Statutory Rules 1989 No. 3951

A.C.T. Self-Government (Consequential

Provisions) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the A.C.T. Self-Government (Consequential Provisions) Act 1988.

Dated 21 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Clyde Holding

Minister of State for the Arts, Tourism and Territories

Commencement

1. These Regulations are to be taken to have commenced on 11 May 1989.

Schedule 1

2. Schedule 1 to the A.C.T. Self-Government (Consequential Provisions) Regulations is amended by inserting in its appropriate alphabetical position (determined on a letter-by-letter basis according to the citation of the Act to be modified) the following:

Australian Bureau of Statistics Act 1975

Subsection 19 (3):

(a) after “Chief Minister” (first occurring) insert “of the Australian Capital Territory or”

(S.R. 396/89)—Cat. No. 14/8.12.1989

(b) omit “the Northern Territory” (second occurring), substitute “that Territory”.

Australian Wine and Brandy Corporation Act 1980

Subsection 40 (9):

Omit the subsection, substitute:

“(9) In this section:

‘Parliament’ means:

(a) in relation to the Australian Capital Territory—the Legislative Assembly for the Territory; and

(b) in relation to the Northern Territory—the Legislative Assembly of the Territory;

‘State’ includes the Australian Capital Territory and the Northern Territory.”.

Automotive Industry Authority Act 1984

Subsection 25 (5) (definition of “State”):

After “includes” insert “the Australian Capital Territory and”.

Dairy Produce Act 1986

Subsection 36 (5):

Omit the subsection, substitute:

“(5) In this section:

‘Parliament’ means:

(a) in relation to the Australian Capital Territory—the Legislative Assembly for the Territory; and

(b) in relation to the Northern Territory—the Legislative Assembly of the Territory;

‘State’ includes the Australian Capital Territory and the Northern Territory.”.

Fishing Industry Research and Development Act 1987

Section 4 (definition of “Parliament”):

Omit the definition, substitute:

“ ‘Parliament’ means.

(a) in relation to the Australian Capital Territory—the Legislative Assembly for the Territory; and

(b) in relation to the Northern Territory—the Legislative Assembly of the Territory;”.

Section 4 (definition of “State”):

After “includes” insert “the Australian Capital Territory and”.

Home and Community Care Act 1985

Subsection 3 (4):

After “includes” insert “the Australian Capital Territory and”.

Schedule:

After “Department” (first occurring) in clause 34 insert “, or in the case of the Australian Capital Territory, the administrative unit of the public service referred to in section 54 of the Australian Capital Territory (Self-Government) Act 1988,”.

Petroleum Retail Marketing Sites Act 1980

Subsection 7 (4) (definition of “State”):

After “includes” insert “the Australian Capital Territory and”.

Section 7:

Add at the end the following subsection:

“(5) In subsection (4), a reference to:

(a) an enactment within the meaning of the Australian Capital Territory (Self-Government) Act 1988; or

(b) the Australia Capital Territory (Self-Government) Act 1988 or the Canberra Water Supply (Googong Dam) Act 1974; or

(c) Part IV, sections 29 and 30, subsection 63 (2), section 66 or Division 5 of Part X of the Australian Capital Territory (Planning and Land Management) Act 1988;

is not a reference to a law of the Commonwealth or of a Territory but is a reference to a law of a State.”.

Public Service Act 1922

Subsection 7 (1) (definition of “Commonwealth authority”):

After “(other than” in paragraph (b) insert “an enactment within the meaning of the Australian Capital Territory (Self-Government) Act 1988 or a law of”.

Paragraph 22b (14) (b):

Omit the paragraph.

Paragraph 22c (13) (b):

Omit the paragraph.

Subsection 87 (1) (definition of “Commonwealth office”):

(a) omit from paragraph (a) “or” (last occurring);

(b) after paragraph (b) insert the following word and paragraph:

“; or (ba) an office or appointment, other than an office of Minister within the meaning of the Australian Capital Territory (Self-Government) Act 1988, the holder of which is appointed by the Executive, or by a Minister, within the meaning of that Act;”.

Paragraph 87 (2) (c):

Omit the paragraph.

Paragraph 87 (2) (j):

Insert “the Australian Capital Territory or” after “other than”.

Paragraph 87 (2) (k):

Omit “or” (last occurring).

Subsection 87 (2):

After paragraph (k) insert the following paragraphs:

“(ka) employment as a member of the Australian Capital Territory Teaching Service;

(kb) employment by the Australian Capital Territory as a member of staff of a member of the Legislative Assembly of that Territory; or”.

Paragraph 87j (2) (a):

Omit the paragraph.

After Part IV:

Insert the following Part:

“PART IVA—OFFICERS AND EMPLOYEES ENGAGED OR EMPLOYED BY ASSEMBLY MEMBERS

Interpretation

“87zh. In this Part, unless the contrary intention appears:

‘Assembly’ means the Legislative Assembly for the Australian Capital Territory;

‘employee’ means an employee who is a member of the transitional staff;

‘Head of Administration’ has the same meaning as in the Self-Government Act;

‘Minister’ means a Minister appointed under section 41 of the Self-Government Act;

‘officer’ means an officer who is a member of the transitional staff;

‘Self-Government Act’ means the Australian Capita! Territory (Self-Government) Act 1988;

‘transitional staff’ has the same meaning as in the A.C.T. Self-Government (Consequential Provisions) Act 1988.

Rights of officers

“87zi. (1) An officer employed by a member of the Assembly may apply in writing to the Merit Protection and Review Agency:

(a) before the termination of the employment; or

(b) before the end of the period of 30 days, or such further period as the Merit Protection and Review Agency allows, after the termination of the employment;

for the making of a determination under this section.

“(2) The Merit Protection and Review Agency must refer an application to a Re-integration Assessment Committee constituted under the Merit Protection (Australian Government Employees) Act 1984.

“(3) The Committee must inquire into the application and, having regard to:

(a) the office in the Australian Public Service held by the officer before being employed under the Legislative Assembly (Members’ Staff) Act 1989 of the Australian Capital Territory; and

(b) the duration of that employment; and

(d) any other matter that in the opinion of the Committee is relevant;

must determine:

(e) the classification (being a classification that is the same as, or higher than, the classification of the officer as an unattached officer at the time of the determination) that the officer is to have as an unattached officer in the branch of the Australian Public Service comprising the transitional staff; and

(f) the rate of salary at which the officer is to be paid, unless there is only 1 rate of salary applicable in respect of that classification.

“(4) A determination in relation to an officer must be in writing and copies of the determination must be given by the Committee to the Head of Administration and the officer.

“(5) A determination has effect, or is to be taken to have had effect, upon the termination of the employment of the officer to whom it relates.

Rights of employees

“87zj. (1) Subject to subsection (2), for the purposes of this Act, an employee who is employed by a member of the Assembly is to be taken to be on leave without pay while the engagement or employment continues but the service of the employee under that engagement or employment must be taken into account as if it were service as an employee.

“(2) An employee:

(a) who was selected for employment under this Act; or

(b) whose employment under this Act was authorised;

on the condition that the employment:

(d) should not continue after the completion of specified work;

is to be taken to have ceased to be an employee at the end of that period or the completion of the work.”.

States Grants (Nature Conservation) Act 1974

Section 3:

Insert the following definition:

“ ‘State’ includes the Australian Capital Territory.”.

States and Northern Territory Grants (Rural Adjustment) Act 1988

Section 3 (definition of “State”):

After “includes” insert “the Australian Capital Territory and”.

Schedule:

(a) omit “THE NORTHERN TERRITORY OF AUSTRALIA of the eighth part,”, substitute:

“THE AUSTRALIAN CAPITAL TERRITORY of the eighth part, THE NORTHERN TERRITORY OF AUSTRALIA of the ninth part,”;

(b) after “Territory” in recital (C) insert “and to provide for the payment of financial assistance to the Australian Capital Territory”;

(d) after “each State” in subclause 1 (1) insert “, the Australian Capital Territory”;

(e) after “all of the States” in subclause 1 (1) insert “, the Australian Capital Territory”;

(f) after “Tasmania” in subclause 1 (3) insert “and the Australian Capital Territory”;

(g) after “State or” in the definitions of “farm enterprise” and “farmer” in subclause 3 (1) insert “, in the Australian Capital Territory”.

Urban and Regional Development (Financial Assistance) Act 1974

Section 3:

insert the following definition:

“ ‘State’ includes the Australian Capital Territory;”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

2. Statutory Rules 1989 No. 3 as amended by 1989 Nos. 52, 88, 188, 209, 210, 234, 298, 299 and 304, 391, 392, 393 and 394.

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