21Promotions of certain persons to offices in the Public Service

#### 21 Promotions of certain persons to offices in the Public Service (1) Where: (a) a person (in this section referred to as the relevant person) deemed to have been appointed to the Service of a Commission by this Part: (i) had, before the commencing day, been promoted to fill a vacant office in a Department other than the Postmaster‑General’s Department; (ii) had appealed, before that day, against the promotion of another person to fill such an office; or (iii) would, if he or she had continued to be an officer of the Australian Public Service on the commencing day, have had, on the commencing day, a right to appeal against the promotion of another person to fill such an office, being a promotion made before the commencing day; and (b) the promotion had not been confirmed or cancelled before the commencing day, this section applies in relation to the promotion. (2) Section 50 of the Public Service Act 1922‑1975 continues to apply, on and after the commencing day, to and in relation to a promotion to which this section applies as if the relevant person had not ceased to be an officer of the Australian Public Service and his or her service in the Service of a Commission were service in the Australian Public Service. (3) Where the promotion of the relevant person is confirmed under section 50 of the Public Service Act 1922‑1975 or the relevant person is promoted to a vacant office under subsection 50(9) of that Act, the person shall be deemed, notwithstanding section 16, to have continued on and after the commencing day to be an officer of the Australian Public Service but any amount paid to him or her as salary in respect of his or her service in the Service of a Commission shall be deemed to have been paid to him or her as salary under the Public Service Act 1922‑1975.