1998‑99

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Public Employment (Consequential and Transitional) Amendment Bill 1999

No.      , 1999

(Prime Minister)

A Bill for 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
  
 ISBN 0642392218 

Contents
Part 1—Preliminary	1
1	Short title	1
2	Commencement	2
Part 2—Repeals and amendments	3
3	Schedule(s)	3
Part 3—Transitional provisions	4
4	Interpretation	4
5	Conversion of officers, employees etc.	7
6	Rights under Part IV of the old Act—first tier	9
7	Rights under Part IV of the old Act—second tier	10
8	Retirement and redeployment of Secretaries	10
9	Determinations under section 82D of the old Act	10
10	Misconduct	11
11	Secretaries of core Departments	11
12	Parliamentary Departments	11
13	References in statutory instruments to “officer” etc.	12
14	Regulations	13
Schedule 1—Repeals and amendments	15
Aboriginal and Torres Strait Islander Commission Act 1989	15
Aboriginal and Torres Strait Islander Heritage Protection Act 1984	17
Aboriginal Councils and Associations Act 1976	17
Aboriginal Land Rights (Northern Territory) Act 1976	18
Acts Interpretation Act 1901	18
Administrative Appeals Tribunal Act 1975	20
Administrative Arrangements Act 1987	20
Administrative Decisions (Judicial Review) Act 1977	21
Affirmative Action (Equal Employment Opportunity for Women) Act 1986	21
Aged Care Act 1997	22
Aged Care Income Testing Act 1997	22
Agricultural and Veterinary Chemicals (Administration) Act 1992	22
Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994	22
Aircraft Noise Levy Collection Act 1995	23
Airline Equipment (Loan Guarantee) Act 1972	23
Airline Equipment (Loan Guarantee) Act 1976	23
Airline Equipment (Loan Guarantee) Act 1977	24
Airline Equipment (Loan Guarantee) Act 1978	24
Airline Equipment (Loan Guarantee) Act (No. 2) 1978	24
Airline Equipment (Loan Guarantee) Act 1980	24
Airline Equipment (Loan Guarantee) Act 1981	24
Airports Act 1996	25
Air Services Act 1995	25
Albury‑Wodonga Development Act 1973	25
ANL Guarantee Act 1994	26
Anti‑Dumping Authority Act 1988	26
Archives Act 1983	26
Auditor‑General Act 1997	27
Australia Council Act 1975	27
Australia‑Japan Foundation Act 1976	28
Australian Bicentennial Road Development Trust Fund Act 1982	28
Australian Broadcasting Corporation Act 1983	28
Australian Bureau of Statistics Act 1975	28
Australian Capital Territory Government Service (Consequential Provisions) Act 1994	29
Australian Capital Territory (Planning and Land Management) Act 1988	31
Australian Centre for International Agricultural Research Act 1982	32
Australian Communications Authority Act 1997	33
Australia New Zealand Food Authority Act 1991	33
Australian Federal Police Act 1979	34
Australian Film Commission Act 1975	34
Australian Film, Television and Radio School Act 1973	35
Australian Hearing Services Act 1991	35
Australian Heritage Commission Act 1975	36
Australian Industry Development Corporation Act 1970	36
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989	37
Australian Institute of Health and Welfare Act 1987	37
Australian Institute of Marine Science Act 1972	38
Australian Land Transport Development Act 1988	38
Australian Land Transport (Financial Assistance) Act 1985	38
Australian Law Reform Commission Act 1996	38
Australian Maritime Safety Authority Act 1990	39
Australian National Maritime Museum Act 1990	39
Australian National Railways Commission Act 1983	40
Australian National Training Authority Act 1992	40
Australian Nuclear Science and Technology Organisation Act 1987	41
Australian Protective Service Act 1987	42
Australian Science, Technology and Engineering Council Act 1978	42
Australian Securities Commission Act 1989	43
Australian Security Intelligence Organization Act 1979	44
Australian Space Council Act 1994	45
Australian Sports Commission Act 1989	45
Australian Sports Drug Agency Act 1990	46
Australian Tourist Commission Act 1987	46
Australian Trade Commission Act 1985	46
Australian War Memorial Act 1980	47
Australian Wine and Brandy Corporation Act 1980	47
Australian Wool Research and Promotion Organisation Act 1993	48
Banking Act 1959	48
Bank Integration Act 1991	48
Bankruptcy Act 1966	48
Bounty (Books) Act 1986	49
Broadcasting Services Act 1992	49
Chemical Weapons (Prohibition) Act 1994	49
Child Support (Assessment) Act 1989	49
Child Support (Registration and Collection) Act 1988	50
Christmas Island Act 1958	50
Civil Aviation Act 1988	50
Classification (Publications, Films and Computer Games) Act 1995	51
Cocos (Keeling) Islands Act 1955	51
Commonwealth Authorities and Companies Act 1997	51
Commonwealth Bank Sale Act 1995	52
Commonwealth Electoral Act 1918	52
Commonwealth Grants Commission Act 1973	55
Commonwealth Inscribed Stock Act 1911	55
Commonwealth Legal Aid Act 1977	55
Commonwealth Serum Laboratories Act 1961	55
Commonwealth Services Delivery Agency Act 1997	55
Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997	56
Complaints (Australian Federal Police) Act 1981	56
Constitutional Convention (Election) Act 1997	56
Construction Industry Reform and Development Act 1992	57
Co‑operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978	57
Copyright Act 1968	57
Cotton Research Act 1982	57
Council for Aboriginal Reconciliation Act 1991	58
Crimes Act 1914	58
Crimes (Aviation) Act 1991	59
Criminology Research Act 1971	59
CSL Sale Act 1993	59
Customs Act 1901	60
Customs Administration Act 1985	60
Dairy Produce Act 1986	60
Debits Tax Administration Act 1982	61
Deer Velvet Export Charge Act 1992	61
Deer Velvet Levy Act 1992	61
Defence Act 1903	61
Defence Force Discipline Act 1982	62
Defence Force Discipline Appeals Act 1955	62
Defence Force Retirement and Death Benefits Act 1973	62
Defence Housing Authority Act 1987	63
Defence Service Homes Act 1918	64
Defence (Special Undertakings) Act 1952	64
Designs Act 1906	64
Development Allowance Authority Act 1992	65
Director of Public Prosecutions Act 1983	65
Disability Discrimination Act 1992	66
Disability Services Act 1986	66
Economic Planning Advisory Commission Act 1983	66
Education Legislation Amendment Act 1997	67
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991	67
Employment, Education and Training Act 1988	67
Employment Services Act 1994	68
Endangered Species Protection Act 1992	69
Environment Protection (Alligator Rivers Region) Act 1978	69
Equal Employment Opportunity (Commonwealth Authorities) Act 1987	69
Evidence Act 1995	72
Excise Tariff Act 1921	72
Family Law Act 1975	72
Federal Airports Corporation Act 1986	74
Federal Court of Australia Act 1976	75
Financial Corporations Act 1974	77
Financial Management and Accountability Act 1997	77
Financial Transaction Reports Act 1988	77
First Home Owners Act 1983	77
Fisheries Management Act 1991	78
Fishing Industry Research Act 1969	78
Foreign Evidence Act 1994	78
Forestry and Timber Bureau Act 1930	78
Freedom of Information Act 1982	78
Fringe Benefits Tax (Application to the Commonwealth) Act 1986	79
Fringe Benefits Tax Assessment Act 1986	79
Governor‑General Act 1974	79
Great Barrier Reef Marine Park Act 1975	80
Hazardous Waste (Regulation of Exports and Imports) Act 1989	80
Health Insurance Act 1973	81
Health Insurance Commission Act 1973	81
High Court of Australia Act 1979	82
Horticultural Policy Council Act 1987	82
Housing Assistance Act 1996	82
Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990	83
Human Rights and Equal Opportunity Commission Act 1986	83
Immigration (Education) Act 1971	84
Income Tax Assessment Act 1936	84
Income Tax Assessment Act 1997	85
Industrial Chemicals (Notification and Assessment) Act 1989	85
Industry Commission Act 1989	87
Industry Research and Development Act 1986	87
Inspector‑General of Intelligence and Security Act 1986	87
Insurance Acquisitions and Takeovers Act 1991	88
Insurance (Agents and Brokers) Act 1984	89
Insurance and Superannuation Commissioner Act 1987	89
Insurance Contracts Act 1984	90
Insurance Supervisory Levies Collection Act 1989	91
International Air Services Commission Act 1992	91
International Shipping (Australian‑resident Seafarers) Grants Act 1995	91
International Transfer of Prisoners Act 1997	91
Lands Acquisition Act 1989	92
Legislative Instruments Act 1997	92
Life Insurance Act 1995	92
Long Service Leave (Commonwealth Employees) Act 1976	92
Management and Investment Companies Act 1983	95
Maternity Leave (Commonwealth Employees) Act 1973	95
Meat and Live‑stock Industry Act 1995	98
Meat Inspection Arrangements Act 1964	98
Members of Parliament (Staff) Act 1984	98
Merit Protection (Australian Government Employees) Act 1984	100
Migration Act 1958	100
Motor Vehicle Standards Act 1989	101
National Crime Authority Act 1984	102
National Environment Protection Council Act 1994	102
National Gallery Act 1975	103
National Health Act 1953	103
National Health and Medical Research Council Act 1992	104
National Labour Consultative Council Act 1977	105
National Library Act 1960	105
National Museum of Australia Act 1980	106
National Occupational Health and Safety Commission Act 1985	107
National Parks and Wildlife Conservation Act 1975	108
National Roads Act 1974	108
National Transmission Network Sale Act 1997	108
Native Title Act 1993	109
Natural Heritage Trust of Australia Act 1997	110
Natural Resources Management (Financial Assistance) Act 1992	110
Naval Defence Act 1910	110
Norfolk Island Act 1979	111
Nuclear Non‑Proliferation (Safeguards) Act 1987	111
Occupational Health and Safety (Commonwealth Employment) Act 1991	111
Occupational Health and Safety (Maritime Industry) Act 1993	112
Office of National Assessments Act 1977	112
Ombudsman Act 1976	113
Overseas Students (Refunds) Act 1990	115
Ozone Protection Act 1989	115
Parliamentary Contributory Superannuation Act 1948	115
Parliamentary Counsel Act 1970	116
Patents Act 1990	116
Petroleum Excise (Prices) Act 1987	116
Petroleum Resource Rent Tax Assessment Act 1987	117
Plant Breeder’s Rights Act 1994	117
Pooled Development Funds Act 1992	117
Prawn Export Promotion Act 1995	117
Prices Surveillance Act 1983	117
Primary Industries Levies and Charges Collection Act 1991	118
Privacy Act 1988	118
Proceeds of Crime Act 1987	119
Protection of Movable Cultural Heritage Act 1986	119
Public Lending Right Act 1985	119
Public Service Act 1922	119
Qantas Sale Act 1992	120
Racial Discrimination Act 1975	120
Radiocommunications Act 1992	120
Referendum (Machinery Provisions) Act 1984	121
Registration of Deaths Abroad Act 1984	121
Remuneration and Allowances Act 1990	122
Remuneration Tribunal Act 1973	123
Repatriation Institutions (Transfer) Act 1992	124
Reserve Bank Act 1959	125
Retirement Savings Accounts Act 1997	126
Roads Grants Act 1974	126
Roads Grants Act 1980	126
Roads Grants Act 1981	126
Rural Adjustment Act 1992	127
Rural Industries Research Act 1985	127
Safety, Rehabilitation and Compensation Act 1988	127
Science and Industry Research Act 1949	128
Seafarers Rehabilitation and Compensation Act 1992	128
Seafarers Rehabilitation and Compensation Levy Collection Act 1992	129
Sea Installations Act 1987	129
Sex Discrimination Act 1984	130
Shipping Registration Act 1981	130
Ships (Capital Grants) Act 1987	130
Snowy Mountains Engineering Corporation Limited Sale Act 1993	131
Snowy Mountains Hydro‑electric Power Act 1949	131
Social Security Act 1991	131
Special Broadcasting Service Act 1991	132
Special Prosecutors Act 1982	132
States Grants (Education Assistance—Participation and Equity) Act 1983	132
States Grants (Petroleum Products) Act 1965	132
States Grants (Roads) Act 1977	133
States Grants (Schools Assistance) Act 1983	133
States Grants (Schools Assistance) Act 1984	133
Stevedoring Industry Charge Assessment Act 1947	133
Student and Youth Assistance Act 1973	133
Superannuation Act 1976	133
Superannuation Act 1990	139
Superannuation Benefits (Supervisory Mechanisms) Act 1990	140
Superannuation Contributions Tax (Assessment and Collection) Act 1997	141
Superannuation Entities (Taxation) Act 1987	141
Superannuation Guarantee (Administration) Act 1992	141
Superannuation Industry (Supervision) Act 1993	142
Superannuation (Productivity Benefit) Act 1988	142
Superannuation (Resolution of Complaints) Act 1993	143
Taxation Administration Act 1953	143
Telecommunications Act 1997	144
Telecommunications (Interception) Act 1979	144
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997	145
Telstra Corporation Act 1991	145
Termination Payments Tax (Assessment and Collection) Act 1997	146
Therapeutic Goods Act 1989	146
Tobacco Charges Assessment Act 1955	147
Trade Marks Act 1995	147
Trade Practices Act 1974	148
Trade Representatives Act 1933	149
Transport (Planning and Research) Act 1974	150
Transport Planning and Research (Financial Assistance) Act 1977	150
Veterans’ Entitlements Act 1986	150
War Graves Act 1980	152
Wet Tropics of Queensland World Heritage Area Conservation Act 1994	152
Wheat Marketing Act 1989	152
Wildlife Protection (Regulation of Exports and Imports) Act 1982	152
Williamstown Dockyard Employees Act 1987	153
Wool International Act 1993	153
Wool Tax (Administration) Act 1964	153
Workplace Relations Act 1996	153

A Bill for 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
The Parliament of Australia enacts:
Part 1—Preliminary
   
1  Short title
		This Act may be cited as the Public Employment (Consequential and Transitional) Amendment Act 1999.
2  Commencement
	(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 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, none of the amended section has yet commenced;
then the amending item commences immediately after the commencement of the amended section.
	(5)	If the Employment, Education and Training Amendment Act 1997 commences before the commencing time, then items 386 and 387 of Schedule 1 to this Act never commence.
	(6)	If item 66 of Schedule 7 to the Financial Laws Amendment Act 1997 commences before the commencing time, then items 524, 525, 526, 527 and 528 of Schedule 1 to this Act never commence.
	(7)	If Schedule 8 to the Financial Laws Amendment Act 1997 commences before the commencing time, then items 519, 520, 521, 522, 523, 532, 533, 534, 535 and 536 of Schedule 1 to this Act never commence.

Part 2—Repeals and amendments
 
3  Schedule(s)
	(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
 
4  Interpretation
		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 67 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 person to whom Division 3 of Part IV of the old Act applied immediately before the commencing time.
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.
Fixed‑term SES officer
	(3)	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
	(4)	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 APS employee under the new Act.
Non‑SES officers
	(5)	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 APS employee under the new Act.
Term employees
	(6)	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
	(7)	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 APS employee under the new Act.
Overseas‑engaged employees
	(8)	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
	(9)	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.
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 first anniversary of the commencing time.
10  Misconduct
	(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.
12  Parliamentary Departments
	(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.
	(1)	In any statutory instrument (other than the Acts Interpretation Act 1901), unless the contrary intention appears:
	(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.
14  Regulations
	(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
1  Subsection 35(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
2  Subsection 49(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
3  Subsection 55(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
4  Subsection 55(2)
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.
5  Subsection 77C(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
6  Subsection 77E(1)
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
7  Subsection 124C(1)
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
8  Subsection 124E(1)
Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.
9  Subsection 127D(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
10  Subsection 143P(1)
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
11  Subsection 143Z(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
12  Subsection 144K(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
13  Subsection 144R(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
14  Subsection 144R(2)
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.
15  Subsection 144ZK(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
16  Subsection 144ZM(1)
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
17  Subsection 192D(2)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
18  Subsection 200(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
19  Subsection 200(2)
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
20  Subsection 30(2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
21  Subsection 30(2)
Omit “officer” (second and third occurring), substitute “public servant”.
Aboriginal Councils and Associations Act 1976
22  Subsection 4(4)
Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
Aboriginal Land Rights (Northern Territory) Act 1976
23  Paragraph 23E(3)(b)
Omit “Permanent Head” (wherever occurring), substitute “Secretary”.
24  Paragraph 54C(2)(b)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
25  Subsection 54C(2)
Omit “the officer” (wherever occurring), substitute “the public servant”.
26  Section 59
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Acts Interpretation Act 1901
27  After section 17
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.
28  Paragraph 19B(3)(a)
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”.
29  Paragraph 19BA(3)(a)
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”.
30  At the end of section 19C
Add:
	(2)	In this section:
officer includes an APS employee.
31  At the end of section 21
Add:
	(2)	In this section:
office includes a position occupied by an APS employee.
officer includes an APS employee.
32  At the end of section 25B
Add:
	(3)	In this section:
office includes a position occupied by an APS employee.
33  After subsection 33(2)
Insert:
	(2AA)	In subsection (2), office includes a position occupied by an APS employee.
34  At the end of section 33A
Add:
	(2)	In this section:
office includes a position occupied by an APS employee.
Administrative Appeals Tribunal Act 1975
35  Subsection 12(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
36  Subsection 24G(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
37  Subsection 24N(3)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
38  Subsection 24N(4)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
39  Subsection 24N(4)
Omit “the Department”, substitute “the Agency”.
40  Section 24P
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.
41  Section 57
Omit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.
Administrative Arrangements Act 1987
42  Subsection 19(1)
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”.
43  Subsection 19(2)
Omit all the words after “the specified”, substitute “SES employee or acting SES employee”.
Administrative Decisions (Judicial Review) Act 1977
44  Paragraph (r) of Schedule 2
Omit “officers of the Australian Public Service”, substitute “APS employees”.
45  Paragraph (s) of Schedule 2
Repeal the paragraph.
46  Subparagraph (t)(ii) of Schedule 2
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
47  Paragraph (w) of Schedule 2
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Affirmative Action (Equal Employment Opportunity for Women) Act 1986
48  Subsection 29(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
49  Subsection 29(2)
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.
Aged Care Act 1997
50  Clause 1 of Schedule 1 (definition of officer)
Repeal the definition.
Aged Care Income Testing Act 1997
51  Section 3 (definition of officer)
Repeal the definition.
Agricultural and Veterinary Chemicals (Administration) Act 1992
52  Paragraph 11(1)(e)
Repeal the paragraph, substitute:
	(e)	a person appointed or engaged under the Public Service Act 1999;
53  Section 39
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
54  Paragraph 46(1)(a)
Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.
55  Subsection 69F(1)
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
56  Subsection 18(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Aircraft Noise Levy Collection Act 1995
57  Paragraph 10(3)(a)
Repeal the paragraph, substitute:
	(a)	an SES employee, or acting SES employee, in the Department; or
58  Subsection 14(3)
Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
59  Subsection 17(2)
Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
60  Paragraph 18(3)(a)
Repeal the paragraph, substitute:
	(a)	an SES employee, or acting SES employee, in the Department; or
Airline Equipment (Loan Guarantee) Act 1972
61  Subparagraph 4(d)(i)
Omit “officers employed in the Commonwealth Service”, substitute “APS employees”.
62  Subparagraph 4(d)(ii)
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1976
63  Subparagraph 5(d)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
64  Subparagraph 5(d)(ii)
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1977
65  Subparagraph 5(d)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
66  Subparagraph 5(d)(ii)
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1978
67  Subparagraph 5(d)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
68  Subparagraph 5(d)(ii)
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act (No. 2) 1978
69  Subparagraph 6(e)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
70  Subparagraph 6(e)(ii)
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1980
71  Subparagraph 5(e)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
72  Subparagraph 5(e)(ii)
Omit “officers”, substitute “APS employees”.
Airline Equipment (Loan Guarantee) Act 1981
73  Subparagraph 5(e)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
74  Subparagraph 5(e)(ii)
Omit “officers”, substitute “APS employees”.
Airports Act 1996
75  Paragraph 244(1)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee or acting SES employee whether or not in the Department;
76  Subsection 244(2)
Repeal the subsection.
77  Subsection 249(3)
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
78  Subsection 249(7) (definition of Senior Executive Service office)
Repeal the definition.
Air Services Act 1995
79  Subsection 30(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Albury‑Wodonga Development Act 1973
80  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”.
81  Paragraph 8(1)(e)
Omit “for Departments”, substitute “for Agencies (within the meaning of the Public Service Act 1999)”.
82  Paragraph 8(1)(e)
Omit “those Departments”, substitute “those Agencies”.
83  Subsection 21(3)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
84  Subsection 21(3)
Omit “the Department”, substitute “the Agency”.
85  Section 22
Repeal the section.
ANL Guarantee Act 1994
86  Subsection 5(1)
Omit “an officer in the Senior Executive Service”, substitute “a person who is an SES employee or acting SES employee”.
87  Subsection 5(2)
Omit “officer”, substitute “person”.
Anti‑Dumping Authority Act 1988
88  Subsection 18(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Archives Act 1983
89  Subsection 3(1) (definition of Director‑General)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
90  Subsection 7(1)
Omit “hold office under the Public Service Act 1922”, substitute “be a person appointed or engaged under the Public Service Act 1999”.
91  Section 9
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
92  Paragraph 34(8)(a)
Repeal the paragraph, substitute:
	(a)	the Secretary of a Department (within the meaning of the Public Service Act 1999); or
Auditor‑General Act 1997
93  Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
94  After subsection 40(1)
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.
95  Subclause 4(1) of Schedule 1
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Australia Council Act 1975
96  Subsection 12(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
97  Subsection 16(5)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
98  Subsection 19C(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Australia‑Japan Foundation Act 1976
99  Section 20
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
100  Subsection 26(1)
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
101  Subsection 14A(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Australian Bureau of Statistics Act 1975
102  Subparagraph 6(5)(b)(i)
Repeal the subparagraph, substitute:
	(i)	an Agency within the meaning of the Public Service Act 1999; or
103  Subsection 16(1)
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”.
104  Subsection 16(3)
Omit “, with the approval of the Public Service Board,”.
105  Subsections 16(4) and (5)
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
106  Subsection 3(1) (definition of unattached officer)
Repeal the definition.
107  Sections 6 and 7
Repeal the sections.
108  Subsection 8(1)
After “where”, insert “before the commencement of the Public Service Act 1999”.
109  Subsection 8(2)
After “Secretary” (first occurring), insert “or Agency Head (within the meaning of the Public Service Act 1999)”.
110  Subsection 8(2)
After “Secretary” (last occurring), insert “or Agency Head”.
111  Subsection 8(3)
After “Secretary”, insert “or Agency Head (within the meaning of the Public Service Act 1999)”.
112  Subsection 8(5)
After “Secretary”, insert “or Agency Head”.
113  Section 10
Omit “The Secretary of a Department of the Australian Public Service”, substitute “An Agency Head (within the meaning of the Public Service Act 1999)”.
114  Paragraph 10(a)
Omit “Department”, substitute “Agency (within the meaning of that Act)”.
115  Paragraph 10(b)
Omit “Secretary”, substitute “Agency Head”.
116  Part 3
Repeal the Part.
117  Section 24
Repeal the section.
118  Subsection 25(1)
Repeal the subsection, substitute:
	(1)	This section applies to a person who is engaged under section 22 of the Public Service Act 1999.
119  Subsection 25(2)
Repeal the subsection.
120  Subsection 25(3)
Omit “appointment to an office or as an unattached officer”, substitute “engagement as an APS employee”.
121  Subsections 25(3) and (4)
Omit “Public Service Act”, substitute “Public Service Act 1999”.
122  Subsection 25(4)
Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.
123  Subsection 25(4)
Omit “an officer of the Australian Public Service”, substitute “an APS employee”.
124  Subsection 25(5)
Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.
125  Subsection 25(5)
Omit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.
126  Subsection 25(6)
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”.
127  Subparagraph 26(2)(a)(i)
Omit “Public Service Act”, substitute “Public Service Act 1999”.
128  Paragraph 26(2)(b)
Omit “under a provision corresponding to section 6 of this Act”.
129  Paragraph 26(3)(b)
After “Public Service Act 1922”, insert “or the Public Service Act 1999”.
Australian Capital Territory (Planning and Land Management) Act 1988
130  Subsection 38(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
131  Subsection 47(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
132  Subsection 47(2)
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
133  Paragraph 19(1)(c)
Omit “office”, substitute “position”.
134  Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
135  Subsection 30(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
136  Subsections 30(2) and (3)
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.
137  Subsection 31(1)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
138  Subsection 31(1)
Omit “the Department”, substitute “the Agency”.
Australian Communications Authority Act 1997
139  Subsection 35(1)
Omit “This subsection has effect subject to section 87E of the Public Service Act 1922.”.
140  Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
141  Subsection 40(2)
Repeal the subsection, substitute:
	(2)	For the purposes of the Public Service Act 1999:
	(a)	the Chairman and the APS employees assisting the Chairman together constitute a Statutory Agency; and
	(b)	the Chairman is the Head of that Statutory Agency.
Australia New Zealand Food Authority Act 1991
142  Paragraph 38(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)”.
143  Paragraphs 38(d) and (e)
After “in those”, insert “Agencies,”.
144  Paragraph 39(7)(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)”.
145  Paragraph 39(7)(a)
Omit “the Department”, substitute “the Agency”.
146  Subsection 53(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
147  Subsection 53(2)
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
148  Subsection 21(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
149  After subsection 31(3)
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
150  Subsection 18(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Australian Film, Television and Radio School Act 1973
151  Subsection 17(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Australian Hearing Services Act 1991
152  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”.
153  Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)
Omit “within the meaning of that Act”.
154  Paragraph 67(7)(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)”.
155  Paragraph 67(7)(a)
Omit “the Department”, substitute “the Agency”.
156  Paragraph 68(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)”.
157  Paragraphs 68(d) and (e)
After “in those”, insert “Agencies,”.
158  Paragraph 69(b)
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
159  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)”.
160  Subsection 12(3)
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”.
161  Subsection 32(1)
Omit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.
162  Section 33
Omit “Department of the Commonwealth Government”, substitute “Agency (within the meaning of the Public Service Act 1999)”.
163  Section 33
Omit “the Department”, substitute “the Agency”.
Australian Industry Development Corporation Act 1970
164  Section 29W
Repeal the section.
165  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
166  Paragraph 34X(1)(c)
Repeal the paragraph, substitute:
	(c)	an SES employee or acting SES employee, whether or not in the Department of Finance;
167  Subsection 34X(2)
Repeal the subsection.
168  Paragraph 37A(1)(c)
Repeal the paragraph, substitute:
	(c)	an SES employee or acting SES employee, whether or not in the Department;
169  Subsection 37A(2)
Repeal the subsection.
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
170  Subsection 29(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
171  Subsection 29(2)
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.
172  Section 45A
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Australian Institute of Health and Welfare Act 1987
173  Subsection 11(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
174  Paragraph 19(1)(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
175  Subsection 19(2)
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
176  Subsection 25(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
177  Section 34
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Australian Land Transport Development Act 1988
178  Section 39
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
179  Subsection 36(1)
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
180  Subsection 19(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Australian Maritime Safety Authority Act 1990
181  Subsection 17(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
182  Subsection 51A(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
183  Paragraph 57(a)
Omit “, or Associate Secretary,”.
184  Paragraph 57(b)
Repeal the paragraph, substitute:
	(b)	an SES employee, or acting SES employee, in the Department.
Australian National Maritime Museum Act 1990
185  Subsection 34(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
186  Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
187  Subsection 40(2)
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.
188  Subsection 41(1)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
189  Subsection 41(1)
Omit “Department” (last occurring), substitute “Agency”.
Australian National Railways Commission Act 1983
190  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
191  Paragraph 67AZV(1)(c)
Repeal the paragraph, substitute:
	(c)	an SES employee or acting SES employee, whether or not in the Department of Finance;
192  Subsection 67AZV(2)
Repeal the subsection.
Australian National Training Authority Act 1992
193  Subsection 30(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
194  Paragraph 40A(1)(a)
Omit “of a Department of the Australian Public Service or”.
195  After paragraph 40A(1)(a)
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
196  Subsection 43(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
197  Subsection 45(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
198  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.
199  Paragraph 46(1)(a)
Omit “of Departments of the Australian Public Service, and”.
200  After paragraph 46(1)(a)
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
201  Subsection 21A(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
202  Subsection 24(2)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
203  Subsection 24(2)
Omit “that Department”, substitute “that Agency”.
204  Subsection 37J(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
205  Subsection 37P(2)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
206  Subsection 37P(2)
Omit “that Department”, substitute “that Agency”.
Australian Protective Service Act 1987
207  Subsection 9(1)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
208  Subsection 9(2)
Omit “Secretary within the meaning of the Public Service Act 1922”, substitute “Agency Head within the meaning of the Public Service Act 1999”.
209  Paragraph 12(3)(c)
Repeal the paragraph, substitute:
	(c)	a determination made under section 24 of the Public Service Act 1999;
Australian Science, Technology and Engineering Council Act 1978
210  Section 3 (definition of Commonwealth Department)
Omit “a Department of the Australian Public Service or”, substitute “an Agency (within the meaning of the Public Service Act 1999) or a Department”.
211  Subsection 13(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
212  Subsection 19(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Australian Securities Commission Act 1989
213  Subsection 113(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
214  Subsection 120(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
215  Subsection 120(2)
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.
216  Subsection 120(3)
Omit “Commission” (wherever occurring), substitute “Chairperson”.
217  Subsection 120(4)
Omit “Commission”, substitute “Chairperson”.
218  Subsection 121(1)
Omit “The Commission may”, substitute “The Chairperson may”.
219  Subsection 121(2)
Omit “Commission”, substitute “Chairperson”.
220  Paragraph 122(a)
Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.
221  Paragraph 125(1)(a)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
222  Subsection 156(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
223  Subsection 156(2)
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.
224  Paragraph 158(a)
Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.
225  Subsection 180(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Australian Security Intelligence Organization Act 1979
226  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”.
227  Subsection 11(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
228  Subsection 24(3) (definition of Senior Executive Service office)
Repeal the definition.
229  Subsection 24(3) (paragraph (a) of the definition of senior officer of the Organization)
Repeal the paragraph, substitute:
	(a)	equivalent to a position occupied by an SES employee; or
230  Section 86
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
231  Subsection 90(5)
Repeal the subsection.
232  Section 90A
Repeal the section.
Australian Space Council Act 1994
233  Section 27
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Australian Sports Commission Act 1989
234  Subsection 14(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
235  Subsection 35(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
236  Subsection 41(3)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
237  Subsection 41(3)
Omit “that Department”, substitute “that Agency”.
Australian Sports Drug Agency Act 1990
238  Subsection 33(3)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
239  Subsection 56(3)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
240  Subsection 56(3)
Omit “Department” (second occurring), substitute “Agency”.
Australian Tourist Commission Act 1987
241  Subsection 13(4)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
242  Subsection 18(3)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
243  Subsection 36(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Australian Trade Commission Act 1985
244  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)”.
245  Subsection 57(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
246  Section 63
Repeal the section.
Australian War Memorial Act 1980
247  Subsection 23(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
248  Subsection 27(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
249  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.
250  Subsection 28(1)
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
251  Subsection 39ZL(1)
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
252  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.
Banking Act 1959
253  Subsection 69D(4) (paragraph (c) of the definition of officer)
Repeal the paragraph, substitute:
	(c)	a person appointed or engaged under the Public Service Act 1999.
Bank Integration Act 1991
254  Subsection 5(1) (subparagraph (b)(ii) of the definition of authorised person)
Repeal the subparagraph, substitute:
	(ii)	an SES employee or acting SES employee;
Bankruptcy Act 1966
255  Subsection 31A(5)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Bounty (Books) Act 1986
256  Subsection 32(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Broadcasting Services Act 1992
257  Subsection 165(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
258  Subsection 165(2)
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
259  Paragraph 99(c)
Repeal the paragraph, substitute:
	(c)	an SES employee, or acting SES employee, in the Department;
Child Support (Assessment) Act 1989
260  Subparagraph 149(1)(c)(i)
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
261  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
262  Subparagraph 15(1)(c)(i)
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
263  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
Christmas Island Act 1958
264  Paragraph 8G(7)(h)
Repeal the paragraph, substitute:
	(h)	a person appointed or engaged under the Public Service Act 1999;
265  Subsection 17(1)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
266  Subsection 17(3)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Civil Aviation Act 1988
267  Subsection 37(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Classification (Publications, Films and Computer Games) Act 1995
268  Subsection 54(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
269  Subsection 54(2)
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.
270  Subsection 59(2)
Omit “an officer of the Australian Public Service”, substitute “appointed or engaged under the Public Service Act 1999”.
271  Subsection 61(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Cocos (Keeling) Islands Act 1955
272  Paragraph 8G(7)(h)
Repeal the paragraph, substitute:
	(h)	a person appointed or engaged under the Public Service Act 1999;
273  Subsections 15A(1) and (3)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Commonwealth Authorities and Companies Act 1997
274  Subsection 23(2)
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
275  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
276  Paragraph 6(5)(a)
Repeal the paragraph, substitute:
	(a)	an office of Agency Head (within the meaning of the Public Service Act 1999); or
277  Subsection 23(1)
Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.
278  Paragraph 29(1)(a)
Repeal the paragraph, substitute:
	(a)	persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and
279  Subsection 29(2)
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.
280  Subsection 35(3)
Omit all the words after “Commission”.
281  Subsection 35(5)
Repeal the subsection.
282  Paragraph 60(3)(b)
Omit “an officer”, substitute “a person”.
283  Paragraph 60(3)(b)
Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.
284  Paragraph 60(3A)(d)
Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.
285  Paragraph 60(4)(b)
Omit “an officer”, substitute “a person”.
286  Paragraph 60(4)(b)
Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.
287  Paragraph 61(3)(d)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
288  Paragraph 61(3)(d)
Omit “an officer” (second occurring), substitute “a person”.
289  Paragraph 61(3)(d)
Omit “officer” (last occurring), substitute “person”.
290  Paragraph 61(4)(b)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
291  Paragraph 61(4)(b)
Omit “an officer” (second occurring), substitute “a person”.
292  Paragraph 61(4)(b)
Omit “officer” (last occurring), substitute “person”.
293  Subsection 91(1) (definition of Secretary of a Department)
Repeal the definition.
294  Paragraph 91(11)(a)
Omit “Secretary of a Department”, substitute “Agency Head of an Agency (within the meaning of the Public Service Act 1999)”.
295  Paragraph 193(2)(b)
Repeal the paragraph, substitute:
	(b)	a person appointed or engaged under the Public Service Act 1999;
296  Subsection 279B(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
297  Subsection 279B(7)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
298  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).
299  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
300  Subsection 10(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
301  Subsection 15(2)
Omit “officers or employees employed under the Public Service Act 1922”, substitute “APS employees”.
Commonwealth Inscribed Stock Act 1911
302  Paragraph 51H(2)(b)
After “office”, insert “or position”.
303  Paragraph 51K(1)(a)
After “office”, insert “or position”.
Commonwealth Legal Aid Act 1977
304  Part IV
Repeal the Part.
Commonwealth Serum Laboratories Act 1961
305  Subsection 19X(1)
Omit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
306  Subsection 19X(2)
Repeal the subsection.
Commonwealth Services Delivery Agency Act 1997
307  Section 3 (paragraph (a) of the definition of principal officer)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
308  Subsection 35(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
309  Subsection 35(2)
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 Vehicles (Registration and Exemption from Taxation) Act 1997
310  Section 7
Repeal the section, substitute:
7  Registrar
	(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
311  Paragraph 41(1)(c)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
312  Subsection 64(3)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Constitutional Convention (Election) Act 1997
313  Paragraph 102(6)(a)
Omit “officer of the Australian Public Service”, substitute “APS employee”.
314  Subsection 113(1)
Omit “officer of the Australian Public Service”, substitute “APS employee”.
315  Subsection 113(7)
Omit “officer of the Australian Public Service”, substitute “APS employee”.
Construction Industry Reform and Development Act 1992
316  Subsection 38(1)
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
317  Paragraph 5(c)
Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.
Copyright Act 1968
318  Subsection 170(2)
Omit “Public Service Act 1922‑1968”, substitute “Public Service Act 1999”.
Cotton Research Act 1982
319  Subsection 14(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Council for Aboriginal Reconciliation Act 1991
320  Subsection 20(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
321  Section 26
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
322  Paragraph 29(1)(c)
Repeal the paragraph, substitute:
	(c)	an SES employee or acting SES employee.
Crimes Act 1914
323  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;
324  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”.
325  Subsection 21F(3)
Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.
326  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”.
327  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”.
328  Section 85ZL
Insert:
Secretary, in relation to a Commonwealth Department, means the Agency Head within the meaning of the Public Service Act 1999.
Crimes (Aviation) Act 1991
329  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”.
330  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”.
331  Subparagraph 23(2)(c)(i)
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,”.
Criminology Research Act 1971
332  Subsection 19(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
CSL Sale Act 1993
333  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.
334  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.
Customs Act 1901
335  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
336  Subsection 9(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
337  Subsection 15(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
338  Subsection 15(2)
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.
Dairy Produce Act 1986
339  Paragraph 109C(b)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
340  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
341  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”.
Deer Velvet Export Charge Act 1992
342  Section 8
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Deer Velvet Levy Act 1992
343  Section 11
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Defence Act 1903
344  Paragraph 58B(1A)(a)
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
345  Subsection 73A(1)
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”.
346  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”.
347  Subsection 123(2)
Omit “officer within the meaning of the Public Service Act 1922”, substitute “APS employee”.
348  Subparagraph 123(2)(a)(i)
Omit “officer or employee within the meaning of that Act”, substitute “APS employee”.
349  Subsection 124(1A)
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
Defence Force Discipline Act 1982
350  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
351  Subsection 19(4)
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
352  Subsection 131(4)
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
Defence Housing Authority Act 1987
353  Subsection 3(1) (definition of designated office in the Department)
Repeal the definition.
354  Subsection 3(1)
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.
355  Paragraph 12(1)(c)
Omit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.
356  Subparagraph 41(4)(e)(i)
Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999 and”.
357  Subparagraph 41(4)(e)(ii)
Omit “officers of the Australian Public Service”, substitute “those persons”.
358  Subsection 51(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
359  Paragraph 57(1)(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
360  Subsections 57(2) and (3)
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.
361  Subsections 60(1) and (2)
Omit “designated office”, substitute “designated position”.
362  Subsection 60(4)
Omit “designated office” (wherever occurring), substitute “designated position”.
Defence Service Homes Act 1918
363  Subsection 23J(2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
364  Subsection 23J(2)
Omit “or officer” (wherever occurring), substitute “or public servant”.
Defence (Special Undertakings) Act 1952
365  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;
Designs Act 1906
366  Subsection 8A(1)
Omit all the words after “any other Act”, substitute “to a prescribed person engaged under the Public Service Act 1999 in the Designs Office”.
367  Subsection 8A(2)
Repeal the subsection.
Development Allowance Authority Act 1992
368  Subsection 103(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
369  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”.
370  Section 108
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
371  Subsection 20(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
372  Subsection 27(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
373  Subsection 27(2)
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.
374  Paragraph 31(1A)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee.
Disability Discrimination Act 1992
375  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;
376  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”.
377  Subsection 116(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Disability Services Act 1986
378  Subsection 25(1A)
Omit “the Secretary of another Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
379  Subsection 25(1B)
Repeal the subsection.
Economic Planning Advisory Commission Act 1983
380  Subsection 11(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
381  Subsection 16(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
382  Subsection 16(2)
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.
Education Legislation Amendment Act 1997
383  Item 31 of Schedule 1
Repeal the item.
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991
384  Section 17
Omit “officer of the Senior Executive Service”, substitute “SES employee or acting SES employee”.
Employment, Education and Training Act 1988
385  Subsection 17(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
386  Paragraph 32(3)(a)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
387  Paragraphs 32(3)(b) and (c)
Omit “an officer or employee”, substitute “a person”.
388  Subsection 35C(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
389  Subsection 55(2)
Omit “an officer or employee of the Australian Public Service”, substitute “engaged under the Public Service Act 1999”.
390  Section 56
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
391  Subsection 69(2)
Omit “subsection 25(6) of the Public Service Act 1922”, substitute “section 56 of the Public Service Act 1999”.
Employment Services Act 1994
392  Subsection 83(2)
Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.
393  Subsection 98(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
394  Section 110
Repeal the section, substitute:
110  Staff of ESRA
	(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.
395  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
396  Subsection 4(1) (definition of Department)
Repeal the definition, substitute:
Department means an Agency (within the meaning of the Public Service Act 1999).
397  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
398  Section 8
Omit “appointed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
399  Section 26
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
400  Paragraph 31(3)(a)
Omit “Permanent Head” (wherever occurring), substitute “Secretary”.
401  Subsection 31(4)
Omit “Permanent Head”, substitute “Secretary”.
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
402  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 Meat and Live‑stock Corporation;
	(f)	the Australian Wheat Board;
	(g)	the Australian Wool Research and Promotion Corporation;
	(h)	Wool International.
403  Subsection 3(1) (definition of Board)
Repeal the definition.
404  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.
405  Section 8
Repeal the section.
406  Paragraph 9(1)(b)
Omit “or the Board, as the case may be,”.
407  Subsection 9(4)
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.
408  Subsection 10(1)
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.
409  Section 11
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.
410  Subsection 12(1)
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.
411  Sections 13 and 14
Repeal the sections.
Evidence Act 1995
412  After clause 8 of the Dictionary
Insert:
8A  References to offices etc.
		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.
Excise Tariff Act 1921
413  Item 10 of the Schedule
Omit “Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
Family Law Act 1975
414  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”.
415  Subsection 26JA(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
416  Subsection 37A(8)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
417  Subsection 37B(1)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
418  Subsection 37B(4)
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.
419  Subsection 38G(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
420  Subsection 38N(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
421  Subsection 38N(5)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
422  Subsection 38N(6)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
423  Subsection 38N(8)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
424  Section 38Q
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.
425  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
426  Subsection 114G(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
427  Subsection 114M(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
428  Subsection 114M(2)
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.
429  Subsection 115(2)
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
430  Subsection 3(1) (paragraph (a) of the definition of authority of the Commonwealth)
Omit “or a Department of the Australian Public Service”.
431  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
432  Subsection 17(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
433  Subsection 61(3)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
434  Subsection 61(3)
Omit “a Department” (second occurring), substitute “an Agency”.
435  Paragraphs 61(3)(a) and (b)
Omit “Department”, substitute “Agency”.
436  Paragraph 66(1)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee, or acting SES employee, in the Department;
Federal Court of Australia Act 1976
437  Subsection 18AI(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
438  Subsection 18G(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
439  Subsection 18N(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
440  Subsection 18N(5)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
441  Subsection 18N(6)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
442  Subsection 18N(6)
Omit “the Department”, substitute “the Agency”.
443  Subsection 18N(8)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
444  Section 18Q
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.
445  Subsection 35A(4)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
446  Subsection 37F(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Financial Corporations Act 1974
447  Paragraph 27(1)(d)
Repeal the paragraph, substitute:
	(d)	a person appointed or engaged under the Public Service Act 1999.
Financial Management and Accountability Act 1997
448  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
449  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”.
450  Subsection 36B(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
451  Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
452  Subsection 40(2)
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.
First Home Owners Act 1983
453  Subsection 4(1) (definition of Secretary)
Repeal the definition.
Fisheries Management Act 1991
454  Subsection 137(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
455  Subsection 138(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Fishing Industry Research Act 1969
456  Section 9
Omit “an officer of the Public Service of the Commonwealth”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Foreign Evidence Act 1994
457  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
458  Subsection 3(3)
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
459  Division 1 of Part II of Schedule 2 (item relating to the National Health and Medical Research Council)
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
460  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
461  Subsection 136(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Governor‑General Act 1974
462  At the end of section 6
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.
463  Section 14
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.
464  Section 16
Repeal the section.
465  Section 17
Repeal the section.
Great Barrier Reef Marine Park Act 1975
466  Subsection 13(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
467  Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
468  Subsections 40(2) and (3)
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.
469  Subsection 42(2)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
470  Subsection 42(2)
Omit “Department” (last occurring), substitute “Agency”.
Hazardous Waste (Regulation of Exports and Imports) Act 1989
471  Paragraph 60(b)
Repeal the paragraph, substitute:
	(b)	an SES employee, or acting SES employee, in the Department.
Health Insurance Act 1973
472  Subsection 106Q(1)
Omit “holding an office or appointment under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
473  Subsection 106ZB(1)
Omit “Subject to section 87E of the Public Service Act 1922, if”, substitute “If”.
474  Section 106ZM
Repeal the section, substitute:
106ZM  Staff
	(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.
475  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
476  Subsection 3(1) (definition of Australian Public Service)
Omit “Public Service Act 1922‑1973”, substitute “Public Service Act 1999”.
477  Subsection 23(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
High Court of Australia Act 1979
478  Subsection 22(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
479  Paragraph 25(3)(a)
Omit “with the concurrence of the Public Service Board,”.
480  Subsection 26(6)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
481  Subsection 26(6)
Omit “the Department”, substitute “the Agency”.
Horticultural Policy Council Act 1987
482  Subsection 25(1)
Omit “officers or employees of the Department”, substitute “APS employees in the Department”.
Housing Assistance Act 1996
483  After paragraph 8(2)(e)
Insert:
	(ea)	an Agency (within the meaning of the Public Service Act 1999);
484  Paragraph 8(2)(f)
Omit “the Commonwealth or”.
485  Section 13
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
486  Section 26
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
487  Subsection 39(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
488  Subsection 43(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
489  Subsection 43(2)
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.
490  Subsection 46F(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Immigration (Education) Act 1971
491  Subsection 10(1)
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
492  Subsection 51AL(23)
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).
493  Subsection 51AL(26) (definition of Senior Executive Service office)
Repeal the definition.
494  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.
495  Subsection 124ZADAA(1)
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
496  Subsection 124ZADAA(2)
Repeal the subsection.
497  Section 159UX
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
498  Section 159UX
Omit “In this section Senior Executive Service office has the same meaning as in the Public Service Act 1922.”.
Income Tax Assessment Act 1997
499  Section 34‑65
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).
500  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
501  Section 5 (definition of Department)
Repeal the definition, substitute:
Department means an Agency within the meaning of the Public Service Act 1999.
502  Section 5 (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head within the meaning of the Public Service Act 1999.
503  Subsection 84(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
504  Subsection 84(2)
Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.
505  Subsection 94(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
506  Subsection 100(1)
Omit “the Secretary of a Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
507  Subsection 100(1)
Omit “Department” (last occurring), substitute “Agency”.
508  Paragraph 104(c)
Repeal the paragraph, substitute:
	(c)	an SES employee, or acting SES employee, in the Department;
509  Section 104A
Repeal the section, substitute:
104A  Delegation by Director
		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 Commission Act 1989
510  Subsection 34(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
511  Subsection 43(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
512  Subsection 43(3)
Repeal the subsection, substitute:
	(3)	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.
Industry Research and Development Act 1986
513  Paragraph 9(1)(b)
After “office”, insert “or position”.
514  Section 25
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
515  Paragraph 18(6)(b)
Omit “a Department”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
516  Subsection 28(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
517  Subsection 32(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
518  Subsection 32(2)
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.
Insurance Acquisitions and Takeovers Act 1991
519  Paragraphs 75(4)(a) and (b)
Repeal the paragraphs, substitute:
	(a)	an Agency Head (within the meaning of the Public Service Act 1999); or
	(b)	an APS employee in the Agency who is approved, in writing, by the Agency Head;
520  Subsection 75(4)
Omit “Department”, substitute “Agency”.
521  Paragraph 75(4)(c)
Omit “Department”, substitute “Agency”.
522  Subsection 75(5)
Omit “the Secretary to a Department of the Commonwealth or to an officer of a Department of the Commonwealth, the Secretary or the officer”, substitute “an Agency Head (within the meaning of the Public Service Act 1999) or an APS employee, the Agency Head or the APS employee”.
523  Subsection 75(6)
Repeal the subsection.
Insurance (Agents and Brokers) Act 1984
524  Paragraphs 34U(6)(a) and (b)
Repeal the paragraphs, substitute:
	(a)	an Agency Head (within the meaning of the Public Service Act 1999); or
	(b)	an APS employee in the Agency who is approved, in writing, by the Agency Head;
525  Subsection 34U(6)
Omit “Department”, substitute “Agency”.
526  Paragraph 34U(6)(c)
Omit “Department”, substitute “Agency”.
527  Subsection 34U(7)
Omit “the Secretary to a Department of the Commonwealth or to an officer of a Department of the Commonwealth, the Secretary or the officer”, substitute “an Agency Head (within the meaning of the Public Service Act 1999) or an APS employee, the Agency Head or the APS employee”.
528  Subsection 34U(8)
Repeal the subsection.
Insurance and Superannuation Commissioner Act 1987
529  Subsection 9(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
530  Subsection 13(1)
Omit “appointed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
531  Subsection 13(2)
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.
Insurance Contracts Act 1984
532  Paragraphs 11F(6)(a) and (b)
Repeal the paragraphs, substitute:
	(a)	an Agency Head (within the meaning of the Public Service Act 1999); or
	(b)	an APS employee in the Agency who is approved, in writing, by the Agency Head;
533  Subsection 11F(6)
Omit “Department”, substitute “Agency”.
534  Paragraph 11F(6)(c)
Omit “Department”, substitute “Agency”.
535  Subsection 11F(7)
Omit “the Secretary to a Department of the Commonwealth or to an officer of a Department of the Commonwealth, the Secretary or the officer”, substitute “an Agency Head (within the meaning of the Public Service Act 1999) or an APS employee, the Agency Head or the APS employee”.
536  Subsection 11F(8)
Repeal the subsection.
537  Paragraph 11G(b)
Repeal the paragraph, substitute:
	(b)	who is an SES employee or acting SES employee;
Insurance Supervisory Levies Collection Act 1989
538  Subsection 10(1)
Omit “office in the branch of the Australian Public Service under the control of the Commissioner”, substitute “position in an Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act)”.
International Air Services Commission Act 1992
539  Subsection 44(1)
Omit “Subject to section 87E of the Public Service Act 1922, if”, substitute “If”.
International Shipping (Australian‑resident Seafarers) Grants Act 1995
540  Subsection 23(1)
Omit “a person holding, or performing the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
541  Subsection 23(2)
Repeal the subsection.
542  Section 24
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
International Transfer of Prisoners Act 1997
543  Paragraph 53(b)
Repeal the paragraph, substitute:
	(b)	an SES employee, or acting SES employee, in the Department.
Lands Acquisition Act 1989
544  Paragraph 139(1)(a)
Repeal the paragraph, substitute:
	(a)	a person appointed or engaged under the Public Service Act 1999; or
Legislative Instruments Act 1997
545  Section 14
Omit “An officer of the Senior Executive Service”, substitute “An SES employee”.
Life Insurance Act 1995
546  Subsection 216(15) (definition of authorised officer)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Long Service Leave (Commonwealth Employees) Act 1976
547  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).
548  Subsection 4(1)
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.
549  Subsection 4(1)
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).
550  Subsection 4(1) (definition of officer)
Repeal the definition.
551  After subsection 4(1)
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.
552  Subsection 4(9)
Repeal the subsection.
553  Subsection 4(10)
Omit “to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 does not apply”.
554  Paragraph 4(10)(a)
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
555  Sections 9 and 9A
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.
556  Paragraph 12(3)(a)
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
557  Section 16
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Maternity Leave (Commonwealth Employees) Act 1973
558  Subsection 3(1)
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.
559  Subsection 3(1) (definition of Department of the Australian Public Service)
Repeal the definition.
560  Subsection 3(1) (definition of Secretary)
Repeal the definition.
561  Paragraph 5(1)(a)
Omit “Public Service Act 1922‑1973”, substitute “Public Service Act 1999”.
562  Subsection 5A(2)
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.
563  Subsection 6(4)
Omit “or (4AB)”.
564  Subsection 6(4AB)
Repeal the subsection.
565  Subsection 6(4B)
Omit “or (4AB)”.
566  Subsection 6(4C)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
567  Subsection 6(4F)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
568  Subsection 7A(4)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
569  Subsection 7A(4)
Omit “wishes the Secretary”, substitute “wishes the Agency Head”.
570  Subsection 7A(5)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
571  Subsection 7A(5)
Omit “subsection (4), the Secretary”, substitute “subsection (4), the Agency Head”.
572  Subsection 7A(6)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
573  Subsection 7A(6)
Omit “or the Secretary”, substitute “or the Agency Head”.
574  Section 8
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.
575  Sections 11 and 12
Repeal the sections, substitute:
11  Delegation by Agency Head
	(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 and Live‑stock Industry Act 1995
576  Section 52 (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.
Meat Inspection Arrangements Act 1964
577  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
578  Section 3 (definition of Agency)
Repeal the definition.
579  Section 3 (definition of Board)
Repeal the definition.
580  Section 3 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act.
581  Section 3 (definition of Public Service Act)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
582  Section 3 (definition of relevant public servant)
Repeal the definition.
583  Subsections 5(1), (2) and (3)
Omit “Board”, substitute “Prime Minister”.
584  Section 10
Repeal the section.
585  Section 11
Repeal the section.
586  Subsection 14(1)
Omit “subsection (2) and to”.
587  Subsection 14(1)
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”.
588  Subsection 14(1)
Omit “in relation to an officer performing the duties of an office in the Australian Public Service”, substitute “an APS employee”.
589  Subsection 14(2)
Repeal the subsection.
590  Sections 17 and 18
Repeal the sections.
591  Subsection 21(1)
Omit “subsection (2) and to”.
592  Subsection 21(1)
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”.
593  Subsection 21(1)
Omit “in relation to an officer performing the duties of an office in the Australian Public Service”, substitute “an APS employee”.
594  Subsection 21(2)
Repeal the subsection.
595  Section 24
Repeal the section.
596  Section 25
Repeal the section.
Merit Protection (Australian Government Employees) Act 1984
597  The whole of the Act
Repeal the Act.
Migration Act 1958
598  Paragraph 143(1)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee, or acting SES employee, in that Department.
599  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
600  Paragraph 364(1)(b)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
601  Subsection 408(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
602  Subsection 409(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
603  Paragraph 428(1)(a)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
604  Subsection 472(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
605  Subsection 473(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Motor Vehicle Standards Act 1989
606  Paragraph 22(2)(b)
Repeal the paragraph, substitute:
	(b)	is to be an SES employee, or acting SES employee, in the Department.
607  Section 23
Omit “another person who holds or performs the duties of a Senior Executive Service office within”, substitute “an SES employee or acting SES employee in”.
608  Subsection 25(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
609  Subsection 25(2)
Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.
National Crime Authority Act 1984
610  Subsection 40(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
611  Subsection 47(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
612  Subsection 47(2)
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
613  Subsection 43(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
614  Subsection 49(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
615  Subsections 49(2) and (3)
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.
616  Subsection 51(1)
Omit “officers and employees of Departments of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
National Gallery Act 1975
617  Subsection 28(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
National Health Act 1953
618  Subsection 4(1) (paragraph (a) of the definition of Director)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
619  Subsection 82PEA(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
620  Subsection 82PL(2)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
621  Subsection 82PL(2)
Omit “Department” (last occurring), substitute “Agency”.
622  Subsection 82PN(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
623  Subsection 82R(3)
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999”.
624  Subsection 82X(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
625  Subsection 82ZUD(1)
Omit “Subject to section 87E of the Public Service Act 1922, if”, substitute “If”.
626  Subsection 82ZUG(2)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
627  Subsection 82ZUG(2)
Omit “Department” (last occurring), substitute “Agency”.
National Health and Medical Research Council Act 1992
628  Subsection 22(1)
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.
629  Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
630  Subsection 45(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
631  Subsection 45(2)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
632  Paragraph 48(1)(a)
Repeal the paragraph, substitute:
	(a)	an Agency Head within the meaning of the Public Service Act 1999; or
633  Paragraphs 48(1)(d), (e) and (f)
After “of that”, insert “Agency,”.
634  Paragraph 72(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
National Labour Consultative Council Act 1977
635  Section 9
Omit all the words after “payable to”, substitute “persons engaged under the Public Service Act 1999”.
636  Subsection 12(2)
Omit all the words after “payable to”, substitute “persons engaged under the Public Service Act 1999”.
National Library Act 1960
637  Subparagraph 6(c)(ii)
Omit “Departments and”.
638  At the end of paragraph 6(c)
Add:
	(iv)	the Agencies (within the meaning of the Public Service Act 1999); and
639  Subsection 17(4)
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.
640  Subsection 17(5)
Omit “an officer employed under the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
641  Subsection 17(5)
Omit “including his or her powers referred to in subsection (4) but”.
642  Subsection 17(6)
Omit “, other than the powers referred to in subsection (4) of this section,”.
643  Subsection 17B(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
644  Section 18
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
National Museum of Australia Act 1980
645  Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
646  Subsection 30(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
647  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.
648  Subsection 31(1)
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
649  Subsection 12(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
650  Subsection 32(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
651  Subsection 53(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
652  Subsection 53(2)
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.
653  Subsection 54(1)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
654  Subsection 54(1)
Omit “Department” (last occurring), substitute “Agency”.
National Parks and Wildlife Conservation Act 1975
655  Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
656  Subsection 34(1)
Omit “appointed or employed under the Public Service Act 1922‑1974”, substitute “engaged under the Public Service Act 1999”.
657  Subsections 34(2) and (3)
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.
658  Subsection 36(2)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
659  Subsection 36(2)
Omit “Department” (last occurring), substitute “Agency”.
National Roads Act 1974
660  Subsection 15(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
National Transmission Network Sale Act 1997
661  Paragraph 23(1)(b)
Omit “a person holding, or performing the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Native Title Act 1993
662  Subsection 102(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
663  Subsection 117(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
664  Subsection 130(3)
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.
665  Subsection 130(4)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
666  Subsection 130(4)
Omit “the Department”, substitute “the Agency”.
667  Section 131
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.
668  Subsection 183(5)
Omit “the holder of an office in the Senior Executive Service of the Australian Public Service”, substitute “an SES employee or acting SES employee”.
Natural Heritage Trust of Australia Act 1997
669  Paragraph 45(1)(c)
Repeal the paragraph, substitute:
	(c)	an SES employee or acting SES employee (whether or not in the Department);
670  Paragraph 46(1)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee or acting SES employee (whether or not in the Department of Primary Industries and Energy);
671  Section 54 (definition of Senior Executive Service office)
Repeal the definition.
Natural Resources Management (Financial Assistance) Act 1992
672  Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Naval Defence Act 1910
673  Section 40 (definition of industrial award)
Repeal the definition, substitute:
industrial award means an award within the meaning of the Workplace Relations Act 1996.
674  Section 42
Omit all the words after “the Navy”.
675  Subsection 42C(1)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
676  Subsection 42C(2)
Omit “Section 64 of the Public Service Act 1922”, substitute “Section 68 of the Public Service Act 1999”.
677  Subsection 42C(2)
Omit “officer”, substitute “APS employee”.
Norfolk Island Act 1979
678  Paragraph 13(4)(a)
Repeal the paragraph, substitute:
	(a)	is an APS employee; or
Nuclear Non‑Proliferation (Safeguards) Act 1987
679  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
680  Subsection 46(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
681  Section 55
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
682  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
683  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
684  Section 51
Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.
685  Subsection 80(1)
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”.
686  Subsection 80(2)
After “office”, insert “or position”.
687  Subsection 80(2)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Occupational Health and Safety (Maritime Industry) Act 1993
688  Subsection 106(3)
Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.
Office of National Assessments Act 1977
689  Section 3 (paragraph (e) of the definition of prescribed Commonwealth officer)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
690  Paragraph 6(2)(d)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
691  Paragraph 7(2)(a)
Omit “an officer or officers of the Australian Public Service”, substitute “a person or persons appointed or engaged under the Public Service Act 1999”.
692  Subsection 13(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
693  Paragraph 17(1)(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
694  Subsections 17(2) and (3)
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.
695  Subsection 17(4)
Omit “the Secretary of a Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
696  Subsection 17(4)
Omit “appointed or employed under the Public Service Act 1922 in the Department”, substitute “engaged under that Act in the Agency”.
Ombudsman Act 1976
697  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”.
698  Subsection 3(1) (definition of Secretary)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
699  Paragraph 5(2)(g)
After “office” (first and second occurring), insert “or position”.
700  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.
701  Subsection 25(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
702  Subsection 31(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
703  Subsections 31(2) and (3)
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
704  Section 3 (definition of officer)
Repeal the definition.
705  Subsection 5(1)
Omit “an officer of”, substitute “an APS employee in”.
706  Paragraph 10(b)
Repeal the paragraph, substitute:
	(b)	an SES employee, or acting SES employee, in the Department;
Ozone Protection Act 1989
707  Paragraph 49(1)(a)
Omit “the Australian Public Service or any other”, substitute “an”.
708  After paragraph 49(1)(a)
Insert:
	(b)	a person engaged under the Public Service Act 1999; or
709  Section 67A
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
710  Subsection 21B(1) (paragraph (d) of the definition of holder of an office of profit under the Commonwealth)
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
711  Subsection 7(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
712  Subsection 16(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
713  Subsections 16(2) and (3)
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.
Patents Act 1990
714  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”.
715  Schedule 1 (paragraph (b) of the definition of employee)
Omit “an officer or employee”, substitute “a person”.
Petroleum Excise (Prices) Act 1987
716  Subsection 4(2)
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
717  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
718  Subsections 59(1) and (2)
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
719  Section 68
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Prawn Export Promotion Act 1995
720  Paragraph 24(b)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Prices Surveillance Act 1983
721  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
722  Paragraph 26(b)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Privacy Act 1988
723  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”.
724  Subsection 6(1) (definition of Department)
Repeal the definition, substitute:
Department means an Agency within the meaning of the Public Service Act 1999.
725  Subsection 6(1) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head within the meaning of the Public Service Act 1999.
726  Subsection 22(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
727  Subsection 50(1) (definition of Merit Protection Act)
Repeal the definition.
728  Subsection 50(1) (definition of Merit Protection Agency)
Repeal the definition.
729  Paragraph 50(2)(b)
Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.
730  Subsection 50(2)
Omit “or the Merit Protection Agency” (wherever occurring), substitute “or the Public Service Commissioner”.
731  Paragraph 50(3)(b)
Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.
Proceeds of Crime Act 1987
732  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.
Protection of Movable Cultural Heritage Act 1986
733  Paragraph 24(1)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee, or acting SES employee, in the Department;
Public Lending Right Act 1985
734  Section 18
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Public Service Act 1922
735  The whole of the Act
Repeal the Act.
Qantas Sale Act 1992
736  Subsection 11(1)
Omit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
737  Subsection 11(2)
Repeal the subsection.
738  Paragraphs 20(1)(d) and (e)
Repeal the paragraphs, substitute:
	(e)	the Public Service Act 1999;
739  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.
740  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
741  Subsection 32(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Radiocommunications Act 1992
742  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”.
743  Subsection 204(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
744  Subsection 248(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Referendum (Machinery Provisions) Act 1984
745  Section 3 (subparagraph (b)(iii) of the definition of authorised witness)
Omit “in the Australian Public Service or”.
746  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
747  Paragraph 11(4)(c)
Omit “officers or employees within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
748  Subsection 95B(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
749  Subsection 95B(7)
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
750  Subsection 5(2)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
751  Subsection 6(1)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
752  Paragraph 26(1)(a)
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
753  After section 8
Insert:
8A  Regulations
		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.
754  Clause 7 of Schedule 1
Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
755  Clause 5 of Schedule 2
Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
756  Subclauses 1(2) and (3) of Schedule 3
Repeal the subclauses, substitute:
	(2)	The Members of Parliament annual salary is equal to the minimum executive office salary.
	(3)	In this clause:
minimum executive office salary means:
	(a)	the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2; or
	(b)	if a principal executive classification is prescribed by the regulations under this Act—the minimum annual rate of salary applicable to that classification.
principal executive classification means a classification determined by the Remuneration Tribunal under subsection 5(2A) of the Remuneration Tribunal Act 1973.
Remuneration Tribunal Act 1973
757  Part II (heading)
Repeal the heading, substitute:
Part II—Remuneration etc. for certain offices and appointments
Division 1—Preliminary
758  After section 3
Insert:
Division 2—Determinations and reports by the Remuneration Tribunal
759  Subsection 5(2)
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.
	(2B)	An additional function of the Tribunal is to provide advice to the Prime Minister in relation to terms and conditions (including remuneration and allowances) on which offices of Secretary (within the meaning of the Public Service Act 1999) are to be held.
760  Subsection 5(3)
Omit “subsection (2)”, substitute “this section”.
761  Subsection 7(3)
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”.
762  At the end of Part II
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
763  Subsection 3(1) (definition of employee)
Repeal the definition.
764  Subsection 3(1) (definition of officer)
Repeal the definition.
765  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.
766  Subsection 4(2)
After “office” (wherever occurring), insert “or position”.
767  Paragraph 13(1)(b)
After “office”, insert “or position”.
768  Section 16
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”.
769  Section 17
Repeal the section.
Reserve Bank Act 1959
770  Subsection 14(2)
Omit “officers of the Bank or of the Australian Public Service”, substitute “officials”.
771  Subsection 14(3)
Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.
772  Subsection 14(4)
Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.
773  Subsection 14(5)
Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.
774  At the end of section 14
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.
Retirement Savings Accounts Act 1997
775  Section 16 (definition of authorised person)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Roads Grants Act 1974
776  Subsection 15(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Roads Grants Act 1980
777  Subsection 38(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Roads Grants Act 1981
778  Subsection 33(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Rural Adjustment Act 1992
779  Section 20C
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”.
780  Subsection 21A(2)
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 Industries Research Act 1985
781  Subsection 4(1) (definition of authorised representative)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
782  Subsection 10(3)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Safety, Rehabilitation and Compensation Act 1988
783  Subsection 81(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
784  Subsection 86(2)
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”.
785  Paragraph 88(1)(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
786  Subsection 88(2)
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.
787  Subsection 114A(2) (definition of Department)
Repeal the definition, substitute:
Department means an Agency (within the meaning of the Public Service Act 1999).
788  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
789  Subsection 10C(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Seafarers Rehabilitation and Compensation Act 1992
790  Subsection 125(1)
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
791  Section 11
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.
792  Subsection 15(1)
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).
Sea Installations Act 1987
793  Paragraph 74(1)(c)
Repeal the paragraph, substitute:
	(c)	a person appointed or engaged under the Public Service Act 1999; or
Sex Discrimination Act 1984
794  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;
795  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”.
796  Subsection 99(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Shipping Registration Act 1981
797  Subsection 3(1) (definition of employee)
Repeal the definition.
798  Subsection 52(1)
Omit “an officer of or employee in the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
799  Subsection 53(1)
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
800  Subsection 36(1)
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
801  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.
802  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
803  Subsection 11(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Social Security Act 1991
804  Subsection 1331(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
805  Section 1341
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Special Broadcasting Service Act 1991
806  Subsection 34(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
807  Subsection 81(4)
Repeal the subsection.
Special Prosecutors Act 1982
808  Paragraph 18(a)
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
809  Paragraph 31(1)(c)
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
810  Subsection 5(2)
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999”.
811  Paragraph 5(3)(a)
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999 (the public servant)”.
812  Paragraph 5(3)(a)
Omit “such an officer”, substitute “the public servant”.
813  Subsection 5(3A)
Omit “an officer” (wherever occurring), substitute “the public servant”.
States Grants (Roads) Act 1977
814  Subsection 34(1)
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
815  Subsection 76(1)
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
816  Subsection 89(1)
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
817  Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Student and Youth Assistance Act 1973
818  Subsection 3(1) (definition of employee)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Superannuation Act 1976
819  Subsection 3(1)
Insert:
APS Agency means an Agency within the meaning of the Public Service Act.
820  Subsection 3(1)
Insert:
APS employee has the same meaning as in the Public Service Act.
821  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.
822  Subsection 3(1) (definition of Public Service Act)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
823  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:”.
824  Subsection 3C(2) (definition of Department)
Repeal the definition, substitute:
Department means:
	(a)	an APS Agency; or
	(b)	a Department of the Parliament.
825  Paragraphs 14A(1)(a) and (c)
Repeal the paragraphs.
826  Paragraph 14A(1)(d)
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
827  Subsection 14A(1A)
Omit “(1)(a), (b), (c) or (d)”, substitute “(1)(b) or (d)”.
828  Paragraph 14A(1A)(a)
Omit “(1)(a) or (b)”, substitute “(1)(b)”.
829  Paragraph 14A(1A)(b)
Omit “(1)(c) or (d)”, substitute “(1)(d)”.
830  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.
831  Subsection 14A(2)
Omit “a person to whom Division 2 or 3 of Part IV of the Public Service Act applies or”.
832  Subsection 14A(5)
Omit “Public Service Act”, substitute “Public Service Act 1922”.
833  Paragraph 14A(6)(a)
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
834  Subsection 14A(6)
Omit “re‑appointment, declaration or reinstatement” (wherever occurring), substitute “re‑appointment or reinstatement”.
835  Section 16A
Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.
836  Subsection 21(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
837  Subsection 26(1)
Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.
838  Subsection 26(2)
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.
839  Subparagraph 51(2)(f)(i)
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
840  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
841  Subsection 57B(2)
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”.
842  Subsection 57B(2)
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”.
843  Subsection 57B(3)
Omit “Public Service Act”, substitute “Public Service Act 1922”.
844  Paragraph 58(3)(aa)
Repeal the paragraph, substitute:
	(aa)	in the case of an SES employee—the person retires under section 37 of the Public Service Act;
845  Paragraph 58(3)(b)
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;
846  Paragraph 58(3)(e)
Repeal the paragraph.
847  Paragraph 58(3)(f)
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”.
848  Paragraph 58(3)(g)
Repeal the paragraph.
849  Paragraph 58(3)(h)
Omit “otherwise than under the Public Service Act,”.
850  Subparagraph 58A(1)(c)(i)
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
851  Subparagraph 58B(1)(c)(i)
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
852  Section 120
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.
853  Subsection 125(3)
Omit “section 47C of the Public Service Act”, substitute “this section”.
854  Subparagraph 159(1)(b)(i)
Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.
855  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”.
856  Paragraph 163A(1)(b)
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,”.
857  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”.
858  Section 244
Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.
Superannuation Act 1990
859  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.
860  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”.
861  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.
862  Paragraph 6(1)(h)
Repeal the paragraph.
863  Subparagraph 19(1)(b)(i)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
864  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”.
865  Subparagraph 36(c)(i)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Superannuation Benefits (Supervisory Mechanisms) Act 1990
866  Subsection 3(1) (definition of overseas employee)
Omit “section 82AF of the Public Service Act 1922”, substitute “section 67 of the Public Service Act 1999”.
867  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
868  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
869  Section 36
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
870  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 Entities (Taxation) Act 1987
871  Section 20
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Superannuation Guarantee (Administration) Act 1992
872  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”.
873  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
874  Subsection 10(1) (definition of authorised person)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Superannuation (Productivity Benefit) Act 1988
875  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.
876  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.
877  Subsection 3(1) (definition of Public Service Act)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
878  Subsection 3(1) (paragraph (a) of the definition of qualified employee)
Repeal the paragraph.
879  Subsection 3(1) (paragraph (b) of the definition of qualified employee)
Repeal the paragraph, substitute:
	(b)	a person employed by the Commonwealth; or
880  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
881  Subsection 51(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
882  Subsection 62(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Taxation Administration Act 1953
883  Section 2 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
884  After section 4
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.
885  Subsection 5(3)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
886  Subsection 6(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
887  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
Telecommunications Act 1997
888  Subsection 347(1)
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
889  Subsection 347(3) (definition of Senior Executive Service office)
Repeal the definition.
Telecommunications (Interception) Act 1979
890  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
891  Paragraph 25(1)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee, or acting SES employee, in the Department;
892  Subsection 25(3)
Repeal the subsection.
893  Paragraph 35(1)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee, or acting SES employee, in the Department;
894  Subsection 35(3)
Repeal the subsection.
Telstra Corporation Act 1991
895  Section 3 (definition of Senior Executive Service office)
Repeal the definition.
896  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
897  Paragraph 8BB(1)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee or acting SES employee whether or not in the Department;
898  Paragraph 8BB(2)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee or acting SES employee whether or not in the Department of Finance;
899  Paragraph 8CB(1)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee or acting SES employee whether or not in the Department;
900  Paragraph 8CB(2)(b)
Repeal the paragraph, substitute:
	(b)	an SES employee or acting SES employee whether or not in the Department of Finance;
Termination Payments Tax (Assessment and Collection) Act 1997
901  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
902  Section 24
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
903  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”.
Therapeutic Goods Act 1989
904  Subsection 6A(2)
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.
905  Paragraph 57(1)(b)
Omit “another Department or of”.
906  After paragraph 57(1)(b)
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
907  Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Trade Marks Act 1995
908  Section 6 (definition of employee)
Repeal the definition, substitute:
employee means a person engaged under the Public Service Act 1999.
909  Section 6 (paragraph (a) of the definition of trade marks officer)
Repeal the paragraph.
910  Section 6 (paragraph (c) of the definition of trade marks officer)
Omit “(a) or”.
911  Subsection 206(1)
Omit all the words after “functions”, substitute “to a prescribed employee, or employees in a prescribed class, employed in the Trade Marks Office”.
Trade Practices Act 1974
912  Subsection 12(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
913  Subsection 27(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
914  Subsections 27(2) and (3)
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.
915  Subsection 29G(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
916  Subsection 29M(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
917  Subsection 29M(2)
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.
918  Subsection 44(3)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
919  Subsection 44A(1)
Omit “an officer or employee for the purposes of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
920  Section 65T
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.
921  Section 10.80
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
922  Subsection 170(2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
923  Subsection 170(2)
Omit “officer” (second and third occurring), substitute “public servant”.
Trade Representatives Act 1933
924  Section 4
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
925  Section 4
Omit “the Public Service Act 1922”, substitute “that Act”.
926  Subsection 10(2)
Omit “Commonwealth Public Service Act 1922‑1932 or of the Public Service Act 1922”, substitute “Public Service Act 1999”.
927  Paragraph 11(4)(a)
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
928  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
929  Subsection 18(1)
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
930  Subsection 14(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Veterans’ Entitlements Act 1986
931  Subsection 89(3)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
932  Subsection 162(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
933  Section 172
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
934  Section 184
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
935  At the end of paragraphs 184(a), (b) and (c)
Add “and”.
936  Paragraph 184(d)
Omit “President; and”, substitute “President.”.
937  Paragraph 184(e)
Repeal the paragraph.
938  Subsection 186(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
939  Paragraph 193(1)(b)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
940  Section 196
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
941  Section 196T
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
942  Section 196ZM
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
943  Paragraph 212(1)(a)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
944  Subsection 213(1)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
945  Subsection 214(1)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
War Graves Act 1980
946  Subsection 7(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Wet Tropics of Queensland World Heritage Area Conservation Act 1994
947  Paragraph 7(a)
Repeal the paragraph, substitute:
	(a)	persons engaged under the Public Service Act 1999; or
Wheat Marketing Act 1989
948  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.
Wildlife Protection (Regulation of Exports and Imports) Act 1982
949  Paragraph 18(2)(d)
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
950  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
951  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 International Act 1993
952  Section 4 (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.
Wool Tax (Administration) Act 1964
953  Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Workplace Relations Act 1996
954  Subsection 4(1) (paragraph (a) of the definition of public sector employment)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
955  Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
956  Subsection 72(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
957  Subsection 83(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
958  Subsection 83(2)
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.
959  Section 83BD
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
960  Subsection 83BL(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
961  Paragraph 84(2)(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
962  Subsection 84(3)
Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.
963  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
964  Section 170WK
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.