87UBExcess officer failing to apply for appointment to an office in the Service

##### 87UB Excess officer failing to apply for appointment to an office in the Service (1) This section applies to an officer to whom the repealed Officers’ Rights Declaration Act 1928 applies because of section 87TA and who: (a) after the commencement of this section, becomes excess in relation to the employment because of which he or she is an officer to whom that repealed Act applies; and (b) is notified, as prescribed, by the employing authority of the effect in relation to the officer of the operation of this section; and (c) does not, before the end of 60 days after the date on which he or she so became excess or the date on which he or she was so notified, whichever is the later date, apply to the Commissioner to be appointed to an office in the Service. (2) Unless the officer resigned from the Service or made an election referred to in subsection (3) before the end of the period referred to in paragraph (1)(c), he or she is taken, for the purposes of this Act, to have resigned from the Service at the end of that period. (3) If, within the period referred to in paragraph (1)(c), the officer elects that the repealed Officers’ Rights Declaration Act 1928 is to cease to apply to him or her, subsection 87SB(1) has effect as if he or she had been a person to whom Division 3 applied when he or she became excess in relation to his or her employment as mentioned in paragraph (1)(a). (4) If the officer ceases to be excess in relation to his or her employment as mentioned in paragraph (1)(a) and continues in that employment, the preceding provisions of this section do not apply, and are taken never to have applied, to the officer because of his or her having so been excess.