33AAAInterpretation

##### 33AAA Interpretation (1) In this Division, unless the contrary intention appears: > Committee means a Promotion Appeal Committee. > non‑appellable promotion means a promotion under section 50 to an office having: (a) a classification equal to or higher than the classification of Senior Officer Grade C; or (b) a classification equivalent to a classification referred to in paragraph (a), being a classification prescribed, or included in a class of classifications prescribed, by the regulations; being a promotion notified in the Gazette after the commencement of section 20 of the Public Service Legislation (Streamlining) Act 1986. > prescribed day means: (a) in relation to a promotion of an officer under section 49B, 50 or 50DA—the later of: (i) a day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the promotion is notified in the Gazette; and (ii) the day on which the office to which the officer is promoted becomes vacant; and (b) in relation to a transfer of an officer under section 49, 50 or 50DA—the later of: (i) a day ascertained in accordance with the regulations, being a day occurring not earlier than the day on which the officer is given notice of the transfer under subsection 49(4), 50(5A), 50DA(8) or 50DB(8), as the case requires; and (ii) the day on which the office to which the officer is transferred becomes vacant. > promotion, in relation to an officer other than an SES officer, means a movement of the officer within the Service for the purpose of holding: (a) an office of a higher classification than that of the office held by the officer immediately before the movement took place; or (b) an office in respect of which the rate of salary payable is higher than the rate of salary that was payable in respect of the office held by the officer or, in the case of an unattached officer, to or in respect of the officer, immediately before the movement took place. > promotion, in relation to an SES officer, means a movement of the officer within the Service for the purpose of holding an office of a higher classification than that of the office held by the officer immediately before the movement took place. > Promotion Appeal Committee means a Promotion Appeal Committee established under Subdivision B of Division 2 of Part II of the Merit Protection (Australian Government Employees) Act 1984. (2) In this Division, unless the contrary intention appears, a reference to a vacant office includes a reference to an office that is expected to become vacant and a reference to a vacancy includes a reference to a vacancy that is expected to occur. (3) In this Division, a reference to the determination of an appeal against the promotion of an officer is a reference to the allowing or disallowing of the appeal under section 50D. (4) For the purposes of this Division, an appeal shall be taken to become inoperative if: (a) the appeal is withdrawn; (b) the appeal lapses by virtue of section 50F or 50G; (c) the appellant or the officer against whose promotion the appeal was made ceases to be an officer, otherwise than by virtue of his or her becoming a person to whom Division 3 of Part IV applies; (d) the appellant or the officer against whose promotion the appeal was made ceases, by reason of his or her promotion to another office having taken effect or for any other reason, to be eligible for promotion to the office concerned; or (e) the promotion against which the appeal was made lapses under regulations made under section 50E. (5) For the purposes of this Division, the parties to particular appeal proceedings are the officer promoted under section 50 and the appellant or appellants.