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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 120

Staff

  (1)   The Chairperson may, on behalf of ASIC, employ under written agreements such permanent, temporary or casual staff as the Chairperson considers necessary for the performance or exercise of any of ASIC's functions or powers.

  (2)   The terms and conditions of employment (including as to remuneration) are to be determined by the Chairperson.

Staff transferred under a machinery of government change

  (3)   If:

  (a)   a person is covered by a determination made under paragraph   72(1)(b) of the Public Service Act 1999 ; and

  (b)   the determination causes the person to transfer to ASIC by causing the person to:

  (i)   cease to be an APS employee; and

  (ii)   become a non - APS employee (within the meaning of subsection   72(6) of that Act) of ASIC;

the person is taken to be employed under subsection   (1) of this section.

Note:   This means the person becomes a staff member (as defined in section   5) at the time the person becomes a non - APS employee of ASIC under the determination.

  (4)   Despite subsection   (2), during the period that subsection   72(3) of the Public Service Act 1999 has effect for the person in relation to the transfer, the person is entitled to the remuneration and other conditions of employment referred to in subsection   72(3) of that Act.

Note:   For when this period ends, see subsection   72(4) of that Act.



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