15Certain affected employees taken to have resigned

15 Certain affected employees taken to have resigned

(1) This section applies if: (a) a State, or an authority of a State, starts to operate a repatriation institution in the State under an agreement with the Commission; and (b) at a time before the staff transfer day (including a time before the commencement), the State, the authority or another authority of the State made an offer of continuing employment to a person who was an affected employee of the institution at that time; and (c) the person was an affected employee of the institution immediately before the staff transfer day. (2) By force of this subsection, the person is taken to resign from the Service at the start of the staff transfer day if, before the staff transfer day, the person accepted the offer and the acceptance is still effective at the start of the staff transfer day. (3) By force of this subsection, the person is taken to resign from the Service at the start of the staff transfer day if: (a) the offer was an offer of a comparable job, determined by reference to the time at which the offer was made; and (b) either: (i) the person did not accept the offer before the start of the staff transfer day; or (ii) the person accepted the offer before the start of the staff transfer day but the acceptance is not still effective at the start of the staff transfer day, otherwise than because of the withdrawal of the offer; and (c) the person is not taken by subsection (2) to resign from the Service because of the application of this section in relation to another offer of employment made to the person.