71ADeclaration for the purposes of subsection 33 (3) of the Act: age requirement under State or Territory laws

71A Declaration for the purposes of subsection 33 (3) of the Act: age requirement under State or Territory laws Discrimination on the grounds of age in relation to the exercise of a power under the Act in respect of the appointment of a person to an office where the employment of that person in that office would be inconsistent with a law of a State or Territory specifying the minimum age a person is required to attain before that person may be employed, being discrimination that is essential for the effective performance of the duties to which the appointment relates and that is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984, is declared not to be discrimination for the purposes of subsection 33 (3) of the Act. 71AA Declaration for the purposes of subsection 33 (3) of the Act: certain matters related to appointment, transfer or promotion > Electoral Commissioner has the same meaning as in the Commonwealth Electoral Act 1918. (2) Discrimination on the ground of political affiliation in relation to the exercise of a power under the Act in respect of: (a) the appointment or transfer of a person to an office in, or as an unattached officer to; or (b) the promotion of a person to an office in; the Australian Electoral Commission is declared not to be discrimination against a person for the purposes of subsection 33 (3) of the Act, if: (c) the discrimination is essential for the effective performance of the duties: (i) in the case of an unattached officer — that the person will perform for the purposes of the Commission; and (ii) in any other case — of the office; (d) the discrimination is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (e) the Electoral Commissioner has determined in writing that those duties could not be performed by a person who is actively engaged in electoral or political affairs; and (f) the Electoral Commissioner has requested in writing from the person a written undertaking that he or she will refrain from active engagement in electoral or political affairs when performing the duties; and (g) the person has not given the Electoral Commissioner an undertaking referred to in paragraph (f). 71B Approved programs for paragraph 33 (4) (b) of the Act (1) For paragraph 33 (4) (b) of the Act, a program is an approved program if the purpose of the program is to encourage the appointment to the Service of persons who are: (a) members of the aboriginal race of Australia; or (b) descendants of indigenous inhabitants of the Torres Strait Islands. (2) The program known as the Intellectual Disability Access Program to encourage the appointment to the Service of persons who have intellectual disabilities is declared to be an approved program for the purposes of paragraph 33 (4) (b) of the Act. Division IV Miscellaneous 72A Duties of Board It shall be the duty of the Board to inquire into or investigate any matter in relation to the Public Service, which, in the opinion of the Board, should be inquired into or investigated. 74D Fee relating to attachment of salaries of officers For the purposes of subsection 64 (4) of the Act, the prescribed rate is $35. Part III Review of certain decisions and investigation of grievances Division 1 Interpretation of Part III