V.  Australien.  1409  851.  Australia.

84.  When  any  department  of  the  public  service  of  a  State  becomes  transferred
to  the  Commonwealth  all  officers  of  the  department  shall  become  subject  to  the
control  of  the  Executive  Government  of  the  Commonwealth.

Any  such  officer  who  is  not  retained  in  the  service  of  the  Commonwealth  shall,
unless  he  is  appointed  to  some  other  office  of  equal  emolument  in  the  public  service
of  the  State,  be  entitled  to  receive  from  the  State  any  pension,  gratuity,  or  other
compensation  payable  under  the  law  of  the  State  on  the  abolition  of  his  office.

Any  such  officer  who  is  retained  in  the  service  of  the  Commonwealth  shall
preserve  all  his  existing  and  accruing  rights,  and  shall  be  entitled  to  retire  from  office
at  the  time,  and  on  the  pension  or  retiring  allowance  which  would  be  permitted  by
the  law  of  the  State  if  his  service  with  the  Commonwealth  were  a  continuation  of
his  service  with  the  State.  Such  pension  or  retiring  allowance  shall  be  paid  to  him
by  the  Commonwealth;  but  the  State  shall  pay  to  the  Commonwealth  a  part  thereof,
to  be  calculated  on  the  proportion  which  his  term  of  service  with  the  State  bears
to  his  whole  term  of  service  and  for  the  purpose  of  the  calculation  his  salary  shall
be  taken  to  be  that  paid  to  him  by  the  State  at  the  time  of  the  transfer.

Any  officer  who  is,  at  the  establishment  of  the  Commonwealth,  in  the  public
service  of  a  State,  and  who  is,  by  consent  of  the  Governor  of  the  State,  with  the
advice  of  the  Executive  Council  thereof,  transferred  to  the  public  service  of  the
Commonwealth,  shall  have  the  same  rights  as  if  he  had  been  an  officer  of  a  department
  transferred  to  the  Commonwealth  and  were  retained  in  the  service  of  the
Commonwealth.

85.  When  any  department  of  the  public  service  of  a  State  is  transferred  to
the  Commonwealth—

(I.)  All  property  of  the  State,  of  any  kind,  ased  exclusively  in  connexion  with
the  department,  shall  become  vested  in  the  Commonwealth;  but,  in  the  case  of  the
departments  controlling  customs  and  excise  and  bounties,  for  such  time  only  as  the
Governor-General  in  Council  may  declare  to  be  necessary.

(II.)  The  Commonwealth  may  acquire  any  property  of  the  State,  of  any  kind,
used,  but  not  exclusively  used,  in  connexion  with  the  department;  the  value  thereof
shall,  if  no  agreement  can  bemade,  beascertained  in,  as  nearly  as  may  be,  the  manner
in  which  the  value  of  land,  or  of  an  interest  in  land,  taken  by  the  State  for  public
purposes  is  ascertained  under  the  law  of  the  State  in  force  at  the  establishment  of
the  Commonwealth.

(III.)  The  Commonwealth  shall  compensate  the  State  for  the  value  of  any
property  passing  to  the  Commonwealth  under  this  section;  if  no  agreement  can  be
made  as  to  the  mode  of  compensation,  it  shall  be  determined  under  laws  to  be  made
by  the  Parliament.

(IV.)  The  Commonwealth  shall,  at  the  date  of  the  transfer,  assume  the  current
obligations  of  the  State  in  respect  of  the  department  transferred.

86.  On  the  establishment  of  the  Commonwealth,  the  collection  and  control
of  duties  of  customs  and  of  excise,  and  the  control  of  the  payment  of  bounties,  shall
pass  to  the  Executive  Government  of  the  Commonwealth.

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