Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 1261

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Commonwealth Employees (Redeployment and Retirement) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Employees (Redeployment and Retirement) Act 1979.

Dated 4 June 1982.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

WAL FIFE

Minister of State for Aviation for and on behalf of the Prime Minister

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Commencement

1. These Regulations shall come into operation on 14 June 1982.

2. After Part II of the Commonwealth Employees (Redeployment and Retirement) Regulations the following Part is inserted:

“PART IIa

Application of provisions of the Act to Commonwealth Teaching Service

“21a. (1) In this regulation, in the Schedule and in the provisions of the Act as applied to and in relation to the Commonwealth Teaching Service by this regulation, references to ‘Commonwealth Teaching Service’, to ‘component of the Commonwealth Teaching Service’ or to ‘relevant authority’ have the same meanings as they have in the Commonwealth Teaching Service Act 1972.

“(2) The provisions of the Act shall apply, subject to the modifications and adaptations specified in the Schedule, to and in relation to the person holding

 

office as the Commonwealth Teaching Service Commissioner under the Commonwealth Teaching Service Act 1972 and persons appointed as officers, or engaged as employees, under that Act as if in the Act—

(a) the references, other than references in section 12, to ‘Permanent Head’ were references to ‘relevant authority’;

(b) the references, other than references in sections 11 and 12, to ‘Australian Public Service’ were references to ‘Commonwealth Teaching Service’; and

(c) the references, other than references in sections 11 and 12, to ‘Department’ were references to ‘component of the Commonwealth Teaching Service’.”.

3. The Commonwealth Employees (Redeployment and Retirement) Regulations are amended by adding at the end thereof the following regulation and Schedule:

Delegations by Public Service Board or Permanent Head

“24. (1) The Public Service Board may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to—

(a) an officer or employee within the meaning of the Public Service Act 1922; or

(b) a person who holds, or is acting in, an office or appointment under an Act other than the Public Service Act 1922 or under an Ordinance of a Territory,

any of its powers under these Regulations, other than this power of delegation.

“(2) A Permanent Head may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to—

(a) an officer or employee within the meaning of the Public Service Act 1922; or

(b) a person who holds, or is acting in, an office or appointment under an Act other than the Public Service Act 1922 or under an Ordinance of a Territory, or an office of member of the Public Service Board,

any of his powers under these Regulations, other than this power of delegation.

“(3) A power delegated by a person or body under this regulation and exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by that person or body.

“(4) A delegation given by a person or body under this regulation does not prevent the exercise of a power by that person or body.

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SCHEDULE Regulation 21a

MODIFICATIONS AND ADAPTATIONS OF THE PROVISIONS OF THE COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 IN THEIR APPLICATION TO AND IN RELATION TO THE PERSON HOLDING OFFICE AS THE COMMONWEALTH TEACHING SERVICE COMMISSIONER UNDER THE COMMONWEALTH TEACHING SERVICE ACT 1972 AND PERSONS APPOINTED AS OFFICERS, OR ENGAGED AS EMPLOYEES, UNDER THAT ACT

Item	Provision modified or adapted	Modification or adaptation
1	Sub-section 3 (1)................	Omit the definitions of ‘Department’ and ‘Permanent Head’.
2	Paragraph 5 (1) (a).............	Omit ‘Public Service Act 1922’, substitute ‘Commonwealth Teaching Service Act 1972’.
3	Paragraph 5 (1) (b).............	Omit.
4	Paragraph 5 (1) (c).............	Omit ‘Public Service Act 1922’ (wherever occurring), substitute ‘Commonwealth Teaching Service Act 1972’.
5	Paragraph 5 (1) (d).............	Omit.
6	Sub-section 8 (1)................	Omit.
7	Sub-section 8 (2)................	Omit ‘prescribed Commonwealth’, substitute ‘relevant’.
8	Paragraph8 (3) (c)..............	Omit.
9	Sub-section 8 (4)................	Omit.
10	Sub-section 8 (5)................	Omit ‘prescribed Commonwealth’, substitute ‘relevant’.
11	Sub-paragraph 9 (1) (b) (i)	Omit ‘8 (1) (including any directions given by the Public Service Board under those procedures) are, so far as they are relevant to the operation of the Department,’, substitute ‘8 (2) are’.
12	Sub-paragraph 9 (1) (b) (ii)	Omit ‘8 (1)’, substitute ‘8 (2)’.
13	Paragraphs 12 (1) (a), (b), (c) and (d)	Omit.
14	Paragraphs 12 (1) (e) and (f)	Omit ‘by a prescribed Commonwealth authority’, substitute ‘in the Commonwealth Teaching Service’.
15	Sub-section 14 (1)..............	Omit ‘or prescribed Commonwealth authority’.
16	Sub-section 15 (1)..............	Omit ‘or in the employment of a prescribed Commonwealth authority’.
17	Sub-section 15 (3)..............	Omit ‘Department or prescribed Commonwealth’, substitute ‘relevant’.
18	Sub-section 15 (7)..............	Omit ‘prescribed Commonwealth’, substitute ‘relevant’.
19	Section 18...........................	Omit.
20	Sections 20 and 21.............	Omit.
21	Sub-section 22 (4)..............	Omit.
22	Sub-section 22 (5)..............	Omit the definition of ‘relevant authority’.
23	Sub-sections 25 (1), (2) and (3)	Omit, substitute the following sub-section: ‘(1) A relevant authority may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to an officer of, or a person employed by, the Commonwealth, a prescribed Commonwealth authority or the Administration of a Territory, all or any of the powers of that relevant authority under this Act other than this power of delegation.’.
24	Sub-sections 27 (1), (2) and (3)	Omit.
25	Sub-section 27 (4)..............	Omit ‘a prescribed Commonwealth authority’, substitute ‘in the Commonwealth Teaching Service’.
26	Paragraph 27 (4) (a)...........	Omit ‘of that authority’, substitute ‘in the Commonwealth Teaching Service’.

SCHEDULE—continued

Item	Provision modified or adapted	Modification or adaptation
27 Sub-section 27 (5)...............	Omit the definition of ‘commencing day’, substitute the following definition: ‘“commencing day” means the date on which the provisions of this Act commence to apply to and in relation to persons appointed as officers, or engaged as employees under the Commonwealth Teaching Service Act 1972.’. ”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 11 June 1982.

2. Statutory Rules 1981 No. 13 as amended by 1981 Nos. 182, 235, 300, 320, 349 and 362; 1982 Nos. 31, 62 and 106.