167Modification and adaptation of certain provisions of the Act

167 Modification and adaptation of certain provisions of the Act The provisions of the Act specified in regulation 166 are modified and adapted for the purposes of section 63T of the Act and that regulation as follows: (a) section 55: (iv) by omitting from subsection (1) the definition of “original office” and substituting the following definition: > “original office means, in the case of a person: (a) who has been dismissed from employment under section 62, 63 or 63M; or (b) who has been transferred to other duties under section 62, 63 or 63D; the duties performed by him immediately before his dismissal or transfer, as the case may be;” (v) by omitting subsection (2); (vi) by inserting in subsection (3) “or by performing duties as an employee in a Department” after “a Department”; and (vii) by omitting subsection (4); (b) section 56 — by omitting from paragraph (g) “appointment to the Service” and substituting “employment under this Act”; (c) the heading to Subdivision C of Division 6 of Part III — by omitting “other than Secretaries of Departments”; (e) section 62: (i) by omitting from subparagraph (iii) of paragraph (a) of subsection (6) “occupies an office” and substituting “performs duties”; (ii) by omitting from subparagraph (iv) of paragraph (a) of subsection (6) all the words after “to” and substituting “other duties for which he is qualified (whether at the same or a different locality);”; (iii) by omitting from subparagraph (v) of paragraph (a) of subsection (6) all the words and figures after “officer” and substituting “to other duties for which he is qualified (whether at the same or a different locality) and causing a sum, not exceeding $500, to be deducted from his salary;”; (iv) by omitting from subparagraph (vi) of paragraph (a) of subsection (6) “occupies an office” and substituting “performs duties”; (v) by omitting from subparagraph (vi) of paragraph (a) of subsection (6) “to a specified office (whether at the same or a different locality), being an office for which he is qualified and which has the same classification as the classification of the office held by him” and substituting “to other duties for which he is qualified (whether at the same or a different locality)”; (vi) by omitting from subparagraph (vii) of paragraph (a) of subsection (6) all the words after “officer” and substituting “to other duties for which he is qualified (whether at the same or a different locality) and the salary or the salary range applicable to which is lower than his salary immediately before the inquiry;”; and (vii) by omitting from paragraph (b) of subsection (6) “the Service” and substituting “his employment”; (f) section 63: (ii) by omitting paragraph (c) of subsection (1) and substituting the following paragraph: “(c) direct that there be taken, in the case of an employee, action by way of transferring him to other duties for which he is qualified (whether at the same or a different locality) and the salary or salary range applicable to which is the same as or lower than that applicable to the duties of the employee immediately before the Secretary so directs; or”; and (iii) by omitting from paragraph (d) of subsection (1) “the Service” and substituting “his employment”; (i) section 63C: (i) by omitting from subsection (7) “outside the Service”; (ii) by omitting from subsection (8) “outside the Service”; (iii) by omitting from subsection (10) “the Service” and substituting “his employment”; (iv) by omitting from subsection (11) “the Service” and substituting “his employment”; and (v) by omitting from subsection (12) “the Service” and substituting “his employment”; (l) section 63F: (i) by omitting from subsection (2) “the Service” (first occurring) and substituting “his employment”; (ii) by omitting from subsection (2) “re-appointment to the Service” and substituting “re-employment or re‑engagement”; (iii) by omitting from subsection (3) “another office” and substituting “other duties”; (iv) by omitting from paragraph (a) of subsection (4) “the Service” and substituting “his employment”; (v) by omitting from paragraph (b) of subsection (4) “re-appointed to the Service” and substituting “re‑employed or re-engaged under the Act”; (vi) by omitting from paragraph (a) of subsection (6) “re‑appointed to the Service, or transferred or promoted to” and substituting “re-employed or re‑engaged under the Act or transferred”; (vii) by omitting from paragraph (a) of subsection (6) “so re-appointed, transferred or promoted” and substituting “so re-employed, re-engaged or transferred”; (viii) by omitting from paragraph (b) of subsection (8) “re-appointed to the service, or be transferred or promoted” and substituting “re-employed or re‑engaged under the Act or be transferred”; (ix) by omitting from subparagraph (1), (ii) and (iii) of paragraph (a) of subsection (9) “appoint the applicant to the Service” and substituting “employ or engage the applicant”; (x) by omitting from subparagraph (i) of paragraph (a) of subsection (9) “another office” and substituting “elsewhere”; (xi) by omitting from subparagraph (iii) of paragraph (a) of subsection (9) “another office” and substituting “elsewhere”; (xii) by inserting in subsection (10) “or re-engaged or re‑employed” after “Service” (first occurring); (xiii) by inserting in subsection (10) “or re-engage or re‑employ that person” after “Service” (second occurring); (xiv) by omitting from subsection (11) “the Service, is re‑appointed to the Service” and substituting “his employment, is re-employed or re-engaged”; (xv) by omitting from subsection (11) “so re-appointed” and “in the Service” and substituting “so re‑employed or re-engaged” and “in that employment” respectively; and (xvi) by omitting from subsection (12) all the words after “means” and substituting “employment the duties of which were performed by that person or officer, equivalent employment, or, if such employment is not available, employment determined by the Board to be as nearly as possible equivalent to the duties in which that person or officer was originally employed or engaged”; (m) section 63G: (i) by omitting from subparagraph (iii) of paragraph (a) of subsection (1) “another office” and substituting “other duties”; (ii) by omitting from subparagraph (iv) of paragraph (a) of subsection (1) “the Service” and substituting “his employment”; (iii) by omitting from paragraph (b) of subsection (1) “the Service” and substituting “his employment”; (iv) by omitting from paragraph (a) of subsection (7) “the Service” (first occurring) and substituting “his employment”; (v) by omitting subparagraph (i) of paragraph (a) of subsection (7) and substituting the following subparagraph: “(i) re-employ or re-engage the person in an appropriate office within the meaning of subsection 63F (12);”; (vi) by omitting paragraph (b) of subsection (7) and substituting the following paragraph: “(b) in relation to a person who had been transferred — direct that he be transferred to an appropriate office within the meaning of subsection 63F (12).”; (vii) by omitting from subsection (9) “the Service, is re‑appointed to the Service” and substituting “his employment, is re-employed or re-engaged”; and (viii) by omitting from subsection (9) “so re-appointed” and “in the Service” and substituting “so re‑employed or re-engaged” and “in that employment” respectively; (n) section 63J — by omitting the definition of “unattached officer” in subsection (1); (o) section 63K — by omitting from subsection (3) “the Service” and substituting “his employment”; (p) section 63L — by omitting from subsection (3) “the Service” (last occurring) and substituting “his employment”; and (q) section 63M — by omitting from subsection (1) “the Service” (last occurring) and substituting “employment”.