| C2004C05773 | OFFICERS' RIGHTS DECLARATION ACT 1928 [Note: This Act is "repealed" by Act No. 170 of 1978]
(#DATE 19:12:1973)
Compilation Information
- Reprinted as at 19 December 1973
OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - TABLE OF PROVISIONS
TABLE
OFFICERS' RIGHTS DECLARATION ACT 1928-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Application of Act
4. Definitions
5. Rights preserved or retained
6. Officer to be unattached during employment
7. Regulations
THE SCHEDULE
Acts
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OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - PREAMBLE
SECT
An Act relating to the Rights of Officers.
Preamble. WHEREAS under various Acts of the Parliament of the Commonwealth
provision is made for the preservation or retention by officers of their
existing and accruing rights, or concerning the determination of their
existing or accruing rights:
AND WHEREAS it is desirable that the rights in question should be definitely
declared:
BE it therefore enacted by the King's Most Excellent Majesty, the Senate,
and the House of Representatives of the Commonwealth of Australia, as
follows:-
OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - SECT. 1.
Short title.
SECT
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Officers' Rights Declaration Act
1928-1973.*
OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall commence on a date to be fixed by Proclamation.*
OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - SECT. 3.
Application of Act.
SECT
Amended by No. 86, 1940, s. 2.
3.* This Act applies to each officer in relation to whose employment
provision is made by an Act and section specified in the Schedule to this Act
or by regulations made under an Act and Section specified in that Schedule-
(a) for the preservation or retention of his existing and accruing rights;
or
(b) concerning the determination of his existing or accruing rights.
OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - SECT. 4.
Definitions.
SECT
4. In this Act, unless the contrary intention appears-
''Commonwealth authority'' means an authority which has been created
(including an officer whose office has been created) by an Act specified in
the Schedule*;
''employment'' means employment as, or as a member of, or by, a Commonwealth
authority;
''employed'' has a meaning corresponding to that of employment;
''officer'' means an officer employed as, or as a member of, or by, a
Commonwealth authority, who immediately prior to his employment was an officer
of the Public Service of the Commonwealth;
''the Minister'' means the Minister to whose Department the Commonwealth
authority, in relation to which the expression is used, is attached for
administrative purposes.
OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - SECT. 5.
Rights preserved or retained.
SECT
Sub-section (1) amended by No. 86, 1940, s. 3; and No. 216, 1973, s. 3.
5. (1) The rights which, by virtue of any of the Acts and Sections specified
in the Schedule to this Act or by regulations made under any of the Acts and
Sections specified in that Schedule, an officer, to whom this Act applies,
preserves or retains upon his employment are hereby declared to be the rights
in respect of-
(a) leave on the ground of illness;
(b) long service leave or pay in lieu thereof (including pay to dependants
on the death of the officer);
(c) superannuation; and
* * * * * * * *
(e) in the case of female officers, payment on marriage,
to which from time to time he would be entitled if he had remained an officer
of the Public Service of the Commonwealth, and had not been employed within
the meaning of this Act:
Provided that an officer may, within three months after the commencement of
his employment, or, in the case of an officer employed at the commencement of
this Act, within three months after the commencement of this Act, elect, by
notice in writing to the Commonwealth authority, or, in the case of an officer
who is, or is a member of, the authority, to the Minister, to be subject to
the rules and regulations of the Commonwealth authority as to rights in lieu
of the rights specified in this section, in which event he shall not preserve
or retain rights as an officer of the Public Service:
Provided further that, in the case of an officer who, at the commencement of
this Act, is employed and does not so elect-
(f) any such leave or pay in lieu thereof as he has had during his
employment, and prior to the commencement of this Act, shall be deemed to have
been granted to him as an officer of the Public Service; and
(g) he shall, if he is contributing under the rules or regulations of the
Commonwealth authority for superannuation purposes, discontinue those
contributions, and contribute only as an officer of the Public Service.
(2) In the case of an officer employed by a Commonwealth authority other
than the Commonwealth, the rights declared by this section shall be rights
against that authority:
Provided that, if the officer does not elect as provided in the last
preceding sub-section, the Commonwealth authority shall be liable to repay to
the Commonwealth part of any contributions made by the Commonwealth in respect
of superannuation allowance to the officer, such part being calculated
according to the proportion which the period of the officer's employment as,
or as a member of, or by, the Commonwealth authority bears to the total period
of employment of the officer by the Commonwealth and as, or as a member of, or
by, the Commonwealth authority.
Sub-section (3) omitted by No. 15, 1959, s. 3.
* * * * * * * *
OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - SECT. 6.
Officer to be unattached during employment.
SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
6. (1) An officer who is employed as, or as a member of, or by, a
Commonwealth authority shall, during his employment, be deemed to be an
unattached officer of the Public Service of the Commonwealth.
Amended by No. 216, 1973, s. 3.
(2) Subject to this Act, an unattached officer shall, during the period of
his employment, preserve rights in respect of the matters mentioned in
paragraphs (a), (b), (c) and (e) of sub-section (1) of the last preceding
section, and the period of his employment shall, for all purposes, be included
as part of his period of service as an officer of the Public Service of the
Commonwealth.
Amended by No. 86, 1940, s. 4; and No. 216, 1973, s. 3.
(3) Upon the termination of his employment an unattached officer who has not
been dismissed for misconduct or who has not attained the maximum age for
retirement fixed by the Public Service Act 1922-1973, shall be entitled to be
appointed by the Public Service Board to an office in the Public Service of
such status and salary as are determined by the Board, having regard to the
office in the Public Service previously vacated by the officer and the period
of his employment.
OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - SECT. 7.
Regulations.
SECT
7. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which are required or permitted to be prescribed,
or which are necessary or convenient to be prescribed, for carrying out or
giving effect to this Act.
OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - SCHEDULE
SCH
Substituted by No. 216, 1973, s. 3.
SCHEDULE*
Anglo-Australian Telescope Agreement Act 1970-1973, s. 17. Apple and Pear
Organization Act 1938-1971, s. 12A. Atomic Energy Act 1953-1973, ss. 11, 22.
Audit Act 1901-1973, s. 6. Australian Capital Territory Electricity Supply Act
1962-1973, s. 21. Australian Coastal Shipping Commission Act 1956-1973, s. 22.
Australian Electoral Office Acts 1973, s. 12. Australian Film Development
Corporation Act 1970-1973, s. 22. Australian Industry Development Corporation
Act 1970-1973, s. 35. Australian Institute of Aboriginal Studies Act
1964-1973, s. 21. Australian Institute of Marine Science Act 1972-1973, s. 47.
Australian National Airlines Act 1945-1973, s. 18A. Australian National
University Act 1946-1973, s. 34. Australian Security Intelligence Organization
Act 1956-1973, s. 11. Australian Tourist Commission Act 1967-1973, s. 28.
Australian Universities Commission Act 1959-1973, s. 18. Broadcasting and
Television Act 1942-1973, ss. 9, 43. Canberra College of Advanced Education
Act 1967-1973, s. 20. Canned Fruits Export Marketing Act 1963-1973, s. 21.
Christmas Island Act 1958-1973, s. 17. Cities Commission Act 1972-1973, s. 17.
Coal Industry Act 1946-1973, ss. 8A, 17. Cocos (Keeling) Islands Act
1955-1973, s. 15A. Commission on Advanced Education Act 1971-1973, s. 18.
Commonwealth Banks Act 1959-1973, s. 128. Commonwealth Bureau of Roads Act
1964-1973, s. 26. Commonwealth Police Act 1957-1973, s. 5. Commonwealth Serum
Laboratories Act 1961-1973, s. 26. Commonwealth Teaching Service Act
1972-1973, s. 50. Compensation (Australian Government Employees) Act
1971-1973, ss. 16, 71. Conciliation and Arbitration Act 1904-1973, s. 12.
Courts-Martial Appeals Act 1955-1973, s. 13. Criminology Research Act
1971-1973, s. 24. Dairy Produce Export Control Act 1924-1973, s. 29A. Dried
Fruits Export Control Act 1924-1973, s. 12. Egg Export Control Act 1947-1973,
ss. 8A, 12. Export Payments Insurance Corporation Act 1956-1973, s. 18. Film
and Television School Acts 1973, s. 45. Grants Commission Acts 1973, s. 8.
Honey Industry Act 1962-1973, s. 20. Housing Loans Insurance Act 1965-1973, s.
45. Income Tax Assessment Act 1936-1973, s. 179. Industrial Research and
Development Grants Act 1967-1973, s. 15. Insurance Acts 1973, s. 13. Law
Officers Act 1964-1973, s. 14. Meat Industry Act 1964-1973, s. 27. Metric
Conversion Act 1970-1973, s. 17. Mount Stromlo Observatory Act 1956-1973, s.
7. National Capital Development Commission Act 1957-1973, s. 17. National
Library Act 1960-1973, s. 17F. Naval Defence Act 1910-1973, s. 42B. Northern
Territory (Administration) Act 1910-1973, s. 3AA. Overseas Telecommunications
Act 1946-1973, s. 18. Papua New Guinea Act 1949-1973, s. 15A. Parliamentary
Counsel Act 1970-1973, s. 11. Pipeline Authority Acts 1973, s. 24. Prices
Justification Acts 1973, s. 33. Public Service Act 1922-1973, s. 11. Public
Service Arbitration Act 1920-1973, s. 7D. Repatriation Act 1920-1973, s. 63.
Reserve Bank Act 1959-1973, s. 88. Restrictive Trade Practices Act 1971-1973,
s. 26. Science and Industry Research Act 1949-1973, s. 22. Snowy Mountains
Engineering Corporation Act 1970-1973, s. 37. Snowy Mountains Hydro-electric
Power Act 1949-1973, s. 34. Social Welfare Commission Acts 1973, s. 20.
Stevedoring Industry Act 1956-1973, s. 15. Stevedoring Industry (Temporary
Provisions) Act 1967-1973, s. 6G. Superannuation Act 1922-1973, s. 121. Tariff
Board Act 1921-1973, ss. 6, 14A. Taxation Administration Act 1953-1973, s. 15.
Tobacco Marketing Act 1965-1973, s. 17. Trade Commissioners Act 1933-1973, s.
6. Weights and Measures (National Standards) Act 1960-1973, s. 18A. Wheat
Industry Stabilization Act 1968-1973, s. 15. Wine Overseas Marketing Act
1929-1973, s. 13. Wool Industry Act 1972-1973, s. 86.
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OFFICERS' RIGHTS DECLARATION ACT 1928-1973 - NOTES
NOTES
1. The Officers' Rights Declaration Act 1928-1973 comprises the Officers'
Rights Declaration Act 1928 as amended by the other Acts specified in the
following table:
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Number Date of
Act and year Date of
Assent commencement
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Officers' Rights
Declaration Act 1928 No. 16,1928 22 June 1928 28 June 1928 (see
Gazette 1928, p.
2058)
Officers' Rights
Declaration Act 1933 No. 19, 1933 13 Nov 1933 13 Nov 1933
Officers' Rights
Declaration Act 1940 No. 86, 1940 16 Dec 1940 13 Jan 1941
Taxation Administration
Act 1953 No. 1, 1953 4 Mar 1953 1 Apr 1953
Officers' Rights
Declaration Act 1959 No. 15, 1959 23 Apr 1959 14 Jan 1960 (a)
Officers' Rights
Declaration Act 1968 No. 6, 1968 8 May 1968 5 June 1968
Officers' Rights
Declaration Act 1969 No. 13, 1969 23 Apr 1969 23 Apr 1969
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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(a) Section 2 of the Officers' Rights Declaration Act 1959 provides as
follows:
''2. This Act shall come into operation on the day on which the Reserve
Bank Act 1959 comes into operation.''
That Act came into operation on 14 January 1960 (see Gazette 1960, p.
47).
2.-Ss. 3, 4 and Sch.-See also-
Albury-Wodonga Development Act 1974
Australian Apple and Pear Corporation Act 1974
Hospital and Health Services Commission Act 1974
Industries Assistance Commission Act 1974
Schools Commission Act 1974.
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