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

Statutory Rules 1986 No. 41

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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 and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Commonwealth Employees (Redeployment and Retirement) Act 1979.

Dated 30 January 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

PETER WALSH

Minister of State for Finance

for and on behalf of the

Prime Minister

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Commencement

1. These Regulations shall come into operation on 1 February 1986.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Commonwealth Employees (Redeployment and Retirement) Regulations.

Interpretation

3. Regulation 2 of the Principal Regulations is amended by omitting the definition of “Director” and substituting the following definitions:

“ ‘Director’ means the Director of the Merit Protection and Review Agency established by section 5 of the Merit Protection (Australian Government Employees) Act 1984;

‘Merit Protection Regulations’ means the Merit Protection (Australian Government Employees) Regulations;”.

 

Interpretation of Part II

4. Regulation 3 of the Principal Regulations is amended by omitting from sub-regulation (1) “Tribunal” (wherever occurring) and substituting “Committee”.

Lodging appeals

5. Regulation 5 of the Principal Regulations is amended—

(a) by omitting “12” from sub-regulations (2) and (3) and substituting “32 of the Merit Protection Regulations”; and

(b) by omitting “Tribunal” (wherever occurring) from sub-regulations (4), (6) and (7) and substituting “Committee”.

Repeal of regulations 7 to 12 (inclusive)

6. Regulations 7 to 12 (inclusive) of the Principal Regulations are repealed.

Form of appeal—lodgment—procedure

7. Regulation 12b of the Principal Regulations is amended by omitting from sub-regulation (4) “12h” and substituting “39 of the Merit Protection Regulations”.

Repeal of regulations 12c to 12h (inclusive)

8. Regulations 12c to 12h (inclusive) of the Principal Regulations are repealed.

Repeal of Division 3 of Part II

9. Division 3 of Part II of the Principal Regulations is repealed.

Application of provisions of the Act to Commonwealth Teaching Service

10. Regulation 21aof the Principal Regulations is amended—

(a) by omitting “the Schedule” from sub-regulation (1) and substituting “Schedule 1”; and

(b) by omitting from sub-regulation (2) all the words from and including “the Schedule” to and including “that Act” and substituting “Schedule 1, to and in relation to persons appointed as officers, or engaged as employees, under the Commonwealth Teaching Service Act 1972”.

Repeal of regulation 22

11. Regulation 22 of the Principal Regulations is repealed.

Delegation

12. Regulation 23 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “signed by him”;

(b) by omitting from sub-regulation (1) “any of the Director’s powers” and substituting “all or any of the Director’s powers and functions”;

 

(c) by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) A power or function delegated under sub-regulation (1), when exercised or performed by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised or performed by the Director.”; and

(d) by inserting in sub-regulation (3) “or the performance of a function” after “power”.

Delegation by Public Service Board or Secretary

13. Regulation 24 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “any of its powers” and substituting “all or any of its powers and functions”;

(b) by omitting from sub-regulation (2) “any of his powers” and substituting “all or any of the Secretary’s powers and functions”;

(c) by omitting sub-regulation (3) and substituting the following sub-regulation:

“(3) A power or function delegated under sub-regulation (1) or (2), when exercised or performed by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised or performed by the Public Service Board or by the Secretary, as the case may be.”; and

(d) by inserting in sub-regulation (4) “or the performance of a function” after “power”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 January 1986.

2. Statutory Rules 1981 No. 13 as amended by 1981 Nos. 182, 235, 300, 320, 349 and 362; 1982 Nos. 31, 62, 106, 126, 201, 302 and 391; 1983 Nos. 11, 139 and 296; 1984 Nos. 133, 192, 430 and 479; 1985 Nos. 15, 232, 310 and 381.