81BAppointment or employment of persons where functions to be performed by Commonwealth etc.

##### 81B Appointment or employment of persons where functions to be performed by Commonwealth etc. (1) Where the Prime Minister certifies in writing that a function that has been performed otherwise than by persons appointed or employed under this Act is to be performed by persons appointed or employed under this Act, the Commissioner may, notwithstanding any other provision of this Act, appoint to the Service, or direct the employment in the Service of, persons who have been involved in the performance of the function. (2) Where the Prime Minister certifies in writing that a function that has been performed on behalf of the Commonwealth or a Commonwealth authority otherwise than by persons appointed or employed under this Act is to be performed on behalf of the Commonwealth or a Commonwealth authority by persons appointed or employed under this Act, the Commissioner may, by declaration in writing published in the Gazette, declare that specified persons or classes of persons who have been involved in the performance of that function are appointed as officers of the Service or employed as employees in the Service. (3) Where, after having received a report from the Commissioner, the Prime Minister certifies in writing that it is in the interests of the Commonwealth for specified persons, or a specified class of persons (being persons employed by or on behalf of the Commonwealth otherwise than under this Act, or employed by a Commonwealth authority), to be available for appointment to or employment in the Service under this section, the Commissioner may, by declaration in writing published in the Gazette, declare that persons specified in the declaration, or included in a class of persons so specified (being some or all of the persons specified, or included in a class of persons specified, in the Prime Minister’s certificate), are appointed as officers of the Service or employed as employees in the Service. (3A) Where, after receiving a report from the Commissioner, the Prime Minister certifies in writing that it is in the interests of the Commonwealth that a person: (a) to whom Division 2 of Part IV applies; or (b) to whom the repealed Officers’ Rights Declaration Act 1928 applies; resumes duties in the Service, the Commissioner may, by determination, reintegrate the person into the Service. (3B) A determination under subsection (3A) may, notwithstanding anything in any other provision of this Act or in any other law, provide: (a) in the case where the person is not to resume duties in a particular office—the classification that the person is to have as an unattached officer in the Service; or (b) in any other case—that the person is to resume duties in a particular office in the Service. (4) A declaration under subsection (2) or (3) has effect according to its terms on and from the day specified in the declaration for the purposes of this subsection. (5) For the purpose of facilitating: (a) a transfer of a person into the Service under subsection (1), (2) or (3); or (b) a reintegration of a person into the Service under subsection (3A); the Commissioner may, notwithstanding anything in any other provision of this Act or in any other law (other than an industrial award), determine any special terms or conditions of employment that are to apply to the person.