47BRe‑appointment of retired officers

##### 47B Re‑appointment of retired officers (1) Subject to this section, the Board may re‑appoint to the Service, under this section, a person who has, whether before or after the commencement of this subsection, ceased to be an officer. (1A) The Board shall not re‑appoint a person to the Service under this section: (a) if the person ceased, or last ceased, to be an officer by reason of his having been dismissed from the Service for misconduct; or (b) if the person has been engaged in eligible public employment, within the meaning of Part IV, after he ceased, or last ceased, to be an officer and was dismissed from that employment for misconduct. (1B) Subsection (1A) does not apply in relation to a person in relation to whom that subsection would, but for this subsection, apply if: (a) his dismissal was by reason of his having been found by a court to have committed a criminal offence; and (b) the finding of the court has been nullified within the meaning of section 63F. (1C) For the purposes of subsection (1A): (a) a person shall be deemed to have been dismissed from the Service for misconduct: (i) if he was dismissed from the Service under section 55 or 62 of the Public Service Act 1922 as in force at any time before the commencement of this subsection; or (ii) if he was dismissed from the Service after the commencement of this subsection under Division 6; and (b) a person shall be deemed to have been dismissed from eligible public employment, within the meaning of Part IV, for misconduct if he was dismissed from that employment on grounds similar to the grounds on which an officer may be dismissed from the Service under Division 6 of this Part.