Public Employment (Consequential and Transitional) Amendment Act 1999
No. 146, 1999
Public Employment (Consequential and Transitional) Amendment Act 1999
No. 146, 1999
An Act to deal with consequential and transitional matters arising from the repeal of the Public Service Act 1922 and the enactment of the Public Service Act 1999, and for other purposes
Contents
Part 1—Preliminary
1 Short title...................................
2 Commencement...............................
Part 2—Repeals and amendments
3 Schedule(s)..................................
Part 3—Transitional provisions
4 Interpretation.................................
5 Conversion of officers, employees etc...................
6 Rights under Part IV of the old Act—first tier..............
7 Rights under Part IV of the old Act—second tier............
8 Retirement and redeployment of Secretaries...............
9 Determinations under section 82D of the old Act............
10 Misconduct..................................
11 Secretaries of core Departments......................
12 Parliamentary Departments.........................
13 References in statutory instruments to “officer” etc...........
14 Regulations..................................
Schedule 1—Repeals and amendments
Aboriginal and Torres Strait Islander Commission Act 1989
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Aboriginal and Torres Strait Islander Heritage Protection Act 1999
Aboriginal Councils and Associations Act 1976
Aboriginal Land Rights (Northern Territory) Act 1976
ACIS Administration Act 1999
Acts Interpretation Act 1901
Administrative Appeals Tribunal Act 1975
Administrative Arrangements Act 1987
Administrative Decisions (Judicial Review) Act 1977
Affirmative Action (Equal Employment Opportunity for Women) Act 1986
Aged Care Act 1997
Aged Care Income Testing Act 1997
Agricultural and Veterinary Chemicals (Administration) Act 1992
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994
Aircraft Noise Levy Collection Act 1995
Airline Equipment (Loan Guarantee) Act 1972
Airline Equipment (Loan Guarantee) Act 1976
Airline Equipment (Loan Guarantee) Act 1977
Airline Equipment (Loan Guarantee) Act 1978
Airline Equipment (Loan Guarantee) Act (No. 2) 1978
Airline Equipment (Loan Guarantee) Act 1980
Airline Equipment (Loan Guarantee) Act 1981
Airports Act 1996
Air Services Act 1995
Albury‑Wodonga Development Act 1973
A New Tax System (Australian Business Number) Act 1999
A New Tax System (Commonwealth-State Financial Arrangements) Act 1999
ANL Guarantee Act 1994
Anti-Personnel Mines Convention Act 1998
Archives Act 1983
Auditor‑General Act 1997
Australia Council Act 1975
Australia‑Japan Foundation Act 1976
Australian Bicentennial Road Development Trust Fund Act 1982
Australian Broadcasting Corporation Act 1983
Australian Bureau of Statistics Act 1975
Australian Capital Territory Government Service (Consequential Provisions) Act 1994
Australian Capital Territory (Planning and Land Management) Act 1988
Australian Centre for International Agricultural Research Act 1982
Australian Communications Authority Act 1997
Australia New Zealand Food Authority Act 1991
Australian Federal Police Act 1979
Australian Film Commission Act 1975
Australian Film, Television and Radio School Act 1973
Australian Hearing Services Act 1991
Australian Heritage Commission Act 1975
Australian Industry Development Corporation Act 1970
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
Australian Institute of Health and Welfare Act 1987
Australian Institute of Marine Science Act 1972
Australian Land Transport Development Act 1988
Australian Land Transport (Financial Assistance) Act 1985
Australian Law Reform Commission Act 1996
Australian Maritime Safety Authority Act 1990
Australian Meat and Live-stock Industry Act 1997
Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997
Australian Meat and Live-stock (Quotas) Act 1990
Australian National Maritime Museum Act 1990
Australian National Railways Commission Act 1983
Australian National Training Authority Act 1992
Australian Nuclear Science and Technology Organisation Act 1987
Australian Protective Service Act 1987
Australian Prudential Regulation Authority Act 1998
Australian Radiation Protection and Nuclear Safety Act 1998
Australian Securities and Investments Commission Act 1989
Australian Security Intelligence Organisation Act 1979
Australian Space Council Act 1994
Australian Sports Commission Act 1989
Australian Sports Drug Agency Act 1990
Australian Tourist Commission Act 1987
Australian Trade Commission Act 1985
Australian War Memorial Act 1980
Australian Wine and Brandy Corporation Act 1980
Australian Wool Research and Promotion Organisation Act 1993
Bank Integration Act 1991
Bankruptcy Act 1966
Bounty (Books) Act 1986
Broadcasting Services Act 1992
Chemical Weapons (Prohibition) Act 1994
Child Support (Assessment) Act 1989
Child Support (Registration and Collection) Act 1988
Christmas Island Act 1958
Civil Aviation Act 1988
Classification (Publications, Films and Computer Games) Act 1995
Cocos (Keeling) Islands Act 1955
Commonwealth Authorities and Companies Act 1997
Commonwealth Bank Sale Act 1995
Commonwealth Electoral Act 1918
Commonwealth Grants Commission Act 1973
Commonwealth Inscribed Stock Act 1911
Commonwealth Legal Aid Act 1977
Commonwealth Serum Laboratories Act 1961
Commonwealth Services Delivery Agency Act 1997
Commonwealth Superannuation Board Act 1999
Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997
Complaints (Australian Federal Police) Act 1981
Constitutional Convention (Election) Act 1997
Construction Industry Reform and Development Act 1992
Co‑operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978
Copyright Act 1968
Corporate Law Economic Reform Program Act 1998
Council for Aboriginal Reconciliation Act 1991
Crimes Act 1914
Crimes (Aviation) Act 1991
Criminology Research Act 1971
CSL Sale Act 1993
Customs Act 1901
Customs Administration Act 1985
Dairy Produce Act 1986
Debits Tax Administration Act 1982
Defence Act 1903
Defence Force Discipline Act 1982
Defence Force Discipline Appeals Act 1955
Defence Force Retirement and Death Benefits Act 1973
Defence Housing Authority Act 1987
Defence Service Homes Act 1918
Defence (Special Undertakings) Act 1952
Defence (Visiting Forces) Act 1963
Designs Act 1906
Development Allowance Authority Act 1992
Director of Public Prosecutions Act 1983
Disability Discrimination Act 1992
Disability Services Act 1986
Education Legislation Amendment Act 1997
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991
Employment, Education and Training Act 1988
Employment Services Act 1994
Endangered Species Protection Act 1992
Environment Protection (Alligator Rivers Region) Act 1978
Environment Protection and Biodiversity Conservation Act 1999
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
Evidence Act 1995
Excise Tariff Act 1921
Family Law Act 1975
Federal Airports Corporation Act 1986
Federal Court of Australia Act 1976
Federal Magistrates Act 1999
Film Licensed Investment Company Act 1998
Financial Management and Accountability Act 1997
Financial Transaction Reports Act 1988
Financial Sector Reform (Amendments and Transitional Provisions) Act 1998
First Home Owners Act 1983
Fisheries Management Act 1991
Foreign Evidence Act 1994
Forestry and Timber Bureau Act 1930
Freedom of Information Act 1982
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
Fringe Benefits Tax Assessment Act 1986
Governor‑General Act 1974
Great Barrier Reef Marine Park Act 1975
Hazardous Waste (Regulation of Exports and Imports) Act 1989
Health Insurance Act 1973
Health Insurance Commission Act 1973
High Court of Australia Act 1979
Horticultural Policy Council Act 1987
Housing Assistance Act 1996
Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990
Human Rights and Equal Opportunity Commission Act 1986
Immigration (Education) Act 1971
Income Tax Assessment Act 1936
Income Tax Assessment Act 1997
Industrial Chemicals (Notification and Assessment) Act 1989
Industry Research and Development Act 1986
Inspector‑General of Intelligence and Security Act 1986
International Air Services Commission Act 1992
International Transfer of Prisoners Act 1997
Judiciary Act 1903
Lands Acquisition Act 1989
Legislative Instruments Act 1997
Long Service Leave (Commonwealth Employees) Act 1976
Management and Investment Companies Act 1983
Maternity Leave (Commonwealth Employees) Act 1973
Meat Inspection Arrangements Act 1964
Members of Parliament (Staff) Act 1984
Merit Protection (Australian Government Employees) Act 1984
Migration Act 1958
Migration Legislation Amendment (Migration Agents) Act 1997
Motor Vehicle Standards Act 1989
National Crime Authority Act 1984
National Environment Protection Council Act 1994
National Gallery Act 1975
National Health Act 1953
National Health and Medical Research Council Act 1992
National Labour Consultative Council Act 1977
National Library Act 1960
National Museum of Australia Act 1980
National Occupational Health and Safety Commission Act 1985
National Parks and Wildlife Conservation Act 1975
National Roads Act 1974
National Road Transport Commission Act 1991
National Transmission Network Sale Act 1998
Native Title Act 1993
Natural Heritage Trust of Australia Act 1997
Natural Resources Management (Financial Assistance) Act 1992
Naval Defence Act 1910
Norfolk Island Act 1979
Nuclear Non‑Proliferation (Safeguards) Act 1987
Occupational Health and Safety (Commonwealth Employment) Act 1991
Occupational Health and Safety (Maritime Industry) Act 1993
Office of National Assessments Act 1977
Ombudsman Act 1976
Overseas Students (Refunds) Act 1990
Ozone Protection Act 1989
Parliamentary Contributory Superannuation Act 1948
Parliamentary Counsel Act 1970
Patents Act 1990
Petroleum Excise (Prices) Act 1987
Petroleum Resource Rent Tax Assessment Act 1987
Plant Breeder’s Rights Act 1994
Pooled Development Funds Act 1992
Prawn Export Promotion Act 1995
Prices Surveillance Act 1983
Primary Industries Levies and Charges Collection Act 1991
Privacy Act 1988
Proceeds of Crime Act 1987
Productivity Commission Act 1998
Protection of Movable Cultural Heritage Act 1986
Public Lending Right Act 1985
Public Service Act 1922
Qantas Sale Act 1992
Racial Discrimination Act 1975
Radiocommunications Act 1992
Referendum (Machinery Provisions) Act 1984
Registration of Deaths Abroad Act 1984
Remuneration and Allowances Act 1990
Remuneration Tribunal Act 1973
Repatriation Institutions (Transfer) Act 1992
Reserve Bank Act 1959
Resource Assessment Commission Act 1989
Roads Grants Act 1974
Roads Grants Act 1980
Roads Grants Act 1981
Rural Adjustment Act 1992
Rural Adjustment Amendment Act 1999
Safety, Rehabilitation and Compensation Act 1988
Science and Industry Research Act 1949
Seafarers Rehabilitation and Compensation Act 1992
Seafarers Rehabilitation and Compensation Levy Collection Act 1992
Sea Installations Act 1987
Sex Discrimination Act 1984
Shipping Registration Act 1981
Ships (Capital Grants) Act 1987
Snowy Mountains Engineering Corporation Limited Sale Act 1993
Snowy Mountains Hydro‑electric Power Act 1949
Social Security Act 1991
Social Security (Administration) Act 1999
Special Broadcasting Service Act 1991
Special Prosecutors Act 1982
States Grants (Education Assistance—Participation and Equity) Act 1983
States Grants (Petroleum Products) Act 1965
States Grants (Roads) Act 1977
States Grants (Schools Assistance) Act 1983
States Grants (Schools Assistance) Act 1984
Stevedoring Industry Charge Assessment Act 1947
Stevedoring Levy (Collection) Act 1998
Student Assistance Act 1973
Superannuation Act 1976
Superannuation Act 1990
Superannuation Benefits (Supervisory Mechanisms) Act 1990
Superannuation Contributions Tax (Assessment and Collection) Act 1997
Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997
Superannuation Guarantee (Administration) Act 1992
Superannuation Industry (Supervision) Act 1993
Superannuation (Productivity Benefit) Act 1988
Superannuation (Resolution of Complaints) Act 1993
Sydney Airport Demand Management Act 1997
Taxation Administration Act 1953
Telecommunications Act 1997
Telecommunications (Interception) Act 1979
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997
Telstra Corporation Act 1991
Termination Payments Tax (Assessment and Collection) Act 1997
Textile, Clothing and Footwear Strategic Investment Program Act 1999
Therapeutic Goods Act 1989
Tobacco Charges Assessment Act 1955
Trade Marks Act 1995
Trade Practices Act 1974
Trade Representatives Act 1933
Transport (Planning and Research) Act 1974
Transport Planning and Research (Financial Assistance) Act 1977
Veterans’ Entitlements Act 1986
War Graves Act 1980
Wet Tropics of Queensland World Heritage Area Conservation Act 1994
Wildlife Protection (Regulation of Exports and Imports) Act 1982
Williamstown Dockyard Employees Act 1987
Wool Tax (Administration) Act 1964
Workplace Relations Act 1996
Workplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999
Public Employment (Consequential and Transitional) Amendment Act 1999
No. 146, 1999
An Act to deal with consequential and transitional matters arising from the repeal of the Public Service Act 1922 and the enactment of the Public Service Act 1999, and for other purposes
[Assented to 11 November 1999]
The Parliament of Australia enacts:
This Act may be cited as the Public Employment (Consequential and Transitional) Amendment Act 1999.
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(3) If:
(a) an item (the amending item) of a Schedule to this Act is expressed to amend another Act (the amended Act); and
(b) the whole of the amended Act is expressed to commence at one time; and
(c) at the time when the Public Service Act 1999 commences, the amended Act:
(i) has not yet been enacted; or
(ii) has been enacted but has not yet commenced;
then the amending item commences immediately after the commencement of the amended Act.
(4) If:
(a) an item (the amending item) of a Schedule to this Act is expressed to amend, or to amend a part of, a section (the amended section) of another Act; and
(b) at the time when the Public Service Act 1999 commences, the amended section:
(i) has not yet been enacted; or
(ii) has been enacted but has not yet commenced;
then the amending item commences immediately after the commencement of the amended section.
(5) If:
(a) an item (the amending item) of a Schedule to this Act is expressed to amend, or to amend a part of, a specified subsection or definition (the amended provision); and
(b) at the time when the Public Service Act 1999 commences, the amended provision:
(i) has not yet been enacted; or
(ii) has been enacted but has not yet commenced;
then the amending item commences immediately after the commencement of the amended provision.
(6) If an item (the amending item) of a Schedule to this Act is expressed to amend another Act, but that other Act is repealed at or before the commencing time, then the amending item never commences.
(7) If the Employment and Training Amendment Act 1999 commences before the commencing time, then items 402, 403 and 404 of Schedule 1 to this Act never commence. If the Employment and Training Amendment Act 1999 commences at or after the commencing time, then items 405 and 406 of Schedule 1 to this Act never commence.
(1) Subject to section 2 and this section, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(2) If, at the commencing time, subsection 43(2) of the Human Rights and Equal Opportunity Commission Act 1986 refers to the President (rather than the Commission), then the item in Schedule 1 to this Act that replaces subsection 43(2) of that Act takes effect as if “President” were substituted for “Commission” (wherever occurring) in the replacement subsection.
(3) If, at the commencing time, subsection 43(2) of the Human Rights and Equal Opportunity Commission Act 1986 refers to the Commission (rather than the President), then the first amendment of that subsection after the commencing time that substitutes “President” for “Commission” applies to “Commission” (wherever occurring).
Part 3—Transitional provisions
In this Part, unless the contrary intention appears:
Agency means an Agency within the meaning of the new Act.
Agency Head means an Agency Head within the meaning of the new Act.
APS employee means an APS employee within the meaning of the new Act.
classification includes a level.
Code of Conduct means the Code of Conduct within the meaning of the new Act.
continuing employee means a person who was a continuing employee for the purposes of Division 10 of Part III of the old Act immediately before the commencing time.
continuing SES officer means an SES officer under the old Act, other than a fixed‑term SES officer.
core Department means a Department as defined in subsection 25(9) of the old Act.
corresponding Agency means:
(a) for an unattached officer under the old Act who was included in an old Act Department under subsection 33C(2) of the old Act immediately before the commencing time:
(i) the Agency that corresponds to that Department; or
(ii) if that Department no longer existed immediately before the commencing time—the Agency that corresponds to the old Act Department that was responsible, immediately before the commencing time, for the matter to which the officer’s duties related, or mainly related, at the time when the officer last became an unattached officer; and
(b) for an officer under the old Act (other than an unattached officer)—the Agency that corresponds to the old Act Department in which the officer was an officer immediately before the commencing time; and
(c) for an employee under the old Act—the Agency that corresponds to the old Act Department in which the employee was an employee immediately before the commencing time.
disciplinary direction means a direction under section 62, 63, 63K, 63L or 63M of the old Act (including those sections as applied by regulations made for the purposes of section 63T of the old Act).
eligible public employment means eligible public employment within the meaning of Part IV of the old Act.
first‑tier person means:
(a) a person to whom Division 2 of Part IV of the old Act applied immediately before the commencing time; and
(b) a person to whom the Officers’ Rights Declaration Act 1928 applied immediately before the commencing time because of section 87TA of the old Act.
fixed‑term Secretary means a Secretary of a core Department who holds office on a fixed‑term basis.
fixed‑term SES officer means a person who held an appointment under section 44 of the old Act immediately before the commencing time.
locally engaged employee means a person engaged under section 74 of the new Act.
Merit Protection Act means the Merit Protection (Australian Government Employees) Act 1984.
modifications includes additions, omissions and substitutions.
new Act means the Public Service Act 1999.
new Act Department means a Department within the meaning of the new Act.
new Act Secretary means a Secretary within the meaning of the new Act.
non‑SES officer means an officer under the old Act, other than an SES officer.
old Act means the Public Service Act 1922.
old Act Department means a Department within the meaning of the old Act.
old Act employee means an employee within the meaning of the old Act.
old Act officer means an officer within the meaning of the old Act.
overseas engaged employee means a person engaged under section 82AF of the old Act.
Parliamentary Department means a Parliamentary Department within the meaning of section 9B of the old Act.
pre‑commencement misconduct means conduct of an old Act officer or old Act employee before the commencing time that was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act.
second-tier person means:
(a) a person to whom Division 3 of Part IV of the old Act applied immediately before the commencing time; or
(b) a person who becomes a second-tier person under subsection 6(6) of this Act.
Statutory Agency means a Statutory Agency within the meaning of the new Act.
statutory instrument means:
(a) a law of the Commonwealth (other than the new Act); or
(b) a law of a Territory; or
(c) an instrument having effect under a law covered by paragraph (a) or (b).
term employee means a person who, immediately before the commencing time, was:
(a) a short‑term or fixed‑term employee for the purposes of Division 10 of Part III of the old Act; or
(b) a person employed under section 82AG of the old Act.
transitional 82D determination means a determination under section 82D of the old Act that is in force immediately before the commencing time, subject to any amendments that are prescribed by the regulations under this Act.
transitional period, in relation to a first‑tier person, means the period that starts at the commencing time and ends at the earliest of the following times:
(a) the period prescribed by the regulations for the purposes of this paragraph;
(b) the time when the person ceases to be engaged in eligible public employment;
(c) the time when the person resigns or retires as an APS employee;
(d) the end of the relevant period (as defined in subsection 87D(5) of the old Act).
unattached Secretary has the same meaning as in the old Act.
5 Conversion of officers, employees etc.
Fixed‑term Secretaries
(1) At the commencing time, a fixed‑term Secretary becomes a Secretary of the corresponding new Act Department, as if he or she had been appointed as a Secretary under the new Act for a period equal to the unexpired part of the fixed term.
Public Service Commissioner
(2) At the commencing time, the person holding office as the Public Service Commissioner under the old Act becomes the Public Service Commissioner under the new Act, as if he or she had been appointed as the Public Service Commissioner under the new Act for a period equal to the unexpired part of his or her term under the old Act.
Merit Protection Commissioner
(3) At the commencing time, the person holding office as the Merit Protection Commissioner under the Merit Protection (Australian Government Employees) Act 1984 becomes the Merit Protection Commissioner under the new Act, as if he or she had been appointed as the Merit Protection Commissioner under the new Act for a period equal to the unexpired part of his or her term under the Merit Protection (Australian Government Employees) Act 1984.
Fixed‑term SES officer
(4) At the commencing time, a fixed‑term SES officer becomes an SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an APS employee under the new Act for a period equal to the unexpired part of the fixed term.
Continuing SES officer
(5) At the commencing time, a continuing SES officer becomes an SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an ongoing APS employee under the new Act.
Non‑SES officers
(6) At the commencing time, a non‑SES officer becomes a non‑SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an ongoing APS employee under the new Act.
Term employees
(7) At the commencing time, a term employee becomes a non‑SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an APS employee under the new Act for a period equal to the unexpired part of the period of engagement under the old Act.
Continuing employees
(8) At the commencing time, a continuing employee becomes a non‑SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification;
as if he or she had been engaged as an ongoing APS employee under the new Act.
Overseas‑engaged employees
(9) At the commencing time, an overseas‑engaged employee becomes a non‑SES employee:
(a) in the corresponding Agency; and
(b) in an equivalent capacity;
as if he or she had been engaged as a locally engaged employee under the new Act.
New Act applies
(10) Except where this Act expressly provides otherwise, the new Act applies to a person who is taken, under this section, to have been appointed or engaged under the new Act in the same way as it applies to persons actually engaged or appointed under the new Act.
6 Rights under Part IV of the old Act—first tier
(1) During the transitional period, a first‑tier person is taken to be absent from duty as an APS employee, on leave without pay.
(2) Service by a first‑tier person in eligible public employment during the transitional period is counted, for the purposes of accrual of recreation leave credits and sick leave credits, as if it were service as an APS employee.
(3) A first‑tier person is taken to have resigned as an APS employee at the end of the transitional period unless, before the end of the transitional period:
(a) the person has given notice in writing to the Agency Head, stating that the person intends to resume duties as an APS employee on the first working day after the end of the transitional period; or
(b) the person has been granted leave for a period that consists of, or includes, the first working day after the end of the transitional period.
(4) If a person:
(a) gives a notice under paragraph (3)(a) of this section; and
(b) is absent from duty without leave on the first working day after the end of the transitional period;
the person is taken to have resigned as an APS employee at the end of that first working day.
(5) If a person would have ceased to be an officer under the old Act at a particular time because of section 87JA or 87JB of the old Act (if the old Act had not been repealed), then the person is taken to have resigned as an APS employee at that time.
(6) If the transitional period for a first-tier person ends at the end of the relevant period (as defined in subsection 87D(5) of the old Act), then the person becomes a second-tier person at the end of that relevant period.
7 Rights under Part IV of the old Act—second tier
(1) A second‑tier person is entitled to be engaged as an APS employee, in accordance with the regulations, within the time limits prescribed by the regulations.
(2) Regulations made for the purposes of subsection (1) may prescribe exceptions to the entitlement.
8 Retirement and redeployment of Secretaries
Subject to any modifications prescribed by the regulations, Division 8A of Part III of the old Act continues to apply (as if the old Act had not been repealed) to a person who was an unattached Secretary under the old Act immediately before the commencing time.
9 Determinations under section 82D of the old Act
(1) At the commencing time, each Agency Head is taken to have made a determination (a continued determination) under section 24 of the new Act containing the terms of each transitional 82D determination.
(2) A continued determination may be amended or revoked by the Agency Head in the same way as if it had actually been made under section 24 of the new Act.
(3) Unless it is sooner revoked, a continued determination (including any amendments made by an Agency Head under section 24 of the new Act) ceases to be in force on the third anniversary of the commencing time.
(1) An Agency Head may, under section 15 of the new Act, impose the same sanctions on an APS employee in the Agency for pre‑commencement misconduct as the Agency Head could have imposed on the employee for that conduct under that section if the conduct had happened after the commencing time.
(2) Subsection (1) does not apply to conduct for which a person was charged under the old Act before the commencing time.
(3) For the purposes of this section, the procedures referred to in section 15 of the new Act apply in determining whether:
(a) conduct was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act; and
(b) conduct would have been a breach of the Code of Conduct if the conduct had happened after the commencing time.
11 Secretaries of core Departments
(1) At the commencing time, the name of each Secretary of a core Department is amended by changing “Secretary to” to “Secretary of”.
(2) In any statutory instrument:
(a) a reference to the Secretary to a Department includes a reference to the Secretary of a Department; and
(b) a reference to the Secretary to a specified Department includes a reference to the Secretary of the specified Department.
(1) The Parliamentary Departments continue in existence, and the old Act, the Merit Protection Act and other Acts continue to apply in relation to the Parliamentary Departments as if the old Act and the Merit Protection Act had not been repealed.
(2) In any Act (other than the Privacy Act 1988):
(a) a replacement reference to an Agency is to be read as including a reference to a Parliamentary Department; and
(b) a replacement reference to an Agency Head (not including a reference to the Agency Head of a particular Agency) is to be read as including a reference to the Secretary (within the meaning of the old Act) of a Parliamentary Department.
(3) This section has effect subject to any modifications prescribed by the regulations.
(4) This section does not, by implication, limit section 14.
(5) In this section:
replacement reference means a reference that resulted from an amendment made by this Act or by regulations under this Act.
13 References in statutory instruments to “officer” etc.
(a) references in general terms to an officer include references to a new Act Secretary or an APS employee; and
(b) references to an officer of the Commonwealth include references to a new Act Secretary or an APS employee; and
(c) references to an officer or employee of a particular Department or Statutory Agency include references to an APS employee in that Department or Statutory Agency; and
(d) references to a person occupying, holding or performing the duties of an office in a particular Department or Statutory Agency include references to an APS employee in that Department or Statutory Agency; and
(e) references to an employee of a particular Department include references to a locally engaged employee in that Department; and
(f) references in general terms to an office include references to a position occupied by an APS employee; and
(g) references to an office in a particular Department or Statutory Agency include references to a position occupied by an APS employee in that Department or Statutory Agency.
(2) If a reference in a statutory instrument to “the Department” is read as a reference to a particular Department because of subsection 19A(3) of the Acts Interpretation Act 1901, then that reference to “the Department” is a reference to a particular Department for the purposes of this section.
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The following subsections do not, by implication, limit subsection (1).
(3) Regulations may be made:
(a) in relation to the continuation of the following things under the old Act or the Merit Protection Act, and their effects under the new Act:
(i) processes relating to appointment, re‑instatement, transfer, promotion, advancement, classification or retirement;
(ii) inquiries into pre‑commencement misconduct for which a person was charged under the old Act before the commencing time;
(iii) appeals against disciplinary directions;
(iv) the performance of functions under Subdivision FA of Division 2 of Part II of the Merit Protection Act;
(v) the review of decisions under Division 3 of Part II of the Merit Protection Act;
(vi) the investigation of grievances under Division 4 of Part II of the Merit Protection Act; and
(b) in relation to the continuation under the new Act of suspensions that were in force under the old Act immediately before the commencing time; and
(c) in relation to:
(i) the review of decisions made under the old Act before the commencing time; and
(ii) the effects, under the new Act, of those reviews; and
(iii) the powers available to a person or body conducting such a review; and
(d) providing for the powers available to a person conducting a review referred to in paragraph (c); and
(e) in relation to arrangements, agreements and other things under Division 9 of Part III of the old Act; and
(f) for other matters of a transitional or saving nature arising from:
(i) the repeal of the old Act or the Merit Protection Act; or
(ii) the transition from the old Act to the new Act;
including such matters arising from the amendments made by a Schedule to this Act or from amendments made by regulations under this section.
(4) Regulations made under subsection (3):
(a) may provide for the old Act or the Merit Protection Act to continue in force for the purposes of the regulations, even though those Acts are repealed by this Act; and
(b) prevail over the old Act, the new Act, the Merit Protection Act and section 13 of this Act, to the extent of any inconsistency.
(5) The regulations may:
(a) amend other Acts, by making amendments of a kind that are consequential on the repeal of the old Act and its replacement by the new Act; and
(b) make provision of a transitional or saving nature in relation to amendments made under paragraph (a).
(6) For the purposes of the Amendments Incorporation Act 1905, amendments made by regulations under paragraph (5)(a) are to be treated as if they had been made by an Act.
(7) Regulations made under this section within one year after the commencement of this section may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this section.
(8) This section does not, by implication, limit any other section of this Act that provides for the making of regulations.
Schedule 1—Repeals and amendments
Aboriginal and Torres Strait Islander Commission Act 1989
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the TSRA General Manager and the APS employees assisting the TSRA General Manager together constitute a Statutory Agency; and
(b) the TSRA General Manager is the Head of that Statutory Agency.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the General Manager of Aboriginal Hostels Limited, and the APS employees assisting Aboriginal Hostels Limited, together constitute a Statutory Agency; and
(b) the General Manager of Aboriginal Hostels Limited is the Head of that Statutory Agency.
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
Omit “officer” (second and third occurring), substitute “public servant”.
Aboriginal and Torres Strait Islander Heritage Protection Act 1999
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
25 Subsection 79(5) (paragraph (b) of the definition of authorised person)
Repeal the paragraph, substitute:
(b) a person appointed or engaged under the Public Service Act 1999 who is authorised in writing by the Attorney-General under this section.
Omit “a person who holds or performs the duties of a Senior Executive Service office under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.
Aboriginal Councils and Associations Act 1976
Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
Aboriginal Land Rights (Northern Territory) Act 1976
Omit “Permanent Head” (wherever occurring), substitute “Secretary”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
Omit “the officer” (wherever occurring), substitute “the public servant”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “an SES officer (within the meaning of the Public Service Act 1922)”, substitute “an SES employee”.
Insert:
17AA Definitions relating to the Australian Public Service
In any Act, unless the contrary intention appears:
acting SES employee has the same meaning as in the Public Service Act 1999.
APS employee has the same meaning as in the Public Service Act 1999.
SES employee has the same meaning as in the Public Service Act 1999.
Omit “the holder of which was, by virtue of section 25 of the Public Service Act 1922, the Secretary of a Department”, substitute “of Secretary of a Department within the meaning of the Public Service Act 1999”.
Omit “the holder of which is, by virtue of section 25 of the Public Service Act 1922, the Secretary of a Department”, substitute “of Secretary of a Department within the meaning of the Public Service Act 1999”.
Add:
(2) In this section:
officer includes an APS employee.
Add:
(2) In this section:
office includes a position occupied by an APS employee.
officer includes an APS employee.
Add:
(3) In this section:
office includes a position occupied by an APS employee.
Insert:
(2AA) In subsection (2), office includes a position occupied by an APS employee.
Add:
(2) In this section:
office includes a position occupied by an APS employee.
Administrative Appeals Tribunal Act 1975
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
Omit “the Department”, substitute “the Agency”.
Repeal the section, substitute:
24P Statutory Agency etc. for purposes of Public Service Act
For the purposes of the Public Service Act 1999:
(a) the Registrar and the APS employees assisting the Registrar together constitute a Statutory Agency; and
(b) the Registrar is the Head of that Statutory Agency.
Omit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.
Administrative Arrangements Act 1987
Omit all the words after “include, references”, substitute “to an SES employee, or acting SES employee, in the Department who is specified in the notice”.
Omit all the words after “the specified”, substitute “SES employee or acting SES employee”.
Administrative Decisions (Judicial Review) Act 1977
50 Paragraph (r) of Schedule 2
Omit “officers of the Australian Public Service”, substitute “APS employees”.
51 Paragraph (s) of Schedule 2
Repeal the paragraph.
52 Subparagraph (t)(ii) of Schedule 2
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
53 Paragraph (w) of Schedule 2
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Affirmative Action (Equal Employment Opportunity for Women) Act 1986
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
56 Clause 1 of Schedule 1 (definition of officer)
Repeal the definition.
Aged Care Income Testing Act 1997
57 Section 3 (definition of officer)
Repeal the definition.
Agricultural and Veterinary Chemicals (Administration) Act 1992
Repeal the paragraph, substitute:
(e) a person appointed or engaged under the Public Service Act 1999;
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Aircraft Noise Levy Collection Act 1995
Repeal the paragraph, substitute:
(a) an SES employee, or acting SES employee, in the Department; or
Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Repeal the paragraph, substitute:
(a) an SES employee, or acting SES employee, in the Department; or
Airline Equipment (Loan Guarantee) Act 1972
Omit “officers employed in the Commonwealth Service”, substitute “APS employees”.
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1976
Omit “officers of the Australian Public Service”, substitute “APS employees”.
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1977
Omit “officers of the Australian Public Service”, substitute “APS employees”.
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1978
Omit “officers of the Australian Public Service”, substitute “APS employees”.
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act (No. 2) 1978
Omit “officers of the Australian Public Service”, substitute “APS employees”.
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1980
Omit “officers of the Australian Public Service”, substitute “APS employees”.
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1981
Omit “officers of the Australian Public Service”, substitute “APS employees”.
Omit “officers”, substitute “APS employees”.
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department;
Repeal the subsection.
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
84 Subsection 249(7) (definition of Senior Executive Service office)
Repeal the definition.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Albury‑Wodonga Development Act 1973
86 Subsection 3(1) (definition of Australian Public Service)
Omit “service established under the Public Service Act 1922‑1973”, substitute “APS within the meaning of the Public Service Act 1999”.
Omit “for Departments”, substitute “for Agencies (within the meaning of the Public Service Act 1999)”.
Omit “those Departments”, substitute “those Agencies”.
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “the Department”, substitute “the Agency”.
Repeal the section.
A New Tax System (Australian Business Number) Act 1999
Repeal the subparagraph, substitute:
(i) an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of legislation administered by the Agency Minister (within the meaning of that Act); or
Repeal the subparagraph, substitute:
(i) an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of legislation administered by the Agency Minister (within the meaning of that Act); or
94 Section 41 (paragraph (c) of the definition of government entity)
Repeal the paragraph, substitute:
(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or
A New Tax System (Commonwealth-State Financial Arrangements) Act 1999
Omit “an SES officer (within the meaning of the Public Service Act 1922)”, substitute “an SES employee”.
Omit “an officer in the Senior Executive Service”, substitute “a person who is an SES employee or acting SES employee”.
Omit “officer”, substitute “person”.
Anti-Personnel Mines Convention Act 1998
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, whether or not in the Department;
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, whether or not in the Department;
100 Subsection 3(1) (definition of Director‑General)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “hold office under the Public Service Act 1922”, substitute “be a person appointed or engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the paragraph, substitute:
(a) the Secretary of a Department (within the meaning of the Public Service Act 1999); or
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Insert:
(1A) For the purposes of the Public Service Act 1999:
(a) the Auditor‑General and the APS employees assisting the Auditor‑General together constitute a Statutory Agency; and
(b) the Auditor‑General is the Head of that Statutory Agency.
106 Subclause 4(1) of Schedule 1
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Australia‑Japan Foundation Act 1976
Omit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.
Australian Bicentennial Road Development Trust Fund Act 1982
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Australian Broadcasting Corporation Act 1983
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Australian Bureau of Statistics Act 1975
Repeal the subparagraph, substitute:
(i) an Agency within the meaning of the Public Service Act 1999; or
Omit “appointed or employed under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1922”, substitute “engaged under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1999”.
Omit “, with the approval of the Public Service Board,”.
Repeal the subsections, substitute:
(4) For the purposes of the Public Service Act 1999:
(a) the Statistician and the APS employees assisting the Statistician together constitute a Statutory Agency; and
(b) the Statistician is the Head of that Statutory Agency.
Australian Capital Territory Government Service (Consequential Provisions) Act 1994
117 Subsection 3(1) (definition of unattached officer)
Repeal the definition.
Repeal the sections.
After “where”, insert “before the commencement of the Public Service Act 1999”.
After “Secretary” (first occurring), insert “or Agency Head (within the meaning of the Public Service Act 1999)”.
After “Secretary” (last occurring), insert “or Agency Head”.
After “Secretary”, insert “or Agency Head (within the meaning of the Public Service Act 1999)”.
After “Secretary”, insert “or Agency Head”.
Omit “The Secretary of a Department of the Australian Public Service”, substitute “An Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “Department”, substitute “Agency (within the meaning of that Act)”.
Omit “Secretary”, substitute “Agency Head”.
Repeal the Part.
Repeal the section.
Repeal the subsection, substitute:
(1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999.
Repeal the subsection.
Omit “appointment to an office or as an unattached officer”, substitute “engagement as an APS employee”.
Omit “Public Service Act”, substitute “Public Service Act 1999”.
Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.
Omit “an officer of the Australian Public Service”, substitute “an APS employee”.
Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.
Omit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.
Omit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.
Note: The heading to section 25 is replaced by the heading “Leave entitlements”.
Omit “Public Service Act”, substitute “Public Service Act 1999”.
Omit “under a provision corresponding to section 6 of this Act”.
After “Public Service Act 1922”, insert “or the Public Service Act 1999”.
Australian Capital Territory (Planning and Land Management) Act 1988
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chief Executive and the APS employees assisting the Chief Executive together constitute a Statutory Agency; and
(b) the Chief Executive is the Head of that Statutory Agency.
Australian Centre for International Agricultural Research Act 1982
Omit “office”, substitute “position”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “the Department”, substitute “the Agency”.
Australian Communications Authority Act 1997
Omit “Chairman” (wherever occurring), substitute “Chair”.
151 Section 4 (definition of Chairman)
Repeal the definition, substitute:
Chair means the Chair of the ACA.
152 Section 4 (definition of Deputy Chairman)
Repeal the definition, substitute:
Deputy Chair means the Deputy Chair of the ACA.
153 Section 16
Omit “Chairman” (wherever occurring), substitute “Chair”.
154 Subsections 17(2) and (3)
Omit “Chairman” (wherever occurring), substitute “Chair”.
155 Subsections 22(3), (4) and (5)
Omit “Chairman” (wherever occurring), substitute “Chair”.
156 Section 24
Omit “Chairman” (wherever occurring), substitute “Chair”.
157 Subsections 34(1) and (2)
Omit “Chairman” (wherever occurring), substitute “Chair”.
158 Subsection 35(1)
Omit “This subsection has effect subject to section 87E of the Public Service Act 1922.”.
159 Subsections 35(2), (3) and (4)
Omit “Chairman” (wherever occurring), substitute “Chair”.
160 Subsections 39(1), (2) and (3)
Omit “Chairman” (wherever occurring), substitute “Chair”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and
(b) the Chair is the Head of that Statutory Agency.
163 Subsections 48(4) and (5)
Omit “Chairman” (wherever occurring), substitute “Chair”.
Australia New Zealand Food Authority Act 1991
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
After “in those”, insert “Agencies,”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “the Department”, substitute “the Agency”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chairperson and the APS employees assisting the Chairperson together constitute a Statutory Agency; and
(b) the Chairperson is the Head of that Statutory Agency.
Australian Federal Police Act 1979
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Insert:
(3A) If subsection (1) or (3) would have caused the termination of a person’s return rights at a particular time after the commencement of this subsection if the Public Service Act 1922 had not been repealed, then section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 does not apply to the person after that time.
(3B) The reference in subsection (3A) to the termination of a person’s return rights is a reference to any of the following ceasing to apply to the person:
(a) Part IV of the Public Service Act 1922;
(b) Division 3 of Part IV of the Public Service Act 1922;
(c) the Officers’ Rights Declaration Act 1928.
Australian Film Commission Act 1975
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Australian Film, Television and Radio School Act 1973
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Australian Hearing Services Act 1991
174 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)
Omit “an officer or employee, within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
175 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)
Omit “within the meaning of that Act”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “the Department”, substitute “the Agency”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
After “in those”, insert “Agencies,”.
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Australian Heritage Commission Act 1975
181 Subsection 3(1) (definition of Department)
Omit “a department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
Omit “full‑time officers or employees of the Australian Public Service”, substitute “persons appointed or engaged on a full‑time basis under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.
Omit “Department of the Commonwealth Government”, substitute “Agency (within the meaning of the Public Service Act 1999)”.
Omit “the Department”, substitute “the Agency”.
Australian Industry Development Corporation Act 1970
Repeal the section.
187 Subsection 34E(6) (paragraph (c) of the definition of associated person)
Repeal the paragraph, substitute:
(c) a person appointed or engaged under the Public Service Act 1999; or
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee, whether or not in the Department of Finance;
Repeal the subsection.
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee, whether or not in the Department;
Repeal the subsection.
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Principal and the APS employees assisting the Principal together constitute a Statutory Agency; and
(b) the Principal is the Head of that Statutory Agency.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Australian Institute of Health and Welfare Act 1987
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Australian Institute of Marine Science Act 1972
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Australian Land Transport Development Act 1988
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Australian Land Transport (Financial Assistance) Act 1985
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Australian Law Reform Commission Act 1996
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Australian Maritime Safety Authority Act 1990
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “, or Associate Secretary,”.
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department.
Australian Meat and Live-stock Industry Act 1997
207 Subsection 70(3) (definition of SES employee)
Repeal the definition.
Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997
208 Item 10 of Schedule 5 (definition of officer)
Repeal the definition, substitute:
officer means a person in the Department who is engaged under the Public Service Act 1999.
209 Item 23 of Schedule 5 (definition of officer)
Repeal the definition, substitute:
officer means a person in the Department who is engaged under the Public Service Act 1999.
Australian Meat and Live-stock (Quotas) Act 1990
Omit “an officer, within the meaning of the Public Service Act 1922, or to an APS employee, within the meaning of the Public Service Act 1997”, substitute “a person engaged under the Public Service Act 1999”.
Australian National Maritime Museum Act 1990
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “Department” (last occurring), substitute “Agency”.
Australian National Railways Commission Act 1983
216 Subsection 67AZB(5) (paragraph (c) of the definition of associated person)
Repeal the paragraph, substitute:
(c) a person appointed or engaged under the Public Service Act 1999; or
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee, whether or not in the Department of Finance;
Repeal the subsection.
Australian National Training Authority Act 1992
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “of a Department of the Australian Public Service or”.
Insert:
(aa) a person appointed or engaged under the Public Service Act 1999 who is made available to the Authority to perform the duties of Chief Executive Officer; or
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
224 Subsections 45(5), (6) and (7)
Repeal the subsections, substitute:
(5) For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
Omit “of Departments of the Australian Public Service, and”.
Insert:
(aa) persons appointed or engaged under the Public Service Act 1999 whose services are made available to the Authority in connection with the performance or exercise of any of its functions or powers; and
Australian Nuclear Science and Technology Organisation Act 1987
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “that Department”, substitute “that Agency”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “that Department”, substitute “that Agency”.
Australian Protective Service Act 1987
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
Omit “Secretary within the meaning of the Public Service Act 1922”, substitute “Agency Head within the meaning of the Public Service Act 1999”.
Repeal the paragraph, substitute:
(c) a determination made under section 24 of the Public Service Act 1999;
Australian Prudential Regulation Authority Act 1998
Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.
Australian Radiation Protection and Nuclear Safety Act 1998
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Repeal the subsections, substitute:
(1) The staff necessary to assist the CEO are to be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
Australian Securities and Investments Commission Act 1989
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Commission and the APS employees assisting the Commission together constitute a Statutory Agency; and
(b) the Chairperson of the Commission is the Head of that Statutory Agency.
Omit “Commission” (wherever occurring), substitute “Chairperson”.
Omit “Commission”, substitute “Chairperson”.
Omit “The Commission may”, substitute “The Chairperson may”.
Omit “Commission”, substitute “Chairperson”.
Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Convenor and the APS employees assisting the Convenor together constitute a Statutory Agency; and
(b) the Convenor is the Head of that Statutory Agency.
Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Australian Security Intelligence Organisation Act 1979
252 Section 4 (paragraph (a) of the definition of authority of the Commonwealth)
Omit “a Department of the Public Service”, substitute “an Agency within the meaning of the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
254 Subsection 24(3) (definition of Senior Executive Service office)
Repeal the definition.
255 Subsection 24(3) (paragraph (a) of the definition of senior officer of the Organisation)
Repeal the paragraph, substitute:
(a) equivalent to a position occupied by an SES employee; or
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Repeal the subsection.
Repeal the section.
Australian Space Council Act 1994
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Australian Sports Commission Act 1989
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “that Department”, substitute “that Agency”.
Australian Sports Drug Agency Act 1990
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “Department” (second occurring), substitute “Agency”.
Australian Tourist Commission Act 1987
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Australian Trade Commission Act 1985
270 Subsection 3(1) (definition of Australian authority)
Omit “a Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Repeal the section.
Australian War Memorial Act 1980
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
275 Subsections 27(2), (3) and (4)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Australian Wine and Brandy Corporation Act 1980
Omit “a Department of the Commonwealth”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
Australian Wool Research and Promotion Organisation Act 1993
278 Subsection 4(1) (definition of designated group)
Repeal the definition, substitute:
designated group means any of the following classes of persons:
(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;
(b) persons who have migrated to Australia and whose first language is not English, and the children of such persons;
(c) persons with a physical or mental disability.
279 Subsection 5(1) (subparagraph (b)(ii) of the definition of authorised person)
Repeal the subparagraph, substitute:
(ii) an SES employee or acting SES employee;
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Broadcasting Services Act 1992
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chairperson and the APS employees assisting the Chairperson together constitute a Statutory Agency; and
(b) the Chairperson is the Head of that Statutory Agency.
Chemical Weapons (Prohibition) Act 1994
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in the Department;
Child Support (Assessment) Act 1989
Repeal the subparagraph, substitute:
(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or
286 Subsection 150(1) (subparagraph (c)(i) of the definition of person to whom this section applies)
Repeal the subparagraph, substitute:
(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or
Child Support (Registration and Collection) Act 1988
Repeal the subparagraph, substitute:
(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or
288 Subsection 16(1) (subparagraph (c)(i) of the definition of person to whom this section applies)
Repeal the subparagraph, substitute:
(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or
Repeal the paragraph, substitute:
(h) a person appointed or engaged under the Public Service Act 1999;
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Classification (Publications, Films and Computer Games) Act 1995
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Omit “an officer of the Australian Public Service”, substitute “appointed or engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Cocos (Keeling) Islands Act 1955
Repeal the paragraph, substitute:
(h) a person appointed or engaged under the Public Service Act 1999;
298 Subsections 15A(1) and (3)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Commonwealth Authorities and Companies Act 1997
Omit “an officer or employee within the meaning of the Public Service Act 1999”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Commonwealth Bank Sale Act 1995
300 Subsection 20(5) (subparagraph (c)(i) of the definition of authorised person)
Repeal the subparagraph, substitute:
(i) is an SES employee, or acting SES employee, in the Department; and
Commonwealth Electoral Act 1918
Repeal the paragraph, substitute:
(a) an office of Agency Head (within the meaning of the Public Service Act 1999); or
Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.
Repeal the paragraph, substitute:
(a) persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and
(b) the Electoral Commissioner is the Head of that Statutory Agency.
Omit all the words after “Commission”.
Repeal the subsection.
Omit “an officer”, substitute “a person”.
Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.
Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.
Omit “an officer”, substitute “a person”.
311 Subsection 91(1) (definition of Secretary of a Department)
Repeal the definition.
Omit “Secretary of a Department”, substitute “Agency Head of an Agency (within the meaning of the Public Service Act 1999)”.
Repeal the paragraph, substitute:
(b) a person appointed or engaged under the Public Service Act 1999;
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
316 Subsection 311A(4) (paragraph (c) of the definition of Commonwealth Department)
Repeal the paragraph, substitute:
(c) an Agency (within the meaning of the Public Service Act 1999).
317 Subsection 311A(4) (paragraph (b) of the definition of principal officer)
Repeal the paragraph, substitute:
(b) in relation to an Agency—the Agency Head (within the meaning of the Public Service Act 1999) of the Agency.
Commonwealth Grants Commission Act 1973
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “officers or employees employed under the Public Service Act 1922”, substitute “APS employees”.
Commonwealth Inscribed Stock Act 1911
After “office”, insert “or position”.
After “office”, insert “or position”.
Commonwealth Legal Aid Act 1977
Repeal the Part.
Commonwealth Serum Laboratories Act 1961
Omit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Repeal the subsection.
Commonwealth Services Delivery Agency Act 1997
325 Section 3 (paragraph (a) of the definition of principal officer)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
Commonwealth Superannuation Board Act 1999
328 Subsection 23(10) (paragraph (c) of the definition of agency)
Repeal the paragraph, substitute:
(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or
329 Subsection 24(10) (paragraph (c) of the definition of agency)
Repeal the paragraph, substitute:
(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or
Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997
Repeal the section, substitute:
(1) There is to be a position in the Department whose duties include the general control of the register.
(2) The Registrar is the APS employee who is performing the duties of the position referred to in subsection (1).
Complaints (Australian Federal Police) Act 1981
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Constitutional Convention (Election) Act 1997
Omit “officer of the Australian Public Service”, substitute “APS employee”.
Omit “officer of the Australian Public Service”, substitute “APS employee”.
Omit “officer of the Australian Public Service”, substitute “APS employee”.
Construction Industry Reform and Development Act 1992
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Co‑operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978
Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.
Omit “Public Service Act 1922‑1968”, substitute “Public Service Act 1999”.
Corporate Law Economic Reform Program Act 1998
Omit “officer or employee within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Council for Aboriginal Reconciliation Act 1991
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee.
343 Subsection 3(1) (paragraph (a) of the definition of Commonwealth officer)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999;
344 Subsection 16(1) (paragraph (b) of the definition of parole officer)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.
346 Subsection 56(2) (definition of eligible person)
Omit “a Senior Executive Service Officer in the Department of Foreign Affairs and Trade appointed or employed under the Public Service Act 1922”, substitute “an SES employee in the Department of Foreign Affairs and Trade”.
347 Section 85ZL (definition of Commonwealth Department)
Omit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.
Insert:
Secretary, in relation to a Commonwealth Department, means the Agency Head within the meaning of the Public Service Act 1999.
349 Subsection 3(1) (paragraph (c) of the definition of authorised person)
Omit “a Senior Executive Service officer employed under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.
350 Subsection 3(1) (paragraph (d) of the definition of authorised person)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “an officer of, or a person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
353 Subsection 44(3) (paragraph (b) of the definition of authorised person)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in that Department.
354 Subsection 47(4) (paragraph (c) of the definition of authorised person)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.
355 Subsection 208DA(1) (definition of prescribed officer)
Repeal the definition, substitute:
prescribed officer means an SES employee, or acting SES employee, in the Attorney‑General’s Department.
Customs Administration Act 1985
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
360 Clause 1 of the Schedule (definition of designated group)
Repeal the definition, substitute:
designated group means any of the following classes of persons:
(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;
(b) persons who have migrated to Australia and whose first language is not English, and the children of such persons;
(c) persons with a physical or mental disability.
Debits Tax Administration Act 1982
361 Subsection 3(1) (definition of officer)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
Omit “or officer in the Australian Public Service who communicates to any person”, substitute “, or person appointed or engaged under the Public Service Act 1999, who communicates to any other person”.
364 Subsection 120B(16) (definition of paying officer)
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999”.
Omit “officer within the meaning of the Public Service Act 1922”, substitute “APS employee”.
Omit “officer or employee within the meaning of that Act”, substitute “APS employee”.
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
Defence Force Discipline Act 1982
368 Subsections 175(1) and (2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Defence Force Discipline Appeals Act 1955
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Defence Force Retirement and Death Benefits Act 1973
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
Defence Housing Authority Act 1987
371 Subsection 3(1) (definition of designated office in the Department)
Repeal the definition.
Insert:
designated position in the Department means a position in the Department that:
(a) is designated, in writing, by the Minister for the purposes of section 60; and
(b) is occupied by an SES employee or acting SES employee.
Omit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999 and”.
Omit “officers of the Australian Public Service”, substitute “those persons”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Managing Director and the APS employees assisting the Managing Director together constitute a Statutory Agency; and
(b) the Managing Director is the Head of that Statutory Agency.
Omit “designated office”, substitute “designated position”.
Omit “designated office” (wherever occurring), substitute “designated position”.
Defence Service Homes Act 1918
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
Omit “or officer” (wherever occurring), substitute “or public servant”.
Defence (Special Undertakings) Act 1952
383 Section 4 (paragraph (a) of the definition of Commonwealth officer)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999;
Defence (Visiting Forces) Act 1963
Omit “an officer holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”.
Omit all the words after “any other Act”, substitute “to a prescribed person engaged under the Public Service Act 1999 in the Designs Office”.
Repeal the subsection.
Development Allowance Authority Act 1992
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
388 Subparagraph 107(3)(c)(ii)
Omit “a person holding or performing the duties of a specified Senior Executive Service office”, substitute “an SES employee or acting SES employee occupying a specified position”.
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Director of Public Prosecutions Act 1983
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Repeal the paragraph, substitute:
(b) an SES employee.
Disability Discrimination Act 1992
394 Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)
Repeal the paragraph, substitute:
(a) is appointed or engaged under the Public Service Act 1999;
395 Subsection 4(1) (definition of Department)
Omit “has the same meaning as that expression has in the Public Service Act 1922”, substitute “means an Agency within the meaning of the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “the Secretary of another Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Repeal the subsection.
Education Legislation Amendment Act 1997
Repeal the item.
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991
Omit “officer of the Senior Executive Service”, substitute “SES employee or acting SES employee”.
Employment, Education and Training Act 1988
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
403 Paragraphs 32(3)(b) and (c)
Omit “an officer or employee”, substitute “a person”.
Repeal the paragraph, substitute:
(d) any person who from time to time occupies a particular position, or performs particular duties, as a person appointed or engaged under the Public Service Act 1999.
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “such an officer or employee”, substitute “such a person”.
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “an officer or employee of the Australian Public Service”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “subsection 25(6) of the Public Service Act 1922”, substitute “section 63 of the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Repeal the section, substitute:
(1) The staff required for the purposes of ESRA are to be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the ESRA Chief Executive Officer and the APS employees assisting the ESRA Chief Executive Officer together constitute a Statutory Agency; and
(b) the ESRA Chief Executive Officer is the Head of that Statutory Agency.
415 Subsection 111(2) (paragraph (a) of the definition of authority of the Commonwealth)
Repeal the paragraph, substitute:
(a) an Agency within the meaning of the Public Service Act 1999; or
Endangered Species Protection Act 1992
416 Subsection 4(1) (definition of Department)
Repeal the definition, substitute:
Department means an Agency (within the meaning of the Public Service Act 1999).
417 Subsection 4(1) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head (within the meaning of the Public Service Act 1999).
Environment Protection (Alligator Rivers Region) Act 1978
Omit “appointed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “Permanent Head” (wherever occurring), substitute “Secretary”.
Omit “Permanent Head”, substitute “Secretary”.
Environment Protection and Biodiversity Conservation Act 1999
Repeal the subsection, substitute:
(1) The Secretary may make arrangements with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the performance or exercise of all or any of the functions or powers of wardens and rangers under this Act or the regulations by officers or employees in that Agency or authority, as the case may be.
Repeal the subsection, substitute:
(4) The Director may make arrangements with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the performance or exercise of all or any of the functions or powers of wardens and rangers under this Act or the regulations by officers or employees in that Agency or authority, as the case may be.
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
424 Subsection 3(1) (definition of authority)
Repeal the definition, substitute:
authority means:
(a) an incorporated or unincorporated body or authority established for a public purpose:
(i) by an Act or by regulations made under an Act; or
(ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory);
being a body whose staff consists of, or includes, persons who are not APS employees; or
(b) a company or other body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest;
but does not include any of the following:
(c) a relevant employer as defined in section 3 of the Affirmative Action (Equal Employment Opportunity for Women) Act 1986;
(d) the Australian Dairy Corporation;
(e) the Australian Wool Research and Promotion Organisation.
425 Subsection 3(1) (definition of Board)
Repeal the definition.
426 Subsection 3(1) (definition of designated group)
Repeal the definition, substitute:
designated group means any of the following classes of persons:
(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;
(b) persons who have migrated to Australia and whose first language is not English, and the children of such persons;
(c) persons with a physical or mental disability;
(d) any other class of persons prescribed by the regulations for the purposes of this definition.
Repeal the section.
Omit “or the Board, as the case may be,”.
Repeal the subsection, substitute:
(4) If:
(a) a relevant authority is required by an Act other than this Act to prepare an annual report for presentation to the Parliament; and
(b) the annual report is lodged with the responsible Minister within 3 months after the end of the period to which a program report relates;
then the authority may, with the consent of the responsible Minister, include that program report in the annual report.
Repeal the subsection, substitute:
(1) The responsible Minister may, by notice in writing to a relevant authority, require the authority to give the responsible Minister a special report within the time specified in the notice.
Repeal the section, substitute:
11 Minister may make recommendations
(1) After considering a report lodged by a relevant authority under this Part, the responsible Minister may make a recommendation in writing to the authority regarding the action to be taken by the authority to improve the effectiveness of its program.
(2) If the authority does not concur in or adopt a recommendation made under subsection (1), the authority must, within a reasonable time, inform the responsible Minister in writing of the authority’s reasons for not concurring in or adopting the recommendation.
Repeal the subsection, substitute:
(1) The responsible Minister for a relevant authority may give general directions in writing to the authority about the performance of the authority’s obligations under this Act.
Repeal the sections.
434 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth agency)
Repeal the paragraph, substitute:
(a) an Agency within the meaning of the Public Service Act 1999; or
435 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth entity)
Repeal the paragraph, substitute:
(a) an Agency within the meaning of the Public Service Act 1999; or
Repeal the paragraph, substitute:
(a) an Agency within the meaning of the Public Service Act 1999; or
437 After clause 8 in Part 2 of the Dictionary
Insert:
In this Act:
(a) a reference to a person appointed or holding office under or because of an Australian law or a law of the Commonwealth includes a reference to an APS employee; and
(b) in that context, a reference to an office is a reference to the position occupied by the APS employee concerned.
Omit “Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
439 Subsection 4(1) (paragraph (b) of the definition of welfare officer)
Omit “an officer or employee, within the meaning of the Public Service Act 1922,”, substitute “a person engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Repeal the subsection, substitute:
(4) An Agency Head (within the meaning of the Public Service Act 1999) cannot take action under section 15 of the Public Service Act 1999 against the Principal Registrar, a Registrar or a Deputy Registrar unless such action is requested by the Chief Judge.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the section, substitute:
38Q Statutory Agency etc. for purposes of Public Service Act
For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
450 Section 67H (subparagraphs (a)(i) and (ii) of the definition of appropriate authority)
Repeal the subparagraphs, substitute:
(i) is an SES employee or acting SES employee; or
(ii) holds an office or position that is at a level equivalent to that of an SES employee; or
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Omit “officers of the Australian Public Service or”, substitute “persons appointed or engaged under the Public Service Act 1999, officers”.
Federal Airports Corporation Act 1986
455 Subsection 3(1) (paragraph (a) of the definition of authority of the Commonwealth)
Omit “or a Department of the Australian Public Service”.
456 Subsection 3(1) (after paragraph (a) of the definition of authority of the Commonwealth)
Insert:
(aa) an Agency (within the meaning of the Public Service Act 1999); and
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “a Department” (second occurring), substitute “an Agency”.
460 Paragraphs 61(3)(a) and (b)
Omit “Department”, substitute “Agency”.
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Federal Court of Australia Act 1976
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
Omit “the Department”, substitute “the Agency”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the section, substitute:
18Q Statutory Agency etc. for purposes of Public Service Act
For the purposes of the Public Service Act 1999:
(a) the Registrar and the APS employees assisting the Registrar together constitute a Statutory Agency; and
(b) the Registrar is the Head of that Statutory Agency.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Repeal the subsection, substitute:
(1) For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
Repeal the section, substitute:
102 Arrangements relating to Commonwealth staff
The Chief Executive Officer may, on behalf of the Federal Magistrates Court, arrange with:
(a) an Agency Head (within the meaning of the Public Service Act 1999); or
(b) an authority of the Commonwealth;
for the services of officers or employees of the Agency or authority to be made available for the purposes of the Federal Magistrates Court.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
479 Subclause 5(1) of Schedule 2
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Film Licensed Investment Company Act 1998
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Financial Management and Accountability Act 1997
481 Section 5 (paragraph (b) of the definition of Chief Executive)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Financial Transaction Reports Act 1988
482 Subsection 3(1) (paragraph (c) of the definition of taxation officer)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 and”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Financial Sector Reform (Amendments and Transitional Provisions) Act 1998
Omit “Public Service Act 1998” (wherever occurring), substitute “Public Service Act 1999”.
Omit “Public Service Act 1998”, substitute “Public Service Act 1999”.
488 Subsection 4(1) (definition of Secretary)
Repeal the definition.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
491 Subsection 26(3) (paragraph (a) of the definition of authorised officer)
Repeal the paragraph, substitute:
(a) who is an SES employee or acting SES employee in the Attorney‑General’s Department; and
Forestry and Timber Bureau Act 1930
Repeal the subsection, substitute:
(3) The Director‑General and staff required for the purposes of this Act must be engaged under the Public Service Act 1999.
Freedom of Information Act 1982
Omit “officers, or employees, within the meaning of the Public Service Act 1922”, substitute “persons appointed or engaged under the Public Service Act 1999”.
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
494 Subsection 3(1) (paragraph (c) of the definition of Department)
Repeal the paragraph, substitute:
(c) an Executive Agency or Statutory Agency (within the meaning of the Public Service Act 1999).
Fringe Benefits Tax Assessment Act 1986
495 Subsection 136(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Add:
(2) The Official Secretary, together with the staff employed under section 13, constitute the Office of Official Secretary to the Governor‑General.
(3) The function of the Office is to assist the Governor‑General.
Repeal the section, substitute:
14 Remuneration and other conditions of employees
The remuneration and other conditions of employment of a person employed under section 13 are as determined by the Official Secretary.
Repeal the section.
Repeal the section.
Great Barrier Reef Marine Park Act 1975
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chairperson and the APS employees assisting the Chairperson together constitute a Statutory Agency; and
(b) the Chairperson is the Head of that Statutory Agency.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “Department” (last occurring), substitute “Agency”.
Hazardous Waste (Regulation of Exports and Imports) Act 1989
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department.
Omit “Subject to section 87E of the Public Service Act 1922, if”, substitute “If”.
Repeal the section, substitute:
(1) The staff necessary to assist the Director are to be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
508 Subsection 130(5B) (paragraph (b) of the definition of authorised officer)
Repeal the paragraph, substitute:
(b) an APS employee in the Department.
Health Insurance Commission Act 1973
509 Subsection 3(1) (definition of Australian Public Service)
Omit “Public Service Act 1922‑1973”, substitute “Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
High Court of Australia Act 1979
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “with the concurrence of the Public Service Board,”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
Omit “the Department”, substitute “the Agency”.
Horticultural Policy Council Act 1987
Omit “officers or employees of the Department”, substitute “APS employees in the Department”.
Insert:
(ea) an Agency (within the meaning of the Public Service Act 1999);
Omit “the Commonwealth or”.
Omit “an officer of, or person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990
Omit “an officer of the Department of Finance who holds a Senior Executive Service office within the meaning of the Public Service Act 1922”, substitute “an SES employee, or acting SES employee, in the Department of Finance”.
Human Rights and Equal Opportunity Commission Act 1986
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Commission and the APS employees assisting the Commission together constitute a Statutory Agency; and
(b) the Commission is the Head of that Statutory Agency.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Immigration (Education) Act 1971
Omit “an officer of the Public Service of the Commonwealth”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Income Tax Assessment Act 1936
Repeal the subsection, substitute:
(23) The Industry Secretary may, by writing, delegate any or all of his or her functions and powers under this section to a person in the Industry Department:
(a) who is an SES employee or an acting SES employee; or
(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or
(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).
526 Subsection 51AL(26) (definition of Senior Executive Service office)
Repeal the definition.
527 Subsection 124K(1) (definition of Senior Executive Service office)
Repeal the definition, substitute:
Senior Executive Service office means a position that is occupied by an SES employee or acting SES employee.
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Repeal the subsection.
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Omit “In this section Senior Executive Service office has the same meaning as in the Public Service Act 1922.”.
Income Tax Assessment Act 1997
Repeal the section, substitute:
34‑65 Delegation of powers by Industry Secretary
The *Industry Secretary may, by writing, delegate any or all of his or her functions and powers under this Division to a person in the Department of Industry, Science and Tourism:
(a) who holds or performs the duties of a *Senior Executive Service office; or
(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or
(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”.
534 Subsection 995‑1(1) (definition of Senior Executive Service office)
Repeal the definition, substitute:
Senior Executive Service office means a position occupied by an SES employee or acting SES employee.
Industrial Chemicals (Notification and Assessment) Act 1989
535 Section 5 (definition of Department)
Repeal the definition, substitute:
Department means an Agency within the meaning of the Public Service Act 1999.
536 Section 5 (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head within the meaning of the Public Service Act 1999.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “the Secretary of a Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “Department” (last occurring), substitute “Agency”.
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in the Department;
Repeal the section, substitute:
The Director may, by signed instrument, delegate to a person:
(a) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or
(b) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (a);
all or any of the Director’s functions or powers under this Act, other than those under subsection 14(4), 17(4) or 19(8) or (9), section 24 or 30A, subsection 37(2), section 38, 44, 50B, 60E or 60F or this section.
Industry Research and Development Act 1986
After “office”, insert “or position”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Inspector‑General of Intelligence and Security Act 1986
Omit “a Department”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Inspector‑General and the APS employees assisting the Inspector‑General together constitute a Statutory Agency; and
(b) the Inspector‑General is the Head of that Statutory Agency.
International Air Services Commission Act 1992
Omit “Subject to section 87E of the Public Service Act 1922, if”, substitute “If”.
International Transfer of Prisoners Act 1997
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department.
552 Subsection 55E(1) (subparagraph (b)(ii) of the definition of AGS lawyer)
Repeal the subparagraph, substitute:
(ii) a person in the Attorney-General’s Department who is engaged under the Public Service Act 1999.
Omit “as an officer or employee in the Attorney-General’s Department”, substitute “as a person in the Attorney-General’s Department engaged under the Public Service Act 1999”.
Omit “an officer of, or employee in, the Attorney-General’s Department”, substitute “a person in the Attorney-General’s Department engaged under the Public Service Act 1999”.
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
Legislative Instruments Act 1997
Omit “An officer of the Senior Executive Service”, substitute “An SES employee”.
Long Service Leave (Commonwealth Employees) Act 1976
557 Subsection 4(1) (paragraph (e) of the definition of approving authority)
Repeal the paragraph, substitute:
(e) in any other case:
(i) the chief executive officer of the employing agency (the original agency) in which the person is employed, or in which the person was employed at the time of his or her ceasing to be an employee (whether by reason of death or otherwise); or
(ii) if the original agency no longer exists—the chief executive officer (however described) of the replacement agency determined under subsection (1A).
Insert:
chief executive officer, in relation to an employing agency, means:
(a) if the employing agency is an Agency within the meaning of the Public Service Act 1999—the Agency Head (within the meaning of that Act); or
(b) in any other case—the person (however described) who is the chief executive officer of the employing agency.
Insert:
employing agency means:
(a) an Agency within the meaning of the Public Service Act 1999; or
(b) a public authority of the Commonwealth; or
(c) a body covered by paragraph (6)(b); or
(d) a company covered by paragraph (6)(c).
560 Subsection 4(1) (definition of officer)
Repeal the definition.
Insert:
(1A) If the employing agency (the original agency) in which a person was employed at the time of his or her ceasing to be an employee no longer exists at a later time, then the replacement agency at that later time is:
(a) the employing agency that is responsible for the matter to which the person’s duties related, or mainly related, at the time of his or her ceasing to be an employee; or
(b) if there is no employing agency that is responsible for that matter—the employing agency that is nominated in writing by the Secretary of the Department.
Repeal the subsection.
Omit “to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 does not apply”.
Repeal the paragraph, substitute:
(a) in the case of an employee who is an APS employee—the minimum that applies to the employee under section 30 of the Public Service Act 1999; or
Repeal the sections, substitute:
9 Delegation by approving authority
(1) An approving authority may, in writing, delegate to another person any of the approving authority’s powers or functions under this Act (other than this section).
(2) A person (the first delegate) to whom powers or functions are delegated under subsection (1) may, in writing, delegate any of those powers or functions to another person (the second delegate). However, if the first delegate is subject to directions in relation to the exercise of a power or function delegated under this subsection, the first delegate must give corresponding directions to the second delegate.
(3) A power or function that is exercised or performed by a person under a delegation under subsection (2) is taken, for the purposes of this Act, to have been exercised or performed by the approving authority.
(4) A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function.
(5) In this section:
approving authority does not include the President of the Senate or the Speaker of the House of Representatives.
Repeal the paragraph, substitute:
(a) unless a chief executive officer, or the person who granted the leave, determined (otherwise than under this Act), either at the time of the grant or at a later time, that the period of absence be included in the person’s period of service for the purpose of the granting of long service leave; or
Management and Investment Companies Act 1983
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Maternity Leave (Commonwealth Employees) Act 1973
Insert:
Agency Head, in relation to an employee, means:
(a) in the case of an employee in an Agency (within the meaning of the Public Service Act 1999)—the Agency Head within the meaning of that Act; or
(b) in the case of an employee in a prescribed authority—the chief executive officer (however described) of the prescribed authority.
569 Subsection 3(1) (definition of Department of the Australian Public Service)
Repeal the definition.
570 Subsection 3(1) (definition of Secretary)
Repeal the definition.
Omit “Public Service Act 1922‑1973”, substitute “Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the application of this Act in relation to a person employed in a Parliamentary Department, the powers conferred on an Agency Head (other than the power of delegation conferred by section 11) are to be exercised, in substitution for the Agency Head, by the Head of the Parliamentary Department concerned.
Omit “or (4AB)”.
Repeal the subsection.
Omit “or (4AB)”.
Omit “the Secretary to the Department”, substitute “the Agency Head”.
Omit “the Secretary to the Department”, substitute “the Agency Head”.
Omit “the Secretary to the Department”, substitute “the Agency Head”.
Omit “wishes the Secretary”, substitute “wishes the Agency Head”.
Omit “the Secretary to the Department”, substitute “the Agency Head”.
Omit “subsection (4), the Secretary”, substitute “subsection (4), the Agency Head”.
Omit “the Secretary to the Department”, substitute “the Agency Head”.
Omit “or the Secretary”, substitute “or the Agency Head”.
Repeal the section, substitute:
8 APS employees on maternity leave
Clause 12 of Schedule 14 to the Workplace Relations Act 1996 applies to a female APS employee if:
(a) the employee is absent from duty in accordance with section 6; and
(b) the absence is after her confinement and without pay.
Repeal the sections, substitute:
(1) An Agency Head may, in writing, delegate to another person any of the Agency Head’s powers or functions under this Act (other than this section).
(2) A person (the first delegate) to whom powers or functions are delegated under subsection (1) may, in writing, delegate any of those powers or functions to another person (the second delegate). However, if the first delegate is subject to directions in relation to the exercise of a power or function delegated under this subsection, the first delegate must give corresponding directions to the second delegate.
(3) A power or function that is exercised or performed by a person under a delegation under subsection (2) is taken, for the purposes of this Act, to have been exercised or performed by the Agency Head.
(4) A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function.
(5) In this section:
Agency Head does not include the President of the Senate or the Speaker of the House of Representatives.
Meat Inspection Arrangements Act 1964
586 Subsection 3(1) (definition of person employed by the Commonwealth)
Repeal the definition, substitute:
person employed by the Commonwealth means a person appointed or engaged under the Public Service Act 1999.
Members of Parliament (Staff) Act 1984
587 Section 3 (definition of Agency)
Repeal the definition.
588 Section 3 (definition of Board)
Repeal the definition.
589 Section 3 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act.
590 Section 3 (definition of Public Service Act)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
591 Section 3 (definition of relevant public servant)
Repeal the definition.
592 Subsections 5(1), (2) and (3)
Omit “Board”, substitute “Prime Minister”.
Repeal the section.
Repeal the section.
Omit “subsection (2) and to”.
Omit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.
Omit “in relation to an officer performing the duties of an office in the Australian Public Service”, substitute “an APS employee”.
Repeal the subsection.
Repeal the sections.
Omit “subsection (2) and to”.
Omit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.
Omit “in relation to an officer performing the duties of an office in the Australian Public Service”, substitute “an APS employee”.
Repeal the subsection.
Repeal the section.
Repeal the section.
Merit Protection (Australian Government Employees) Act 1984
Repeal the Act.
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in that Department.
608 Section 275 (paragraphs (a) and (b) of the definition of official)
Repeal the paragraphs, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Migration Legislation Amendment (Migration Agents) Act 1997
Omit “Public Service Act 1997”, substitute “Public Service Act 1999”.
Omit “Public Service Act 1997”, substitute “Public Service Act 1999”.
Motor Vehicle Standards Act 1989
Repeal the paragraph, substitute:
(b) is to be an SES employee, or acting SES employee, in the Department.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
National Crime Authority Act 1984
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chairperson and the APS employees assisting the Chairperson together constitute a Statutory Agency; and
(b) the Chairperson is the Head of that Statutory Agency.
National Environment Protection Council Act 1994
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the NEPC Executive Officer and the APS employees assisting the NEPC Executive Officer together constitute a Statutory Agency; and
(b) the NEPC Executive Officer is the Head of that Statutory Agency.
Omit “officers and employees of Departments of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
628 Subsection 4(1) (paragraph (a) of the definition of Director)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “Department” (last occurring), substitute “Agency”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, if”, substitute “If”.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “Department” (last occurring), substitute “Agency”.
National Health and Medical Research Council Act 1992
Repeal the subsection, substitute:
(1) The Secretary to the Council is an SES employee or acting SES employee who is designated for the purpose by the Secretary of the Department.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the paragraph, substitute:
(a) an Agency Head within the meaning of the Public Service Act 1999; or
643 Paragraphs 48(1)(d), (e) and (f)
After “of that”, insert “Agency,”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
National Labour Consultative Council Act 1977
Omit all the words after “payable to”, substitute “persons engaged under the Public Service Act 1999”.
Omit all the words after “payable to”, substitute “persons engaged under the Public Service Act 1999”.
Omit “Departments and”.
648 At the end of paragraph 6(c)
Add:
(iv) the Agencies (within the meaning of the Public Service Act 1999); and
Repeal the subsection, substitute:
(4) For the purposes of the Public Service Act 1999:
(a) the Director‑General and the APS employees assisting the Director‑General together constitute a Statutory Agency; and
(b) the Director‑General is the Head of that Statutory Agency.
Omit “an officer employed under the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
Omit “including his or her powers referred to in subsection (4) but”.
Omit “, other than the powers referred to in subsection (4) of this section,”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
National Museum of Australia Act 1980
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
657 Subsections 30(2), (3) and (4)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
National Occupational Health and Safety Commission Act 1985
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “Department” (last occurring), substitute “Agency”.
National Parks and Wildlife Conservation Act 1975
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922‑1974”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director and the APS employees assisting the Director together constitute a Statutory Agency; and
(b) the Director is the Head of that Statutory Agency.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “Department” (last occurring), substitute “Agency”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
National Road Transport Commission Act 1991
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
Repeal the paragraph, substitute:
(a) persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and
National Transmission Network Sale Act 1998
Omit “a person holding, or performing the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Repeal the subsection, substitute:
Employment etc. under Public Service Act
(3) The Deputy Registrars and the staff of the Tribunal are to be persons engaged under the Public Service Act 1999.
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
Omit “the Department”, substitute “the Agency”.
Repeal the section, substitute:
131 Statutory Agency etc. for purposes of Public Service Act
For the purposes of the Public Service Act 1999:
(a) the Registrar and the APS employees assisting the Registrar together constitute a Statutory Agency; and
(b) the Registrar is the Head of that Statutory Agency.
Omit “Public Service Act 1997”, substitute “Public Service Act 1999”.
Natural Heritage Trust of Australia Act 1997
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee (whether or not in the Department);
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee (whether or not in the Department of Primary Industries and Energy);
685 Section 54 (definition of Senior Executive Service office)
Repeal the definition.
Natural Resources Management (Financial Assistance) Act 1992
686 Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
687 Section 40 (definition of industrial award)
Repeal the definition, substitute:
industrial award means an award within the meaning of the Workplace Relations Act 1996.
Omit all the words after “the Navy”.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “Section 64 of the Public Service Act 1922”, substitute “Section 75 of the Public Service Act 1999”.
Omit “officer”, substitute “APS employee”.
Repeal the paragraph, substitute:
(a) is an APS employee; or
Nuclear Non‑Proliferation (Safeguards) Act 1987
693 Subsection 4(1) (paragraph (a) of the definition of Commonwealth officer)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Occupational Health and Safety (Commonwealth Employment) Act 1991
696 Subsection 5(1) (paragraph (a) of the definition of Department)
Repeal the paragraph, substitute:
(a) an Agency (within the meaning of the Public Service Act 1999); or
697 Subsection 5(1) (paragraph (a) of the definition of Secretary)
Repeal the paragraph, substitute:
(a) in the case of a Department to which paragraph (a) of the definition of Department applies—the Agency Head (within the meaning of the Public Service Act 1999); or
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
Omit “employed under the Public Service Act 1922, the purposes of Division 6 of Part III of that Act,”, substitute “appointed or engaged under the Public Service Act 1999”.
After “office”, insert “or position”.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Occupational Health and Safety (Maritime Industry) Act 1993
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
Office of National Assessments Act 1977
703 Section 3 (paragraph (e) of the definition of prescribed Commonwealth officer)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “an officer or officers of the Australian Public Service”, substitute “a person or persons appointed or engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Director‑General and the APS employees assisting the Director‑General together constitute a Statutory Agency; and
(b) the Director‑General is the Head of that Statutory Agency.
Omit “the Secretary of a Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
Omit “appointed or employed under the Public Service Act 1922 in the Department”, substitute “engaged under that Act in the Agency”.
711 Subsection 3(1) (definition of Department)
Omit “Department of the Australian Public Service referred to in paragraph (a) of the definition of Department in subsection 7(1) of the Public Service Act 1922”, substitute “Department within the meaning of the Public Service Act 1999”.
712 Subsection 3(1) (definition of Secretary)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
After “office” (first and second occurring), insert “or position”.
714 Subsections 6(9), (10) and (11)
Repeal the subsections, substitute:
(9) If the Ombudsman forms the opinion:
(a) that a complaint could have been made under the Public Service Act 1999; and
(b) that the complaint could be more conveniently or effectively dealt with by the Public Service Commissioner;
the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the Public Service Commissioner.
(10) If the Ombudsman makes a decision under subsection (9), the Ombudsman must:
(a) transfer the complaint to the Public Service Commissioner as soon as is reasonably practicable; and
(b) give the Public Service Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
(c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Public Service Commissioner.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Ombudsman and the APS employees assisting the Ombudsman together constitute a Statutory Agency; and
(b) the Ombudsman is the Head of that Statutory Agency.
Overseas Students (Refunds) Act 1990
718 Section 3 (definition of officer)
Repeal the definition.
Omit “an officer of”, substitute “an APS employee in”.
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Omit “the Australian Public Service or any other”, substitute “an”.
Insert:
(b) a person engaged under the Public Service Act 1999; or
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Parliamentary Contributory Superannuation Act 1948
Repeal the paragraph, substitute:
(d) the holder of an office of Secretary within the meaning of the Public Service Act 1999; or
Parliamentary Counsel Act 1970
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the First Parliamentary Counsel and the APS employees assisting the First Parliamentary Counsel together constitute a Statutory Agency; and
(b) the First Parliamentary Counsel is the Head of that Statutory Agency.
Repeal the section, substitute:
For the purposes of this Act, a person is the Designated Manager if the person occupies, or is acting in, a position that:
(a) is usually occupied by an SES employee; and
(b) has been declared by the Secretary to the Department, in writing, to be the position of Designated Manager.
729 Schedule 1 (paragraph (a) of the definition of employee)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
730 Schedule 1 (paragraph (b) of the definition of employee)
Omit “an officer or employee”, substitute “a person”.
Petroleum Excise (Prices) Act 1987
Omit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Petroleum Resource Rent Tax Assessment Act 1987
732 Section 2 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Plant Breeder’s Rights Act 1994
Omit “another officer of the Department within the Senior Executive Service”, substitute “an SES employee, or acting SES employee, in the Department”.
Pooled Development Funds Act 1992
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Prawn Export Promotion Act 1995
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
736 Subsection 43(4) (at the end of paragraph (a) of the definition of prescribed person)
Add:
(iv) appointed or engaged under the Public Service Act 1999; or
Primary Industries Levies and Charges Collection Act 1991
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
738 Subsection 6(1) (paragraph (a) of the definition of Commonwealth officer)
Omit “appointed or employed under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
739 Subsection 6(1) (definition of Department)
Repeal the definition, substitute:
Department means an Agency within the meaning of the Public Service Act 1999.
740 Subsection 6(1) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head within the meaning of the Public Service Act 1999.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
742 Subsections 26A(1) and (2)
Repeal the subsections, substitute:
(1) The staff necessary to assist the Commissioner must be persons appointed or employed under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and
(b) the Commissioner is the Head of that Statutory Agency.
743 Subsection 50(1) (definition of Merit Protection Act)
Repeal the definition.
744 Subsection 50(1) (definition of Merit Protection Agency)
Repeal the definition.
Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.
Omit “or the Merit Protection Agency” (wherever occurring), substitute “or the Public Service Commissioner”.
Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.
748 Subsection 4(1) (definition of prescribed officer)
Repeal the definition, substitute:
prescribed officer means an SES employee or acting SES employee in the Attorney‑General’s Department.
Productivity Commission Act 1998
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and
(b) the Chair is the Head of that Statutory Agency.
Protection of Movable Cultural Heritage Act 1986
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the Act.
Omit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Repeal the subsection.
757 Paragraphs 20(1)(d) and (e)
Repeal the paragraphs, substitute:
(e) the Public Service Act 1999;
758 Subsection 31(3) (paragraph (b) of the definition of authorised person)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department who is authorised by the Secretary, in writing, for the purposes of this section.
759 Subsection 40(4) (paragraph (c) of the definition of authorised person)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in the Department.
Racial Discrimination Act 1975
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
761 Section 5 (paragraph (a) of the definition of Department)
Omit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Referendum (Machinery Provisions) Act 1984
764 Section 3 (subparagraph (b)(iii) of the definition of authorised witness)
Omit “in the Australian Public Service or”.
765 Section 3 (after subparagraph (b)(iii) of the definition of authorised witness)
Insert:
(iiia) a person appointed or engaged under the Public Service Act 1999; or
Omit “officers or employees within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Registration of Deaths Abroad Act 1984
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
Remuneration and Allowances Act 1990
Insert:
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
775 Subclauses 1(2) and (3) of Schedule 3
Repeal the subclauses, substitute:
(2) The Members of Parliament annual salary is equal to:
(a) the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2; or
(b) if the regulations prescribe a percentage (not more than 100%) of a reference salary—that percentage of the reference salary.
(3) Before the Governor-General makes a regulation for the purposes of paragraph (2)(b), the Minister must consider advice from the Remuneration Tribunal about the proposed regulation.
(4) In this clause:
principal executive classification means a classification determined by the Remuneration Tribunal under subsection 5(2A) of the Remuneration Tribunal Act 1973.
reference salary means:
(a) the annual salary applicable to an office under a determination of the Remuneration Tribunal; or
(b) the annual salary identified (for the purposes of this clause) as the reference salary for a principal executive classification, in a determination of the Remuneration Tribunal under subsection 5(2A) of the Remuneration Tribunal Act 1973.
Remuneration Tribunal Act 1973
Repeal the heading, substitute:
Part II—Remuneration etc. for certain offices and appointments
Insert:
Division 2—Determinations and reports by the Remuneration Tribunal
Repeal the subsection, substitute:
(2) An additional function of the Tribunal is to provide advice to the Australian National University, the University of Canberra and the Australian Maritime College in relation to terms and conditions (including remuneration and allowances) on which executive education offices in those bodies are to be held.
(2A) An additional function of the Tribunal is to:
(a) determine a classification structure for principal executive offices; and
(b) provide advice to the employing bodies for principal executive offices in relation to terms and conditions (including remuneration and allowances) on which principal executive offices are to be held.
(a) the office of Public Service Commissioner;
(b) the office of Merit Protection Commissioner;
(c) offices of Secretary;
(d) offices of Heads of Executive Agencies.
(2C) An additional function of the Tribunal is to provide advice for the purposes of subclause 1(3) of Schedule 3 to the Remuneration and Allowances Act 1990.
(2D) An additional function of the Tribunal is to provide advice, for the purposes of the Parliamentary Service Act 1999, in relation to terms and conditions (including remuneration and allowances) for the following offices:
(a) the office of Parliamentary Service Commissioner;
(b) the office of Parliamentary Service Merit Protection Commissioner;
(c) offices of Secretary.
779 Subsection 5(3)
Omit “subsection (2)”, substitute “this section”.
Omit “the holders of offices referred to in paragraph (a) of the definition of office of Secretary in subsection 7(1) of the Public Service Act 1922 and to”.
Add:
Division 3—Determinations by employing bodies for principal executive offices
12C Terms and conditions determined by employing body
(1) The employing body for a principal executive office may, in writing, determine the terms and conditions (including remuneration and allowances) applying to the office.
(2) If an employing body proposes to determine terms and conditions that are not consistent with the classification structure determined by the Tribunal under subsection 5(2A), the employing body must first request the advice of the Tribunal.
(3) If a determination is in force under this section for a principal executive office, the determination overrides any provision of another Act that provides for the terms and conditions applying to the principal executive office, unless that other provision refers to, and is expressed to override, this section.
Repatriation Institutions (Transfer) Act 1992
782 Subsection 3(1) (definition of employee)
Repeal the definition.
783 Subsection 3(1) (definition of officer)
Repeal the definition.
784 Subsection 3(1) (definition of the Service)
Repeal the definition, substitute:
the Service means the APS within the meaning of the Public Service Act 1999.
After “office” (wherever occurring), insert “or position”.
After “office”, insert “or position”.
Omit all the words after “under”, substitute “subsection 16(4) or 17(2) of the Long Service Leave (Commonwealth Employees) Act 1976 in respect of resignation from the Service”.
Repeal the section.
Omit “officers of the Bank or of the Australian Public Service”, substitute “officials”.
Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.
Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.
Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.
Add:
(6) In this section:
official means:
(a) an officer of the Bank; or
(b) a person appointed or engaged under the Public Service Act 1999.
Resource Assessment Commission Act 1989
Omit “and section 87E of the Public Service Act 1922”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “an officer of the Department who holds or performs the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee, in the Department”.
Omit “an officer of the Department who holds or performs the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee, in the Department”.
Rural Adjustment Amendment Act 1999
Omit “Public Service Act 1998”, substitute “Public Service Act 1999”.
Safety, Rehabilitation and Compensation Act 1988
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “an officer, within the meaning of the Public Service Act 1922, being the occupant for the time being of such office”, substitute “an APS employee who is performing the duties of such position”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
805 Subsection 114A(2) (definition of Department)
Repeal the definition, substitute:
Department means an Agency (within the meaning of the Public Service Act 1999).
806 Subsection 114A(2) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head (within the meaning of the Public Service Act 1999).
Science and Industry Research Act 1949
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Seafarers Rehabilitation and Compensation Act 1992
Repeal the subsection, substitute:
(1) The Authority may, by resolution, delegate all or any of its powers or functions to a person in the Department:
(a) who is an SES employee or acting SES employee; or
(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or
(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).
Seafarers Rehabilitation and Compensation Levy Collection Act 1992
Repeal the section, substitute:
11 Appointment of authorised persons
The Secretary may, in writing, appoint a person in the Department:
(a) who is an SES employee or acting SES employee; or
(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or
(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b);
to be an authorised person for the purposes of a specified provision of this Act.
Repeal the subsection, substitute:
(1) The Secretary may, in writing, delegate all or any of his or her powers or functions under this Act (other than powers under section 11) to a person in the Department:
(a) who is an SES employee or acting SES employee; or
(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or
(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).
Repeal the paragraph, substitute:
(c) a person appointed or engaged under the Public Service Act 1999; or
812 Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)
Repeal the paragraph, substitute:
(a) is appointed or engaged under the Public Service Act 1999;
813 Subsection 4(1) (definition of Department)
Omit “has the same meaning as that expression has in the Public Service Act 1922”, substitute “means an Agency within the meaning of the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Shipping Registration Act 1981
815 Subsection 3(1) (definition of employee)
Repeal the definition.
Omit “an officer of or employee in the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “an officer of or employee in the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Ships (Capital Grants) Act 1987
Omit “a person holding or performing the duties of a Senior Executive Service office within the meaning of the Public Service Act 1922, being an office”, substitute “an SES employee or acting SES employee”.
Snowy Mountains Engineering Corporation Limited Sale Act 1993
819 Subsection 35(3) (paragraph (b) of the definition of authorised person)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in that Department.
820 Subsection 38(4) (paragraph (c) of the definition of authorised person)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in that Department, authorised by the Secretary, in writing, for the purposes of this section.
Snowy Mountains Hydro‑electric Power Act 1949
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Social Security (Administration) Act 1999
824 Subclause 14(1) of Schedule 3
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Special Broadcasting Service Act 1991
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Repeal the subsection.
Omit “appointed or employed under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
States Grants (Education Assistance—Participation and Equity) Act 1983
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
States Grants (Petroleum Products) Act 1965
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999 (the public servant)”.
Omit “such an officer”, substitute “the public servant”.
Omit “an officer” (wherever occurring), substitute “the public servant”.
States Grants (Roads) Act 1977
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
States Grants (Schools Assistance) Act 1983
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
States Grants (Schools Assistance) Act 1984
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Stevedoring Industry Charge Assessment Act 1947
837 Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Stevedoring Levy (Collection) Act 1998
Omit “a person holding or performing the duties of a Senior Executive Office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.
Omit “a person holding or performing the duties of a Senior Executive Office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.
Repeal the subsection.
841 Subsection 3(1) (definition of employee)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Insert:
APS Agency means an Agency within the meaning of the Public Service Act.
Insert:
APS employee has the same meaning as in the Public Service Act.
844 Subsection 3(1) (definition of permanent employee)
Repeal the definition, substitute:
permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include:
(a) a part‑time employee who is not an approved part‑time employee; or
(b) a person who is engaged or appointed for employment outside Australia only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition.
845 Subsection 3(1) (definition of Public Service Act)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
846 Subsection 3(1) (definition of temporary employee)
Omit all the words from and including “means” to and including “but does not include:”, substitute “means a person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include:”.
847 Subsection 3C(2) (definition of Department)
Repeal the definition, substitute:
Department means:
(a) an APS Agency; or
(b) a Department of the Parliament.
Repeal the paragraph, substitute:
(a) is a person to whom Division 2 or 3 of the Public Service Act 1922 applied immediately before the time (the repeal time) when that Act was repealed and who:
(i) during the transitional period (within the meaning of Part 3 of the Public Employment (Consequential and Transitional) Amendment Act 1999) continues in eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time); or
(ii) after the end of that transitional period, continues in the same eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time) in which the person was engaged immediately before the end of that transitional period;
Repeal the paragraph.
Repeal the paragraph, substitute:
(d) is a person who is a permanent employee, or a temporary employee, because of having been, or having been deemed to be, re‑appointed or re‑employed in circumstances similar to:
(i) the circumstances in which a person could have been re‑appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act 1922, as in force immediately before its repeal; or
(ii) the circumstances in which a person could have been deemed to have been re‑appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act 1922, as in force immediately before its repeal; or
Omit “(1)(a), (b), (c) or (d)”, substitute “(1)(b) or (d)”.
Omit “(1)(a) or (b)”, substitute “(1)(b)”.
Omit “(1)(c) or (d)”, substitute “(1)(d)”.
854 Subsection 14A(1B) (paragraphs (a) and (b) of the definition of previous relevant employment)
Repeal the paragraphs, substitute:
(a) if the person, after being dismissed or retired from employment, was re‑appointed or re‑employed (or deemed to have been re‑appointed or re‑employed) in circumstances similar to the circumstances referred to in subparagraph (1)(d)(i)—the office held by the person, or the employment in which the person was employed, immediately before his or her dismissal or retirement; or
(b) if the person is re‑appointed or re‑employed (or deemed to be re‑appointed or re‑employed) by a previous employer in circumstances similar to the circumstances referred to in subparagraph (1)(d)(ii)—the office last held by the person, or the employment in which the person was last employed by that employer, before his or her re‑appointment or re‑employment.
Omit “a person to whom Division 2 or 3 of Part IV of the Public Service Act applies or”.
Omit “Public Service Act”, substitute “Public Service Act 1922”.
Repeal the paragraph, substitute:
(a) a person who has ceased to be an eligible employee again becomes an eligible employee because of having been, or having been deemed to be, re‑appointed or re‑employed in circumstances similar to the circumstances referred to in subparagraph (1)(d)(i) or (ii); and
Omit “re‑appointment, declaration or reinstatement” (wherever occurring), substitute “re‑appointment or reinstatement”.
Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and
(b) the Commissioner is the Head of that Statutory Agency.
Repeal the subparagraph, substitute:
(i) in respect of a person employed in an APS Agency—the Agency Head of the Agency is satisfied that the engaging by the person in the other employment is in the interests of the Australian Public Service; or
864 Subsection 57B(1) (paragraphs (a), (b) and (c) of the definition of fixed‑term employee)
Repeal the paragraphs, substitute:
(a) a person appointed under section 51 of the Public Service Act; or
(b) an APS employee on a fixed term; or
Omit “a person continues as an officer by virtue of a direction under subsection 37(6) of that Act”, substitute “a person is immediately engaged under section 53 of that Act”.
Omit “at the same time as the person ceases to be an officer by virtue of the direction” (wherever occurring), substitute “at the same time as the engagement under that section ends”.
Omit “Public Service Act”, substitute “Public Service Act 1922”.
Repeal the paragraph, substitute:
(aa) in the case of an SES employee—the person retires under section 37 of the Public Service Act;
Repeal the paragraph, substitute:
(b) the person’s employment or appointment is terminated on a ground similar to a ground specified in section 76D, 76L or 76W of the Public Service Act 1922, as in force immediately before its repeal;
Repeal the paragraph.
Omit “Public Service Act”, substitute “Public Service Act 1922, in its continued application because of section 8 of the Public Employment (Consequential and Transitional) Amendment Act 1999”.
Repeal the paragraph.
Omit “otherwise than under the Public Service Act,”.
Repeal the subparagraph, substitute:
(i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or
Repeal the subparagraph, substitute:
(i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or
Repeal the section, substitute:
120 Persons to whom Part applies
This Part applies to a person if:
(a) the person ceased to be an eligible employee because he or she has voluntarily terminated his or her employment in order to become:
(i) a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State or of the Legislative Assembly for the Northern Territory; or
(ii) a candidate in an election that is prescribed under the Public Service Act for the purposes of section 32 of that Act; and
(b) the termination took effect not earlier than 6 months before the day on which nominations for the election closed.
Omit “section 47C of the Public Service Act”, substitute “this section”.
Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.
879 Subsection 160(8) (paragraph (a) of the definition of declared authority)
Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.
Omit “an officer or employee of the Australian Public Service”, substitute “a Secretary within the meaning of the Public Service Act, or other person engaged under that Act,”.
881 Subsection 167(2) (definition of officer)
Omit “an officer of the Australian Public Service or an approved authority”, substitute “a person appointed or engaged under the Public Service Act or an officer of an approved authority”.
Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.
883 Section 3 (definition of permanent employee)
Repeal the definition, substitute:
permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include a person who is engaged or appointed for employment outside Australia only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition.
884 Section 3 (definition of temporary employee)
Omit all the words from and including “means” to and including “does not include”, substitute “means a person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include”.
885 Subsection 3AA(2) (definition of Department)
Repeal the definition, substitute:
Department means:
(a) an Agency within the meaning of the Public Service Act 1999; or
(b) a Department of the Parliament.
Repeal the paragraph, substitute:
(h) a person to whom Division 2 or 3 of the Public Service Act 1922 applied immediately before the time (the repeal time) when that Act was repealed and who:
(i) during the transitional period (within the meaning of Part 3 of the Public Employment (Consequential and Transitional) Amendment Act 1999) continues in eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time); or
(ii) after the end of that transitional period, continues in the same eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time) in which the person was engaged immediately before the end of that transitional period;
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
888 Subsection 35(4) (subparagraph (a)(i) of the definition of declared authority)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Superannuation Benefits (Supervisory Mechanisms) Act 1990
890 Subsection 3(1) (definition of overseas employee)
Omit “section 82AF of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
891 Subsection 6(6) (definition of employer)
Omit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.
Superannuation Contributions Tax (Assessment and Collection) Act 1997
892 Subsection 32(1) (paragraph (b) of the definition of person to whom this section applies)
Repeal the paragraph, substitute:
(b) a person engaged under the Public Service Act 1999 in the Agency (within the meaning of that Act) of which the Commissioner is the Agency Head; or
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
894 Section 43 (definition of authorised officer)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997
895 Subsection 28(1) (paragraph (b) of the definition of person to whom this section applies)
Repeal the paragraph, substitute:
(b) a person engaged under the Public Service Act 1999 in the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head; or
Omit “a person who is an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
897 Section 38 (definition of authorised officer)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
Superannuation Guarantee (Administration) Act 1992
898 Subsection 5(5) (paragraph (c) of the definition of Commonwealth Department)
Repeal the paragraph, substitute:
(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999.
899 Subsection 6(1) (definition of authorised officer)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.
900 Subsection 45(1) (paragraph (b) of the definition of person to whom this section applies)
Repeal the paragraph, substitute:
(b) a person engaged under the Public Service Act 1999 in an Agency (within the meaning of that Act) of which the Commissioner is the Agency Head (within the meaning of that Act); or
Superannuation Industry (Supervision) Act 1993
901 Subsection 10(1) (paragraph (c) of the definition of taxation officer)
Repeal the paragraph, substitute:
(c) a person engaged under the Public Service Act 1999, or an officer or employee of an authority of the Commonwealth, performing duties in the Australian Taxation Office; or
Superannuation (Productivity Benefit) Act 1988
902 Subsection 3(1) (definition of Department)
Repeal the definition, substitute:
Department means:
(a) an Agency within the meaning of the Public Service Act 1999; or
(b) a Department of the Parliament.
903 Subsection 3(1) (definition of permanent employee)
Repeal the definition, substitute:
permanent employee means any person employed in a permanent capacity by the Commonwealth or by an approved authority.
904 Subsection 3(1) (definition of Public Service Act)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
905 Subsection 3(1) (paragraph (a) of the definition of qualified employee)
Repeal the paragraph.
906 Subsection 3(1) (paragraph (b) of the definition of qualified employee)
Repeal the paragraph, substitute:
(b) a person employed by the Commonwealth; or
907 Subsection 3(1) (definition of temporary employee)
Repeal the definition, substitute:
temporary employee means any person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include a person who is engaged or appointed for employment outside Australia only.
Superannuation (Resolution of Complaints) Act 1993
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Sydney Airport Demand Management Act 1997
Repeal the paragraph, substitute:
(b) an SES employee in the Department;
Taxation Administration Act 1953
911 Section 2 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Insert:
4A Statutory Agency etc. for purposes of Public Service Act
(1) The staff necessary to assist the Commissioner are to be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and
(b) the Commissioner is the Head of that Statutory Agency.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
915 Subsection 13D(1) (paragraph (a) of the definition of officer)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
917 Subsection 347(3) (definition of Senior Executive Service office)
Repeal the definition.
Telecommunications (Interception) Act 1979
918 Subsection 5(1) (subparagraph (b)(ii) of the definition of certifying officer)
Omit “a Senior Executive Service officer within the meaning of the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Repeal the subsection.
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Repeal the subsection.
923 Section 3 (definition of Senior Executive Service office)
Repeal the definition.
924 Subsection 8AW(6) (paragraph (c) of the definition of associated person)
Repeal the paragraph, substitute:
(c) a person appointed or engaged under the Public Service Act 1999; or
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department;
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department of Finance;
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department;
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department of Finance;
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.
Termination Payments Tax (Assessment and Collection) Act 1997
932 Subsection 23(1) (paragraph (b) of the definition of person to whom this section applies)
Repeal the paragraph, substitute:
(b) a person engaged under the Public Service Act 1999 in the Agency (within the meaning of that Act) of which the Commissioner is the Agency Head; or
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
934 Section 31 (definition of authorised officer)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
Textile, Clothing and Footwear Strategic Investment Program Act 1999
935 Subsection 48(6) (paragraph (a) of the definition of senior officer)
Repeal the paragraph, substitute:
(a) an SES employee, or acting SES employee, in the Department; or
Repeal the subsection, substitute:
(2) While an approval is in force for the purpose of subsection (1), section 57 has effect as if such a function or power were a function or power under this Act.
Omit “another Department or of”.
Insert:
(ba) an APS employee in an Agency (within the meaning of the Public Service Act 1999) that has functions in relation to therapeutic goods; or
Tobacco Charges Assessment Act 1955
939 Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
940 Section 6 (definition of employee)
Repeal the definition, substitute:
employee means a person engaged under the Public Service Act 1999.
941 Section 6 (paragraph (a) of the definition of trade marks officer)
Repeal the paragraph.
942 Section 6 (paragraph (c) of the definition of trade marks officer)
Omit “(a) or”.
Omit all the words after “functions”, substitute “to a prescribed employee, or employees in a prescribed class, employed in the Trade Marks Office”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Chairperson of the Commission and the APS employees assisting the Chairperson together constitute a Statutory Agency; and
(b) the Chairperson is the Head of that Statutory Agency.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Council President and the APS employees assisting the Council President together constitute a Statutory Agency; and
(b) the Council President is the Head of that Statutory Agency.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “an officer or employee for the purposes of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
Omit “officer” (second and third occurring), substitute “public servant”.
Trade Representatives Act 1933
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “the Public Service Act 1922”, substitute “that Act”.
Omit “Commonwealth Public Service Act 1922‑1932 or of the Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
960 Subsections 11C(1) and (2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Transport (Planning and Research) Act 1974
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Transport Planning and Research (Financial Assistance) Act 1977
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Veterans’ Entitlements Act 1986
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
967 At the end of paragraphs 184(a), (b) and (c)
Add “and”.
Omit “President; and”, substitute “President.”.
Repeal the paragraph.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Wet Tropics of Queensland World Heritage Area Conservation Act 1994
Repeal the paragraph, substitute:
(a) persons engaged under the Public Service Act 1999; or
Wildlife Protection (Regulation of Exports and Imports) Act 1982
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Williamstown Dockyard Employees Act 1987
981 Section 3 (paragraph (a) of the definition of relevant employee)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
982 Section 3 (definition of the Service)
Repeal the definition, substitute:
the Service means the APS within the meaning of the Public Service Act 1999.
Wool Tax (Administration) Act 1964
983 Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
984 Subsection 4(1) (paragraph (a) of the definition of public sector employment)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
(a) the Industrial Registrar and the APS employees assisting the Industrial Registrar together constitute a Statutory Agency; and
(b) the Industrial Registrar is the Head of that Statutory Agency.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
993 Subsection 170CD(1) (paragraph (a) of the definition of Commonwealth public sector employee)
Repeal the paragraph, substitute:
(a) under the Public Service Act 1999; or
Repeal the section, substitute:
170WK AWAs with Commonwealth employees
An Agency Head (within the meaning of the Public Service Act 1999) may act on behalf of the Commonwealth in relation to AWAs with persons in the Agency who are engaged under the Public Service Act 1999.
Workplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999
Omit “item 964 of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999”, substitute “the item of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999 dealing with section 170WK of the Workplace Relations Act 1996”.
[Minister’s second reading speech made in—
House of Representatives on 30 March 1999
Senate on 14 October 1999]
(66/99)