5Conversion of officers, employees etc.

##### 5 Conversion of officers, employees etc. Fixed‑term Secretaries (1) At the commencing time, a fixed‑term Secretary becomes a Secretary of the corresponding new Act Department, as if he or she had been appointed as a Secretary under the new Act for a period equal to the unexpired part of the fixed term. Public Service Commissioner (2) At the commencing time, the person holding office as the Public Service Commissioner under the old Act becomes the Public Service Commissioner under the new Act, as if he or she had been appointed as the Public Service Commissioner under the new Act for a period equal to the unexpired part of his or her term under the old Act. Merit Protection Commissioner (3) At the commencing time, the person holding office as the Merit Protection Commissioner under the Merit Protection (Australian Government Employees) Act 1984 becomes the Merit Protection Commissioner under the new Act, as if he or she had been appointed as the Merit Protection Commissioner under the new Act for a period equal to the unexpired part of his or her term under the Merit Protection (Australian Government Employees) Act 1984. Fixed‑term SES officer (4) At the commencing time, a fixed‑term SES officer becomes an SES employee: (a) in the corresponding Agency; and (b) with a corresponding classification; as if he or she had been engaged as an APS employee under the new Act for a period equal to the unexpired part of the fixed term. Continuing SES officer (5) At the commencing time, a continuing SES officer becomes an SES employee: (a) in the corresponding Agency; and (b) with a corresponding classification; as if he or she had been engaged as an ongoing APS employee under the new Act. Non‑SES officers (6) At the commencing time, a non‑SES officer becomes a non‑SES employee: (a) in the corresponding Agency; and (b) with a corresponding classification; as if he or she had been engaged as an ongoing APS employee under the new Act. Term employees (7) At the commencing time, a term employee becomes a non‑SES employee: (a) in the corresponding Agency; and (b) with a corresponding classification; as if he or she had been engaged as an APS employee under the new Act for a period equal to the unexpired part of the period of engagement under the old Act. Continuing employees (8) At the commencing time, a continuing employee becomes a non‑SES employee: (a) in the corresponding Agency; and (b) with a corresponding classification; as if he or she had been engaged as an ongoing APS employee under the new Act. Overseas‑engaged employees (9) At the commencing time, an overseas‑engaged employee becomes a non‑SES employee: (a) in the corresponding Agency; and (b) in an equivalent capacity; as if he or she had been engaged as a locally engaged employee under the new Act. New Act applies (10) Except where this Act expressly provides otherwise, the new Act applies to a person who is taken, under this section, to have been appointed or engaged under the new Act in the same way as it applies to persons actually engaged or appointed under the new Act.