114Appellable promotions: making of appeals and consequential promotions under subsection 50D (5) of the Act

114 Appellable promotions: making of appeals and consequential promotions under subsection 50D (5) of the Act (1) In this regulation, “notice of appeal”l means a notice referred to in paragraph (3) (a). (2) For the purposes of subsection 50B (1A) of the Act, the filling, by promotion, of an office the vacancy of which was not notified in the Gazette is a prescribed circumstance. (3) For the purposes of subsection 50B (3) of the Act, an appeal against a promotion under subsection 50 (1) of the Act: (a) shall be by notice in writing addressed to the Agency; and (b) shall be made by delivering the notice of appeal in respect of that promotion to the relevant address before the relevant time on the fourteenth day after the day of notification of that promotion in the Gazette. (4) For the purposes of subregulation (3): (a) the relevant address; and (b) the relevant time; in relation to the delivery of a notice of appeal in respect of an appeal against a promotion to an office, are the relevant address and the relevant time, respectively, determined by the Agency by notice published in the Gazette, in respect of appeals against promotions to that office or to a specified class of offices that includes that office. (5) A determination under subregulation (4): (a) may describe an office by reference to its location in a State, Territory or other place (whether within or outside Australia); (b) may specify a relevant time in respect of appeals against promotions to an office located in one place that differs from the time so specified in respect of appeals against promotions to an office located in another place or places. (6) Where an officer whose appeal has been allowed is promoted under subsection 50D (5) of the Act, that promotion takes effect, subject to regulation 110, on the day on which the appeal is allowed.