87COfficers engaged in eligible public employment

##### 87C Officers engaged in eligible public employment (1) Subject to this section, an officer (including an unattached officer) becomes an officer to whom this Division applies: (a) on the day on which he becomes engaged in eligible public employment; (b) if the repealed Officers’ Rights Declaration Act 1928 ceases to apply to him under section 87TA while he is engaged in eligible public employment but he continues, by force of subsection 87V(1), to be an unattached officer—upon that Act so ceasing to apply to him; or (d) if he is an officer to whom section 87Z applies—on the day immediately following the day at the expiration of which he is, under subsection 87Z(2), to be deemed to have ceased to be absent from the Service on leave of absence granted under section 71. (2) A person who: (a) becomes an officer by reason of his being re‑appointed to the Service under section 63F or 63G as an unattached officer on leave without pay; (b) was not, immediately before he ceased, or last ceased, to be an officer, an officer to whom the Officers’ Rights Declaration Act 1928, the repealed Officers’ Rights Declaration Act 1928 or the former section 6 of the Trade Commissioners Act 1933 applied; and (c) is, at the time of his re‑appointment, employed in a public office or by a public authority; becomes an officer to whom this Division applies upon his being re‑appointed under that section. (3) An officer (including an unattached officer) becomes an officer to whom this Division applies on the commencing day: (a) if, on the commencing day, he is engaged in eligible Commonwealth employment and, at the expiration of the day immediately preceding the commencing day, he is, under subsection 87Y(2), to be deemed to have ceased to be absent from the Service on leave of absence granted under section 71; (b) if, on the commencing day, he is engaged in eligible Commonwealth employment and is, by virtue of section 87ZA, to be deemed to have been appointed to the Service on that day; or (c) if, on the commencing day, he is employed as the holder of an office of Commissioner or member of a Board under the Repatriation Act 1920 and is not an officer to whom section 8A of that Act applies. (4) Subsection (1) does not apply to an officer who becomes engaged in eligible public employment: (a) if he becomes so engaged by reason of being transferred to the Public Service of the Northern Territory under section 84A; (b) if the repealed Officers’ Rights Declaration Act 1928 applies to him in respect of that employment; (c) if he becomes, under section 87J, upon becoming so engaged, an eligible person in relation to a declared Commonwealth function; or (e) if, upon becoming so engaged, he is absent from the Service on leave of absence granted under this Act for the purpose of enabling him to become engaged in that employment, being leave of absence that was granted: (i) if that employment became eligible public employment after the commencing day by virtue of the making of a regulation for the purposes of section 87—before the day on which the regulation was made or the day as from which that employment became eligible public employment, whichever was the later day; or (ii) in any other case—before the commencing day. (5) Where an officer becomes, by reason of his becoming engaged, or while he is engaged, in particular employment, an officer to whom this Division applies, he continues to be such an officer until he ceases to be engaged in that employment or he ceases to be an officer, whichever first occurs. (6) While an officer is, by reason of being engaged in particular employment, an officer to whom this Division applies, he shall be deemed to be absent from duty from the Service on leave of absence without pay, but his service in that employment while he is deemed to be so absent shall be taken into account as if it were service in the Service.