission shall not, under subsection (2): (a) appoint an officer of the Commission to a position having a lower classification, or determine that an officer of the Commission is to be employed at a lower classification, than the classification at which the officer was employed immediately before the commencing day; and (b) determine that an officer of the Commission is to be employed at a salary lower than the salary applicable to the officer immediately before the commencing day. (4) Where: (a) an officer of a Commission was, immediately before the commencing day, in receipt of an allowance in respect of the performance of the whole or a part of the duties of an office or position of a classification (in this subsection referred to as the higher classification) higher than the classification of the office or position occupied by him or her; (b) the officer had, during the period of 12 months ended immediately before the commencing day, been continuously in receipt of such an allowance at a rate not less than the rate applicable to him or her immediately before that day; and (c) the Commission appoints the officer to a position having a classification, or determines that the officer be employed at a classification, lower than that higher classification, the officer is entitled to be paid, during the period during which he or she occupies an office having a classification, or is employed at a classification, lower than the higher classification, or during a period of 6 months, whichever is the less, an allowance at a rate equal to the difference between his or her rate of annual salary and the rate of annual salary that would be applicable to him or her if he or she were occupying a position having a classification equal to, or were employed at a classification equal to, the higher classification. (5) In this section, salary does not include an allowance by way of higher duties allowance.