47CRe‑appointment of unsuccessful election candidates

##### 47C Re‑appointment of unsuccessful election candidates (1) Where the Board is satisfied that: (a) a person who was an officer: (i) resigned in order to become a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State, of the Legislative Assembly for the Australian Capital Territory, of the Legislative Assembly for the Northern Territory or of a prescribed legislative or advisory body for another Territory; (ii) was a candidate at the election; and (iii) failed to be elected; and (b) the resignation took effect not earlier than 6 months before the date on which nominations for the election closed; the Board shall, upon application by the person within 2 months after the declaration of the result of the election, re‑appoint the person to the Service to fill the office occupied by the person immediately before resigning or an equivalent office or, if such an office is not available, as an unattached officer having the same classification as the person had immediately before resigning. (1A) Where the Commissioner is satisfied that: (a) a person who was an officer holding an office in the Aboriginal and Torres Strait Islander Commission or the Torres Strait Regional Authority: (i) resigned in order to become a candidate for election as a member of a Regional Council established under section 92 of the Aboriginal and Torres Strait Islander Commission Act 1989 or as a member of the Torres Strait Regional Authority established under Part 3A of that Act; (ii) was a candidate at the election; and (iii) failed to be elected; and (b) the resignation took effect not earlier than 6 months before the date on which nominations for the election closed; the Commissioner shall, upon application by the person within 2 months after the declaration of the result of the election, re‑appoint the person to the Service to fill the office occupied by the person immediately before resigning or an equivalent office or, if such an office is not available, as an unattached officer, having the same classification as the person had immediately before resigning. (2) The reference in subsection (1) to the declaration of the result of the election shall, in relation to an election the result of which is challenged, be read as a reference to the determination of the challenge by a court of disputed returns or the lapsing of the challenge, whichever happens first. (2A) The reference in subsection (1A) to the declaration of the result of the election shall, where an election petition has been addressed to the Federal Court of Australia under Schedule 4 of the Aboriginal and Torres Strait Islander Commission Act 1989, be read as a reference to the giving of a final decision on the election petition by the Federal Court. (3) Where: (a) a person who resigned from the Service as mentioned in subparagraph (1)(a)(i) or (1A)(a)(i) was appointed to the Service on probation and, at the time of the resignation, the person’s appointment had not been confirmed; and (b) the person is re‑appointed to the Service under this section; section 47 applies in relation to the person as if the person had not resigned but, for the purpose of calculating periods for the purposes of that section, the period between the person’s resignation and the re‑appointment under this section shall be disregarded. (4) In this section, officer does not include a Secretary or an unattached Secretary.