Public Service Act 1922
29Administrative re‑arrangements
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29 Administrative re‑arrangements
(1) Where a Department is abolished, the Prime Minister may, in writing:
(a) create in another Department, or direct the relevant Secretary of another Department to create in that other Department, an office (in this subsection referred to as the substituted office):
(i) that has the same classification as an office (in this subsection referred to as the former office) that existed in the first‑mentioned Department immediately before it was abolished; and
(ii) the holder of which is required to perform substantially the same duties as the holder of the former office was required to perform; and
(b) declare the substituted office to be, or when created to be, in substitution for the former office.
(2) Where, by virtue of administrative arrangements approved by the Governor‑General or the Prime Minister, or by virtue of the establishment, by an Act, of a Department of a kind referred to in paragraph (b) of the definition of Department in subsection 7(1), a matter is to be dealt with by a different Department (in this subsection referred to as the gaining Department) from the Department (in this subsection referred to as the losing Department) by which that matter was dealt with immediately before that approval or establishment, as the case may be, the Prime Minister may, in writing:
(a) abolish, or direct the Secretary of the losing Department to abolish, an office (in this subsection referred to as the former office) in the losing Department the holder of which is required to perform duties that:
(i) relate wholly or mainly to that matter; or
(ii) are, in the opinion of the Prime Minister, ancillary to, or attributable to, that matter;
(b) create, or direct the Secretary of the gaining Department to create, in the gaining Department an office (in this subsection referred to as the substituted office):
(i) that has the same classification as the former office; and
(ii) the holder of which is required to perform substantially the same duties as the holder of the former office was required to perform; and
(c) declare the substituted office to be, or when created to be, in substitution for the former office.