23Engagement of temporary employees

#### 23 Engagement of temporary employees (1) The Australian Postal Commission and the Australian Telecommunications Commission shall jointly determine the Service, that is to say, the Australian Postal Commission Service or the Australian Telecommunications Commission Service, in which it is appropriate to employ: (a) persons who were, on the relevant day, employed in the Postmaster‑General’s Department under the Public Service Act 1922‑1975 as temporary employees; and (b) persons who were, on the relevant day, employed in that Department as exempt employees. (2) Subject to subsection (4), the Australian Postal Commission shall engage as an employee each person in respect of whom it has been determined under subsection (1) that it is appropriate that he or she be employed in the Service of that Commission. (3) Subject to subsection (4), the Australian Telecommunications Commission shall engage as an employee each person in respect of whom it has been determined under subsection (1) that it is appropriate that he or she be employed in the Service of that Commission. (4) Subsection (2) or (3) does not require the engagement of a person as an employee: (a) if the person ceased to be employed in the Postmaster‑General’s Department after the relevant day and before the commencing day; or (b) if the person has notified the Commission that he or she does not wish to be so engaged. (5) Where it is determined under subsection (1) that it is appropriate that a person be employed in the Service of a Commission and that person is employed in the Postmaster‑General’s Department on the day immediately before the commencing day, the person ceases, immediately before the commencing day, to be employed under section 82 of the Public Service Act 1922‑1975 or as an exempt employee, as the case may be.