87VEffect of repealed Officers’ Rights Declaration Act ceasing to apply to officer

##### 87V Effect of [Repealed] Officers’ Rights Declaration Act ceasing to apply to officer (1) Where the repealed Officers’ Rights Declaration Act 1928 ceases to apply to an officer (otherwise than by reason of his ceasing to be an officer or by reason of his resuming duty in the Service) at the expiration of a day (in this section referred to as the relevant day): (a) if the officer has, at the expiration of the relevant day, been continuously employed by a public authority, or by 2 or more public authorities in succession, for a period of not less than 3 years and that Act has applied to him throughout the whole of that period—the officer also ceases, by force of this subsection, to be an officer at the expiration of the relevant day; (b) if the officer has, on or before the relevant day, made an election under section 5 of that Act in respect of the employment in which he is engaged on that day—the officer also ceases, by force of this subsection, to be an officer at the expiration of the relevant day; or (c) in any other case—the officer continues, by force of this subsection, to be an unattached officer until: (i) his promotion to an office in the Service takes effect; (ii) he is transferred to such an office under section 49, 50, 50DA or 53; (iii) he ceases to be an officer; or (iv) he resumes duty in the Service; whichever first occurs. (2) If a person who is an unattached officer by virtue of subsection (1) is employed by a public authority, or 2 or more public authorities in succession, for a continuous period of 3 years, he ceases to be an officer at the expiration of that period. (3) In the application of subsection (1) or (2) in relation to a person who is employed by a public authority on the relevant day, any period (which may be, or may include, a period before the commencing day) ended on the day immediately preceding the relevant day during which the Officers’ Rights Declaration Act 1928 applied to him in respect of his employment by a body shall be deemed to be a period during which he was employed by a public authority. (4) The Board may, if it thinks fit, determine that this section shall have effect in relation to an officer, or officers included in a class of officers, as if references in this section to 3 years were references to such longer period as the Board specifies in the determination. (5) Where an officer who is engaged in eligible Commonwealth employment ceases, under subsection (1), to be an officer upon his ceasing to be a person to whom the repealed Officers’ Rights Declaration Act 1928 applies, but does not also cease to be engaged in eligible Commonwealth employment, he retains, in respect of the employment in which he is engaged, such rights (if any) in respect of leave of absence for recreation and leave of absence on account of illness as had accrued to him immediately before he so ceased to be an officer.