87KPersons to whom Division applies

##### 87K Persons to whom Division applies (1) Where an officer to whom Division 2 applies who is engaged in eligible public employment: (a) resigns from the Service; or (b) ceases to be an officer in accordance with subsection 87D(1), 87V(2), 87Y(3), 87Z(3) or 87ZA(5); but continues to be engaged in that employment, he becomes a person to whom this Division applies upon so resigning or so ceasing to be an officer, as the case may be. (2) Where a person who: (a) is deemed by subsection 87J(6), 87Y(2) or 87Z(2) to have ceased to be an officer; or (b) ceases, under subsection 87V(1) or 87ZC(2), to be an officer; is engaged in eligible public employment on the day after the day at the expiration of which he is so deemed to have ceased, or so ceased, to be an officer, he becomes a person to whom this Division applies on the first‑mentioned day. (2A) An officer specified, or included in a class of officers specified, in a declaration under subsection 81C(1) becomes a person to whom this Division applies on the day specified in the declaration for the purposes of subsection 81C(2). (3) An officer who is transferred to the Public Service of the Northern Territory under section 84A becomes a person to whom this Division applies on the day on which he is so transferred. (4) Where a person who, before the commencing day, ceased, under subsection 84A(3) to be an officer has, throughout the period that commenced on the day immediately following the day on which he so ceased to be an officer and ends on the commencing day, been engaged in employment in the Public Service of the Northern Territory or in that employment and other employment, being: (a) eligible Commonwealth employment; or (b) employment, other than eligible Commonwealth employment, of such a kind that the Officers’ Rights Declaration Act 1928 would have applied to him in respect of that employment if, immediately before he became engaged in that employment, he had been an officer or a person to whom that Act applied; the person becomes a person to whom this Division applies on the commencing day. (5) Where: (b) a person who was deemed to have been appointed to the Service of such a Commission under section 16 or subparagraph 19(2)(b)(iv) of the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975; or (c) a person who, not less than 3 years before the commencing day, resigned or retired from the Service for the purpose of becoming engaged in employment as the holder of such an office or by such a Commission and became engaged in such employment; has, throughout the period that commenced on the day on which he was so appointed, was deemed to have been so appointed or became so engaged, as the case may be, and ends on the commencing day, been engaged in employment as the holder of such an office or by such a Commission or in that employment and other employment, being: (d) eligible Commonwealth employment; or (e) employment, other than eligible Commonwealth employment, of such a kind that the Officers’ Rights Declaration Act 1928 would have applied to him in respect of that employment if, immediately before he became engaged in that employment, he had been an officer or a person to whom that Act applied; the person becomes a person to whom this Division applies on the commencing day. (6) A person who: (a) became the holder of a magisterial office in the Australian Capital Territory before the commencing day; (b) was an officer immediately before he became, or first became, the holder of a magisterial office in the Australian Capital Territory; and (c) was, throughout the period that commenced on the day on which he became, or first became, the holder of a magisterial office in the Australian Capital Territory and ends on the commencing day, engaged in employment as the holder of a magisterial office in that Territory or in that employment and other employment, being: (i) eligible Commonwealth employment; or (ii) employment, other than eligible Commonwealth employment, of such a kind that the Officers’ Rights Declaration Act 1928 would have applied to him in respect of that employment if, immediately before he became engaged in that employment, he had been an officer or a person to whom that Act applied; becomes, on the commencing day, a person to whom this Division applies. (7) Where magisterial offices in the Northern Territory become public offices by virtue of a regulation made for the purposes of paragraph (b) of the definition of public office in subsection 87(1), a person who: (a) became the holder of a magisterial office in the Northern Territory before or after the commencement of this subsection, but before the day (in this subsection referred to as the relevant day) on which that regulation takes effect; (b) was an officer immediately before he became, or first became, the holder of a magisterial office in the Northern Territory; and (c) was, throughout the period that commenced on the day on which he became, or first became, the holder of a magisterial office in the Northern Territory and ends on the relevant day, engaged in employment as the holder of a magisterial office in the Northern Territory or in that employment and other employment, being: (i) eligible Commonwealth employment; or (ii) employment, other than eligible Commonwealth employment, of such a kind that the Officers’ Rights Declaration Act 1928 would have applied to him in respect of that employment if, immediately before he became engaged in that employment, he had been an officer or an officer to whom that Act applied; becomes, on the relevant day, a person to whom this Division applies. (8) In subsections (6) and (7), magisterial office means the office of Chief Magistrate or an office of Stipendiary Magistrate (not being, in either case, an office in the Service). (9) An officer who becomes an eligible person for the purposes of Part IV of the Commonwealth Legal Aid Act 1977 becomes a person to whom this Division applies on the day on which he becomes an eligible person for the purposes of that Part. (10) Where a person who, before the commencing day, ceased, under section 22 of the Commonwealth Legal Aid Act 1977, to be an officer has, throughout the period that commenced on the day immediately following the day on which he so ceased to be an officer and ends on the commencing day, been engaged in employment as a member of the staff of an approved legal aid commission, or as the holder of an approved statutory office, within the meaning of that Act or in that employment and other employment, being: (a) eligible Commonwealth employment; or (b) employment, other than eligible Commonwealth employment, of such a kind that the Officers’ Rights Declaration Act 1928 would have applied to him in respect of that employment if, immediately before he became engaged in that employment, he had been an officer or a person to whom that Act applied; the person becomes a person to whom this Division applies on the commencing day. (11) A person in respect of whom a declaration under subsection 63G(7) is made becomes a person to whom this Division applies on the day on which the declaration is made. (12) Subject to subsections 87SA(2) and 87SB(2), where a person becomes a person to whom this Division applies, he continues to be such a person until he ceases to be engaged in eligible public employment or attains the age of 65 years, whichever first occurs. (13) If: (a) an officer to whom Division 2 applies and who is engaged in eligible public employment resigns from the Service; and (b) before resigning from the Service, the officer has given to the Commissioner written notice that the officer elects not to be a person to whom this Division applies; the officer does not become, on his or her resignation from the Service, a person to whom this Division applies.