Public Employment (Consequential and Transitional) Amendment Act 1999 (Cth)

Public Employment (Consequential and Transitional) Amendment Act 1999

Act No. 146 of 1999 as amended

This compilation was prepared on 27 July 2004

[This Act was amended by Acts No. 189 of 1997 (as am. by No. 145 of 1999), No. 121 of 2000, No. 63 of 2002 and No. 115 of 2004]

Amendment from Act No. 189 of 1997

[Schedule 1 (item 10) repealed section 12

Schedule 1 (item 10) commenced on 5 December 1999]

(Note: heading to Schedule 1 (item 10) was amended by No. 145 of 1999)

Amendment from Act No. 121 of 2000

[Schedule 2 (item 8) repealed and substituted item 277 of Schedule 1

Schedule 2 (item 8) commenced on 11 November 1999]

Amendments from Act No. 63 of 2002

[Schedule 2 (item 17) amended Heading to Item 95 of Schedule 1

Schedule 2 (item 18) amended Item 98 of Schedule 1

Schedule 2 (item 19) amended Item 99 of Schedule 1

Schedule 2 (item 20) repealed Heading before item 339 of Schedule 1

Schedule 2 (item 21) added Heading before item 339 of Schedule 1

Schedule 2 (item 22) amended Heading to item 339 of Schedule 1

Schedule 2 (item 23) repealed Items 472 to 478 of Schedule 1

Schedule 2 (item 24) amended Heading to item 552 of Schedule 1

Schedule 2 (item 25) repealed Item 597 of Schedule 1

Schedule 2 (item 26) repealed Item 602 of Schedule 1

Schedule 2 (item 27) amended Item 838 of Schedule 1

Schedule 2 (item 28) amended Item 839 of Schedule 1

Schedule 2 (item 29) amended Heading to item 935 of Schedule 1

Schedule 2 (items 17‑29) commenced on 5 December 1999]

Amendments from Act No. 115 of 2004

[Schedule 1 (items 104 and 105) amended Items 764 and 765 of Schedule 1

Schedule 1 (items 104 and 105) commenced on 5 December 1999]

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

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

[Assented to 11 November 1999]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Public Employment (Consequential and Transitional) Amendment Act 1999.

2Commencement

1. (1)

   In this Act, commencing time means the time when the Public Service Act 1999 commences.

2. (2)

   Subject to this section, this Act commences at the commencing time.

3. (3)

   If:

   1. (a)

      an item (the amending item) of a Schedule to this Act is expressed to amend another Act (the amended Act); and

   2. (b)

      the whole of the amended Act is expressed to commence at one time; and

   3. (c)

      at the time when the Public Service Act 1999 commences, the amended Act:

      1. (i)

         has not yet been enacted; or

      2. (ii)

         has been enacted but has not yet commenced;

then the amending item commences immediately after the commencement of the amended Act.

1. (4)

   If:

   1. (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

   2. (b)

      at the time when the Public Service Act 1999 commences, the amended section:

      1. (i)

         has not yet been enacted; or

      2. (ii)

         has been enacted but has not yet commenced;

then the amending item commences immediately after the commencement of the amended section.

1. (5)

   If:

   1. (a)

      an item (the amending item) of a Schedule to this Act is expressed to amend, or to amend a part of, a specified subsection or definition (the amended provision); and

   2. (b)

      at the time when the Public Service Act 1999 commences, the amended provision:

      1. (i)

         has not yet been enacted; or

      2. (ii)

         has been enacted but has not yet commenced;

then the amending item commences immediately after the commencement of the amended provision.

1. (6)

   If an item (the amending item) of a Schedule to this Act is expressed to amend another Act, but that other Act is repealed at or before the commencing time, then the amending item never commences.

2. (7)

   If the Employment and Training Amendment Act 1999 commences before the commencing time, then items 402, 403 and 404 of Schedule 1 to this Act never commence. If the Employment and Training Amendment Act 1999 commences at or after the commencing time, then items 405 and 406 of Schedule 1 to this Act never commence.

Part 2Repeals and amendments 3Schedule(s)

1. (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. (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. (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 3Transitional provisions 4Interpretation

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:

1. (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:

   1. (i)

      the Agency that corresponds to that Department; or

   2. (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

2. (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

3. (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:

1. (a)

   a person to whom Division 2 of Part IV of the old Act applied immediately before the commencing time; and

2. (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 74 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:

1. (a)

   a person to whom Division 3 of Part IV of the old Act applied immediately before the commencing time; or

2. (b)

   a person who becomes a second-tier person under subsection 6(6) of this Act.

Statutory Agency means a Statutory Agency within the meaning of the new Act.

statutory instrument means:

1. (a)

   a law of the Commonwealth (other than the new Act); or

2. (b)

   a law of a Territory; or

3. (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:

1. (a)

   a short‑term or fixed‑term employee for the purposes of Division 10 of Part III of the old Act; or

2. (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:

1. (a)

   the period prescribed by the regulations for the purposes of this paragraph;

2. (b)

   the time when the person ceases to be engaged in eligible public employment;

3. (c)

   the time when the person resigns or retires as an APS employee;

4. (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.

5Conversion of officers, employees etc.

Fixed‑term Secretaries

1. (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

1. (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.

Merit Protection Commissioner

1. (3)

   At the commencing time, the person holding office as the Merit Protection Commissioner under the Merit Protection (Australian Government Employees) Act 1984 becomes the Merit Protection Commissioner under the new Act, as if he or she had been appointed as the Merit Protection Commissioner under the new Act for a period equal to the unexpired part of his or her term under the Merit Protection (Australian Government Employees) Act 1984.

Fixed‑term SES officer

1. (4)

   At the commencing time, a fixed‑term SES officer becomes an SES employee:

   1. (a)

      in the corresponding Agency; and

   2. (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

1. (5)

   At the commencing time, a continuing SES officer becomes an SES employee:

   1. (a)

      in the corresponding Agency; and

   2. (b)

      with a corresponding classification;

as if he or she had been engaged as an ongoing APS employee under the new Act.

Non‑SES officers

1. (6)

   At the commencing time, a non‑SES officer becomes a non‑SES employee:

   1. (a)

      in the corresponding Agency; and

   2. (b)

      with a corresponding classification;

as if he or she had been engaged as an ongoing APS employee under the new Act.

Term employees

1. (7)

   At the commencing time, a term employee becomes a non‑SES employee:

   1. (a)

      in the corresponding Agency; and

   2. (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

1. (8)

   At the commencing time, a continuing employee becomes a non‑SES employee:

   1. (a)

      in the corresponding Agency; and

   2. (b)

      with a corresponding classification;

as if he or she had been engaged as an ongoing APS employee under the new Act.

Overseas‑engaged employees

1. (9)

   At the commencing time, an overseas‑engaged employee becomes a non‑SES employee:

   1. (a)

      in the corresponding Agency; and

   2. (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

1. (10)

   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.

6Rights under Part IV of the old Act – first tier

1. (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. (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. (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:

   1. (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

   2. (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. (4)

   If a person:

   1. (a)

      gives a notice under paragraph (3)(a) of this section; and

   2. (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.

1. (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.

2. (6)

   If the transitional period for a first-tier person ends at the end of the relevant period (as defined in subsection 87D(5) of the old Act), then the person becomes a second-tier person at the end of that relevant period.

7Rights under Part IV of the old Act – second tier

1. (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. (2)

   Regulations made for the purposes of subsection (1) may prescribe exceptions to the entitlement.

8Retirement 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.

9Determinations under section 82D of the old Act

1. (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. (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. (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 third anniversary of the commencing time.

10Misconduct

1. (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. (2)

   Subsection (1) does not apply to conduct for which a person was charged under the old Act before the commencing time.

3. (3)

   For the purposes of this section, the procedures referred to in section 15 of the new Act apply in determining whether:

   1. (a)

      conduct was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act; and

   2. (b)

      conduct would have been a breach of the Code of Conduct if the conduct had happened after the commencing time.

11Secretaries of core Departments

1. (1)

   At the commencing time, the name of each Secretary of a core Department is amended by changing “Secretary to” to “Secretary of”.

2. (2)

   In any statutory instrument:

   1. (a)

      a reference to the Secretary to a Department includes a reference to the Secretary of a Department; and

   2. (b)

      a reference to the Secretary to a specified Department includes a reference to the Secretary of the specified Department.

13References in statutory instruments to “officer” etc.

(1) In any statutory instrument (other than the Acts Interpretation Act 1901), unless the contrary intention appears:

1. (a)

   references in general terms to an officer include references to a new Act Secretary or an APS employee; and

2. (b)

   references to an officer of the Commonwealth include references to a new Act Secretary or an APS employee; and

3. (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

4. (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

5. (e)

   references to an employee of a particular Department include references to a locally engaged employee in that Department; and

6. (f)

   references in general terms to an office include references to a position occupied by an APS employee; and

7. (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.

1. (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.

14Regulations

1. (1)

   The Governor‑General may make regulations prescribing matters:

   1. (a)

      required or permitted by this Act to be prescribed; or

   2. (b)

      necessary or convenient to be prescribed for carrying out or giving effect to this Act.

2. (2)

   The following subsections do not, by implication, limit subsection (1).

3. (3)

   Regulations may be made:

   1. (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:

      1. (i)

         processes relating to appointment, re‑instatement, transfer, promotion, advancement, classification or retirement;

      2. (ii)

         inquiries into pre‑commencement misconduct for which a person was charged under the old Act before the commencing time;

      3. (iii)

         appeals against disciplinary directions;

      4. (iv)

         the performance of functions under Subdivision FA of Division 2 of Part II of the Merit Protection Act;

      5. (v)

         the review of decisions under Division 3 of Part II of the Merit Protection Act;

      6. (vi)

         the investigation of grievances under Division 4 of Part II of the Merit Protection Act; and

   2. (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

   3. (c)

      in relation to:

      1. (i)

         the review of decisions made under the old Act before the commencing time; and

1. 1. 1. (ii)

         the effects, under the new Act, of those reviews; and

      2. (iii)

         the powers available to a person or body conducting such a review; and

   2. (d)

      providing for the powers available to a person conducting a review referred to in paragraph (c); and

   3. (e)

      in relation to arrangements, agreements and other things under Division 9 of Part III of the old Act; and

   4. (f)

      for other matters of a transitional or saving nature arising from:

      1. (i)

         the repeal of the old Act or the Merit Protection Act; or

      2. (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.

2. (4)

   Regulations made under subsection (3):

   1. (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

   2. (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.

3. (5)

   The regulations may:

   1. (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

   2. (b)

      make provision of a transitional or saving nature in relation to amendments made under paragraph (a).

4. (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.

5. (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.

6. (8)

   This section does not, by implication, limit any other section of this Act that provides for the making of regulations.

Schedule 1Repeals 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:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

   2. (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:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the TSRA General Manager and the APS employees assisting the TSRA General Manager together constitute a Statutory Agency; and

   2. (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:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the General Manager of Aboriginal Hostels Limited, and the APS employees assisting Aboriginal Hostels Limited, together constitute a Statutory Agency; and

   2. (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 and Torres Strait Islander Heritage Protection Act 1999

22

Subsection 14(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

23

Subsection 16(1)

Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.

24

Section 20

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

25

Subsection 79(5) (paragraph (b) of the definition of authorised person)

Repeal the paragraph, substitute:

1. (b)

   a person appointed or engaged under the Public Service Act 1999 who is authorised in writing by the Attorney-General under this section.

26

Subsection 80(2)

Omit “a person who holds or performs the duties of a Senior Executive Service office under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.

Aboriginal Councils and Associations Act 1976

27

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

28

Paragraph 23E(3)(b)

Omit “Permanent Head” (wherever occurring), substitute “Secretary”.

29

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)”.

30

Subsection 54C(2)

Omit “the officer” (wherever occurring), substitute “the public servant”.

31

Section 59

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

ACIS Administration Act 1999

32

Subsection 115(1)

Omit “an SES officer (within the meaning of the Public Service Act 1922)”, substitute “an SES employee”.

Acts Interpretation Act 1901

33

After section 17

Insert:

17AADefinitions 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.

34

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”.

35

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”.

36

At the end of section 19C

Add:

1. (2)

   In this section:

officer includes an APS employee.

37

At the end of section 21

Add:

1. (2)

   In this section:

office includes a position occupied by an APS employee.

officer includes an APS employee.

38

At the end of section 25B

Add:

1. (3)

   In this section:

office includes a position occupied by an APS employee.

39

After subsection 33(2)

Insert:

1. (2AA)

   In subsection (2), office includes a position occupied by an APS employee.

40

At the end of section 33A

Add:

1. (2)

   In this section:

office includes a position occupied by an APS employee.

Administrative Appeals Tribunal Act 1975

41

Subsection 12(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

42

Subsection 24G(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

43

Subsection 24N(3)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

44

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”.

45

Subsection 24N(4)

Omit “the Department”, substitute “the Agency”.

46

Section 24P

Repeal the section, substitute:

24PStatutory Agency etc. for purposes of Public Service Act

For the purposes of the Public Service Act 1999:

1. (a)

   the Registrar and the APS employees assisting the Registrar together constitute a Statutory Agency; and

2. (b)

   the Registrar is the Head of that Statutory Agency.

47

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

48

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”.

49

Subsection 19(2)

Omit all the words after “the specified”, substitute “SES employee or acting SES employee”.

Administrative Decisions (Judicial Review) Act 1977

50

Paragraph (r) of Schedule 2

Omit “officers of the Australian Public Service”, substitute “APS employees”.

51

Paragraph (s) of Schedule 2

Repeal the paragraph.

52

Subparagraph (t)(ii) of Schedule 2

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

53

Paragraph (w) of Schedule 2

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Affirmative Action (Equal Employment Opportunity for Women) Act 1986

54

Subsection 29(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

55

Subsection 29(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

   2. (b)

      the Director is the Head of that Statutory Agency.

Aged Care Act 1997

56

Clause 1 of Schedule 1 (definition of officer)

Repeal the definition.

Aged Care Income Testing Act 1997

57

Section 3 (definition of officer)

Repeal the definition.

Agricultural and Veterinary Chemicals (Administration) Act 1992

58

Paragraph 11(1)(e)

Repeal the paragraph, substitute:

1. (e)

   a person appointed or engaged under the Public Service Act 1999;

59

Section 39

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

60

Paragraph 46(1)(a)

Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.

61

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

62

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

63

Paragraph 10(3)(a)

Repeal the paragraph, substitute:

1. (a)

   an SES employee, or acting SES employee, in the Department; or

64

Subsection 14(3)

Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.

65

Subsection 17(2)

Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.

66

Paragraph 18(3)(a)

Repeal the paragraph, substitute:

1. (a)

   an SES employee, or acting SES employee, in the Department; or

Airline Equipment (Loan Guarantee) Act 1972

67

Subparagraph 4(d)(i)

Omit “officers employed in the Commonwealth Service”, substitute “APS employees”.

68

Subparagraph 4(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1976

69

Subparagraph 5(d)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

70

Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1977

71

Subparagraph 5(d)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

72

Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1978

73

Subparagraph 5(d)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

74

Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act (No. 2) 1978

75

Subparagraph 6(e)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

76

Subparagraph 6(e)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1980

77

Subparagraph 5(e)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

78

Subparagraph 5(e)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1981

79

Subparagraph 5(e)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

80

Subparagraph 5(e)(ii)

Omit “officers”, substitute “APS employees”.

Airports Act 1996

81

Paragraph 244(1)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee or acting SES employee whether or not in the Department;

82

Subsection 244(2)

Repeal the subsection.

83

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”.

84

Subsection 249(7) (definition of Senior Executive Service office)

Repeal the definition.

Air Services Act 1995

85

Subsection 30(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

Albury‑Wodonga Development Act 1973

1. 86

   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”.

87

Paragraph 8(1)(e)

Omit “for Departments”, substitute “for Agencies (within the meaning of the Public Service Act 1999)”.

88

Paragraph 8(1)(e)

Omit “those Departments”, substitute “those Agencies”.

89

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)”.

90

Subsection 21(3)

Omit “the Department”, substitute “the Agency”.

91

Section 22

Repeal the section.

A New Tax System (Australian Business Number) Act 1999

92

Subparagraph 30(3)(c)(i)

Repeal the subparagraph, substitute:

1. (i)

   an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of legislation administered by the Agency Minister (within the meaning of that Act); or

93

Subparagraph 30(3)(d)(i)

Repeal the subparagraph, substitute:

1. (i)

   an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of legislation administered by the Agency Minister (within the meaning of that Act); or

94

Section 41 (paragraph (c) of the definition of government entity)

Repeal the paragraph, substitute:

1. (c)

   an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or

A New Tax System (Commonwealth-State Financial Arrangements) Act 1999

95

Subsection 21(1)

Omit “an SES officer (within the meaning of the Public Service Act 1922)”, substitute “an SES employee”.

ANL Guarantee Act 1994

96

Subsection 5(1)

Omit “an officer in the Senior Executive Service”, substitute “a person who is an SES employee or acting SES employee”.

97

Subsection 5(2)

Omit “officer”, substitute “person”.

Anti-Personnel Mines Convention Act 1998

98

Paragraph 29(1)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee, or acting SES employee, whether or not in the Department;

99

Paragraph 29(3)(d)

Repeal the paragraph, substitute:

1. (d)

   an SES employee, or acting SES employee, whether or not in the Department;

Archives Act 1983

1. 100

   Subsection 3(1) (definition of Director‑General)

   Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

101

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”.

102

Section 9

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

103

Paragraph 34(8)(a)

Repeal the paragraph, substitute:

1. (a)

   the Secretary of a Department (within the meaning of the Public Service Act 1999); or

Auditor‑General Act 1997

104

Subsection 40(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

105

After subsection 40(1)

Insert:

1. (1A)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Auditor‑General and the APS employees assisting the Auditor‑General together constitute a Statutory Agency; and

   2. (b)

      the Auditor‑General is the Head of that Statutory Agency.

106

Subclause 4(1) of Schedule 1

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australia Council Act 1975

107

Subsection 12(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

108

Subsection 16(5)

Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

109

Subsection 19C(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australia‑Japan Foundation Act 1976

110

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

111

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

112

Subsection 14A(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australian Bureau of Statistics Act 1975

113

Subparagraph 6(5)(b)(i)

Repeal the subparagraph, substitute:

1. (i)

   an Agency within the meaning of the Public Service Act 1999; or

114

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”.

115

Subsection 16(3)

Omit “, with the approval of the Public Service Board,”.

116

Subsections 16(4) and (5)

Repeal the subsections, substitute:

1. (4)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Statistician and the APS employees assisting the Statistician together constitute a Statutory Agency; and

   2. (b)

      the Statistician is the Head of that Statutory Agency.

Australian Capital Territory Government Service (Consequential Provisions) Act 1994

1. 117

   Subsection 3(1) (definition of unattached officer)

   Repeal the definition.

118

Sections 6 and 7

Repeal the sections.

119

Subsection 8(1)

After “where”, insert “before the commencement of the Public Service Act 1999”.

120

Subsection 8(2)

After “Secretary” (first occurring), insert “or Agency Head (within the meaning of the Public Service Act 1999)”.

121

Subsection 8(2)

After “Secretary” (last occurring), insert “or Agency Head”.

122

Subsection 8(3)

After “Secretary”, insert “or Agency Head (within the meaning of the Public Service Act 1999)”.

123

Subsection 8(5)

After “Secretary”, insert “or Agency Head”.

124

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)”.

125

Paragraph 10(a)

Omit “Department”, substitute “Agency (within the meaning of that Act)”.

126

Paragraph 10(b)

Omit “Secretary”, substitute “Agency Head”.

127

Part 3

Repeal the Part.

128

Section 24

Repeal the section.

129

Subsection 25(1)

Repeal the subsection, substitute:

1. (1)

   This section applies to a person who is engaged under section 22 of the Public Service Act 1999.

130

Subsection 25(2)

Repeal the subsection.

131

Subsection 25(3)

Omit “appointment to an office or as an unattached officer”, substitute “engagement as an APS employee”.

132

Subsections 25(3) and (4)

Omit “Public Service Act”, substitute “Public Service Act 1999”.

133

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”.

134

Subsection 25(4)

Omit “an officer of the Australian Public Service”, substitute “an APS employee”.

135

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”.

136

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”.

137

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”.

138

Subparagraph 26(2)(a)(i)

Omit “Public Service Act”, substitute “Public Service Act 1999”.

139

Paragraph 26(2)(b)

Omit “under a provision corresponding to section 6 of this Act”.

140

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

141

Subsection 38(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

142

Subsection 47(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

143

Subsection 47(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Chief Executive and the APS employees assisting the Chief Executive together constitute a Statutory Agency; and

   2. (b)

      the Chief Executive is the Head of that Statutory Agency.

Australian Centre for International Agricultural Research Act 1982

144

Paragraph 19(1)(c)

Omit “office”, substitute “position”.

145

Subsection 26(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

146

Subsection 30(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

147

Subsections 30(2) and (3)

Repeal the subsections, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

   2. (b)

      the Director is the Head of that Statutory Agency.

148

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)”.

149

Subsection 31(1)

Omit “the Department”, substitute “the Agency”.

Australian Communications Authority Act 1997

150

Section 3

Omit “Chairman” (wherever occurring), substitute “Chair”.

151

Section 4 (definition of Chairman)

Repeal the definition, substitute:

Chair means the Chair of the ACA.

152

Section 4 (definition of Deputy Chairman)

Repeal the definition, substitute:

Deputy Chair means the Deputy Chair of the ACA.

153

Section 16

Omit “Chairman” (wherever occurring), substitute “Chair”.

154

Subsections 17(2) and (3)

Omit “Chairman” (wherever occurring), substitute “Chair”.

155

Subsections 22(3), (4) and (5)

Omit “Chairman” (wherever occurring), substitute “Chair”.

156

Section 24

Omit “Chairman” (wherever occurring), substitute “Chair”.

157

Subsections 34(1) and (2)

Omit “Chairman” (wherever occurring), substitute “Chair”.

158

Subsection 35(1)

Omit “This subsection has effect subject to section 87E of the Public Service Act 1922.”.

159

Subsections 35(2), (3) and (4)

Omit “Chairman” (wherever occurring), substitute “Chair”.

160

Subsections 39(1), (2) and (3)

Omit “Chairman” (wherever occurring), substitute “Chair”.

161

Subsection 40(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

162

Subsection 40(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and

   2. (b)

      the Chair is the Head of that Statutory Agency.

163

Subsections 48(4) and (5)

Omit “Chairman” (wherever occurring), substitute “Chair”.

Australia New Zealand Food Authority Act 1991

164

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)”.

165

Paragraphs 38(d) and (e)

After “in those”, insert “Agencies,”.

166

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)”.

167

Paragraph 39(7)(a)

Omit “the Department”, substitute “the Agency”.

168

Subsection 53(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

169

Subsection 53(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Chairperson and the APS employees assisting the Chairperson together constitute a Statutory Agency; and

   2. (b)

      the Chairperson is the Head of that Statutory Agency.

Australian Federal Police Act 1979

170

Subsection 21(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

171

After subsection 31(3)

Insert:

1. (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.

2. (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:

   1. (a)

      Part IV of the Public Service Act 1922;

   2. (b)

      Division 3 of Part IV of the Public Service Act 1922;

   3. (c)

      the Officers’ Rights Declaration Act 1928.

Australian Film Commission Act 1975

172

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

173

Subsection 17(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

Australian Hearing Services Act 1991

1. 174

   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”.

2. 175

   Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)

   Omit “within the meaning of that Act”.

176

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)”.

177

Paragraph 67(7)(a)

Omit “the Department”, substitute “the Agency”.

178

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)”.

179

Paragraphs 68(d) and (e)

After “in those”, insert “Agencies,”.

180

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

181

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)”.

182

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”.

183

Subsection 32(1)

Omit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.

184

Section 33

Omit “Department of the Commonwealth Government”, substitute “Agency (within the meaning of the Public Service Act 1999)”.

185

Section 33

Omit “the Department”, substitute “the Agency”.

Australian Industry Development Corporation Act 1970

186

Section 29W

Repeal the section.

187

Subsection 34E(6) (paragraph (c) of the definition of associated person)

Repeal the paragraph, substitute:

1. (c)

   a person appointed or engaged under the Public Service Act 1999; or

188

Paragraph 34X(1)(c)

Repeal the paragraph, substitute:

1. (c)

   an SES employee or acting SES employee, whether or not in the Department of Finance;

189

Subsection 34X(2)

Repeal the subsection.

190

Paragraph 37A(1)(c)

Repeal the paragraph, substitute:

1. (c)

   an SES employee or acting SES employee, whether or not in the Department;

191

Subsection 37A(2)

Repeal the subsection.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

192

Subsection 29(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

193

Subsection 29(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Principal and the APS employees assisting the Principal together constitute a Statutory Agency; and

   2. (b)

      the Principal is the Head of that Statutory Agency.

194

Section 45A

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australian Institute of Health and Welfare Act 1987

195

Subsection 11(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

196

Paragraph 19(1)(a)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

197

Subsection 19(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

   2. (b)

      the Director is the Head of that Statutory Agency.

Australian Institute of Marine Science Act 1972

198

Subsection 25(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

199

Section 34

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Australian Land Transport Development Act 1988

200

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

201

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

202

Subsection 19(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

Australian Maritime Safety Authority Act 1990

203

Subsection 17(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

204

Subsection 51A(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

205

Paragraph 57(a)

Omit “, or Associate Secretary,”.

206

Paragraph 57(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee, or acting SES employee, in the Department.

Australian Meat and Live-stock Industry Act 1997

207

Subsection 70(3) (definition of SES employee)

Repeal the definition.

Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997

208

Item 10 of Schedule 5 (definition of officer)

Repeal the definition, substitute:

officer means a person in the Department who is engaged under the Public Service Act 1999.

209

Item 23 of Schedule 5 (definition of officer)

Repeal the definition, substitute:

officer means a person in the Department who is engaged under the Public Service Act 1999.

Australian Meat and Live-stock (Quotas) Act 1990

210

Section 8A

Omit “an officer, within the meaning of the Public Service Act 1922, or to an APS employee, within the meaning of the Public Service Act 1997”, substitute “a person engaged under the Public Service Act 1999”.

Australian National Maritime Museum Act 1990

211

Subsection 34(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

212

Subsection 40(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

213

Subsection 40(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

   2. (b)

      the Director is the Head of that Statutory Agency.

214

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)”.

215

Subsection 41(1)

Omit “Department” (last occurring), substitute “Agency”.

Australian National Railways Commission Act 1983

1. 216

   Subsection 67AZB(5) (paragraph (c) of the definition of associated person)

   Repeal the paragraph, substitute:

   1. (c)

      a person appointed or engaged under the Public Service Act 1999; or

217

Paragraph 67AZV(1)(c)

Repeal the paragraph, substitute:

1. (c)

   an SES employee or acting SES employee, whether or not in the Department of Finance;

218

Subsection 67AZV(2)

Repeal the subsection.

Australian National Training Authority Act 1992

219

Subsection 30(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

220

Paragraph 40A(1)(a)

Omit “of a Department of the Australian Public Service or”.

221

After paragraph 40A(1)(a)

Insert:

1. (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

222

Subsection 43(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

223

Subsection 45(4)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

224

Subsections 45(5), (6) and (7)

Repeal the subsections, substitute:

1. (5)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

   2. (b)

      the Chief Executive Officer is the Head of that Statutory Agency.

225

Paragraph 46(1)(a)

Omit “of Departments of the Australian Public Service, and”.

226

After paragraph 46(1)(a)

Insert:

1. (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

227

Subsection 21A(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

228

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)”.

229

Subsection 24(2)

Omit “that Department”, substitute “that Agency”.

230

Subsection 37J(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

231

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)”.

232

Subsection 37P(2)

Omit “that Department”, substitute “that Agency”.

Australian Protective Service Act 1987

233

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”.

234

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”.

235

Paragraph 12(3)(c)

Repeal the paragraph, substitute:

1. (c)

   a determination made under section 24 of the Public Service Act 1999;

Australian Prudential Regulation Authority Act 1998

236

Subsection 9A(4)

Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.

Australian Radiation Protection and Nuclear Safety Act 1998

237

Subsection 48(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

238

Subsections 58(1) and (2)

Repeal the subsections, substitute:

1. (1)

   The staff necessary to assist the CEO are to be persons engaged under the Public Service Act 1999.

2. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and

   2. (b)

      the CEO is the Head of that Statutory Agency.

Australian Securities and Investments Commission Act 1989

239

Subsection 113(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

240

Subsection 120(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

241

Subsection 120(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Commission and the APS employees assisting the Commission together constitute a Statutory Agency; and

   2. (b)

      the Chairperson of the Commission is the Head of that Statutory Agency.

242

Subsection 120(3)

Omit “Commission” (wherever occurring), substitute “Chairperson”.

243

Subsection 120(4)

Omit “Commission”, substitute “Chairperson”.

244

Subsection 121(1)

Omit “The Commission may”, substitute “The Chairperson may”.

245

Subsection 121(2)

Omit “Commission”, substitute “Chairperson”.

246

Paragraph 122(a)

Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.

247

Paragraph 125(1)(a)

Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

248

Subsection 156(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

249

Subsection 156(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Convenor and the APS employees assisting the Convenor together constitute a Statutory Agency; and

   2. (b)

      the Convenor is the Head of that Statutory Agency.

250

Paragraph 158(a)

Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.

251

Subsection 180(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

Australian Security Intelligence Organisation Act 1979

1. 252

   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”.

253

Subsection 11(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

254

Subsection 24(3) (definition of Senior Executive Service office)

Repeal the definition.

255

Subsection 24(3) (paragraph (a) of the definition of senior officer of the Organisation)

Repeal the paragraph, substitute:

1. (a)

   equivalent to a position occupied by an SES employee; or

256

Section 86

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

257

Subsection 90(5)

Repeal the subsection.

258

Section 90A

Repeal the section.

Australian Space Council Act 1994

259

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

260

Subsection 14(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

261

Subsection 35(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

262

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)”.

263

Subsection 41(3)

Omit “that Department”, substitute “that Agency”.

Australian Sports Drug Agency Act 1990

264

Subsection 33(3)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

265

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)”.

266

Subsection 56(3)

Omit “Department” (second occurring), substitute “Agency”.

Australian Tourist Commission Act 1987

267

Subsection 13(4)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

268

Subsection 18(3)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

269

Subsection 36(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australian Trade Commission Act 1985

1. 270

   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)”.

271

Subsection 57(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

272

Section 63

Repeal the section.

Australian War Memorial Act 1980

273

Subsection 23(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

274

Subsection 27(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

275

Subsections 27(2), (3) and (4)

Repeal the subsections, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

   2. (b)

      the Director is the Head of that Statutory Agency.

276

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

277

Subsection 39ZL(1A)

Omit “a Department of the Commonwealth”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.

Note: This item corrects a misdescribed amendment of the Australian Wine and Brandy Corporation Act 1980.

Australian Wool Research and Promotion Organisation Act 1993

1. 278

   Subsection 4(1) (definition of designated group)

   Repeal the definition, substitute:

   designated group means any of the following classes of persons:

   1. (a)

      members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;

   2. (b)

      persons who have migrated to Australia and whose first language is not English, and the children of such persons;

   3. (c)

      persons with a physical or mental disability.

Bank Integration Act 1991

1. 279

   Subsection 5(1) (subparagraph (b)(ii) of the definition of authorised person)

   Repeal the subparagraph, substitute:

   1. (ii)

      an SES employee or acting SES employee;

Bankruptcy Act 1966

280

Subsection 31A(5)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Bounty (Books) Act 1986

281

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

282

Subsection 165(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

283

Subsection 165(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Chairperson and the APS employees assisting the Chairperson together constitute a Statutory Agency; and

   2. (b)

      the Chairperson is the Head of that Statutory Agency.

Chemical Weapons (Prohibition) Act 1994

284

Paragraph 99(c)

Repeal the paragraph, substitute:

1. (c)

   an SES employee, or acting SES employee, in the Department;

Child Support (Assessment) Act 1989

285

Subparagraph 149(1)(c)(i)

Repeal the subparagraph, substitute:

1. (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

286

Subsection 150(1) (subparagraph (c)(i) of the definition of person to whom this section applies)

Repeal the subparagraph, substitute:

1. (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

287

Subparagraph 15(1)(c)(i)

Repeal the subparagraph, substitute:

1. (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

288

Subsection 16(1) (subparagraph (c)(i) of the definition of person to whom this section applies)

Repeal the subparagraph, substitute:

1. (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

289

Paragraph 8G(7)(h)

Repeal the paragraph, substitute:

1. (h)

   a person appointed or engaged under the Public Service Act 1999;

290

Subsection 17(1)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

291

Subsection 17(3)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Civil Aviation Act 1988

292

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

293

Subsection 54(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

294

Subsection 54(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

   2. (b)

      the Director is the Head of that Statutory Agency.

295

Subsection 59(2)

Omit “an officer of the Australian Public Service”, substitute “appointed or engaged under the Public Service Act 1999”.

296

Subsection 61(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

Cocos (Keeling) Islands Act 1955

297

Paragraph 8G(7)(h)

Repeal the paragraph, substitute:

1. (h)

   a person appointed or engaged under the Public Service Act 1999;

298

Subsections 15A(1) and (3)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Commonwealth Authorities and Companies Act 1997

299

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

1. 300

   Subsection 20(5) (subparagraph (c)(i) of the definition of authorised person)

   Repeal the subparagraph, substitute:

   1. (i)

      is an SES employee, or acting SES employee, in the Department; and

Commonwealth Electoral Act 1918

301

Paragraph 6(5)(a)

Repeal the paragraph, substitute:

1. (a)

   an office of Agency Head (within the meaning of the Public Service Act 1999); or

302

Subsection 23(1)

Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.

303

Paragraph 29(1)(a)

Repeal the paragraph, substitute:

1. (a)

   persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and

304

Subsection 29(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and

   2. (b)

      the Electoral Commissioner is the Head of that Statutory Agency.

305

Subsection 35(3)

Omit all the words after “Commission”.

306

Subsection 35(5)

Repeal the subsection.

307

Paragraph 60(3)(b)

Omit “an officer”, substitute “a person”.

308

Paragraph 60(3)(b)

Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.

309

Paragraph 60(3A)(d)

Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.

310

Paragraph 60(4)(b)

Omit “an officer”, substitute “a person”.

311

Subsection 91(1) (definition of Secretary of a Department)

Repeal the definition.

312

Paragraph 91(11)(a)

Omit “Secretary of a Department”, substitute “Agency Head of an Agency (within the meaning of the Public Service Act 1999)”.

313

Paragraph 193(2)(b)

Repeal the paragraph, substitute:

1. (b)

   a person appointed or engaged under the Public Service Act 1999;

314

Subsection 279B(1)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

315

Subsection 279B(7)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

316

Subsection 311A(4) (paragraph (c) of the definition of Commonwealth Department)

Repeal the paragraph, substitute:

1. (c)

   an Agency (within the meaning of the Public Service Act 1999).

317

Subsection 311A(4) (paragraph (b) of the definition of principal officer)

Repeal the paragraph, substitute:

1. (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

318

Subsection 10(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

319

Subsection 15(2)

Omit “officers or employees employed under the Public Service Act 1922”, substitute “APS employees”.

Commonwealth Inscribed Stock Act 1911

320

Paragraph 51H(2)(b)

After “office”, insert “or position”.

321

Paragraph 51K(1)(a)

After “office”, insert “or position”.

Commonwealth Legal Aid Act 1977

322

Part IV

Repeal the Part.

Commonwealth Serum Laboratories Act 1961

323

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”.

324

Subsection 19X(2)

Repeal the subsection.

Commonwealth Services Delivery Agency Act 1997

1. 325

   Section 3 (paragraph (a) of the definition of principal officer)

   Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

326

Subsection 35(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

327

Subsection 35(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

   2. (b)

      the Chief Executive Officer is the Head of that Statutory Agency.

Commonwealth Superannuation Board Act 1999

1. 328

   Subsection 23(10) (paragraph (c) of the definition of agency)

   Repeal the paragraph, substitute:

   1. (c)

      an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or

2. 329

   Subsection 24(10) (paragraph (c) of the definition of agency)

   Repeal the paragraph, substitute:

   1. (c)

      an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or

Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997

330

Section 7

Repeal the section, substitute:

7Registrar

1. (1)

   There is to be a position in the Department whose duties include the general control of the register.

2. (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

331

Paragraph 41(1)(c)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

332

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

333

Paragraph 102(6)(a)

Omit “officer of the Australian Public Service”, substitute “APS employee”.

334

Subsection 113(1)

Omit “officer of the Australian Public Service”, substitute “APS employee”.

335

Subsection 113(7)

Omit “officer of the Australian Public Service”, substitute “APS employee”.

Construction Industry Reform and Development Act 1992

336

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

337

Paragraph 5(c)

Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.

Copyright Act 1968

338

Subsection 170(2)

Omit “Public Service Act 1922‑1968”, substitute “Public Service Act 1999”.

Corporate Law Economic Reform Program Act 1999

339

Item 11 of Schedule 5 (new subsection 27A(2))

Omit “officer or employee within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Council for Aboriginal Reconciliation Act 1991

340

Subsection 20(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

341

Section 26

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

342

Paragraph 29(1)(c)

Repeal the paragraph, substitute:

1. (c)

   an SES employee or acting SES employee.

Crimes Act 1914

1. 343

   Subsection 3(1) (paragraph (a) of the definition of Commonwealth officer)

   Repeal the paragraph, substitute:

   1. (a)

      a person appointed or engaged under the Public Service Act 1999;

2. 344

   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”.

345

Subsection 21F(3)

Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.

346

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”.

347

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”.

348

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

1. 349

   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”.

2. 350

   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”.

351

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

352

Subsection 19(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

CSL Sale Act 1993

1. 353

   Subsection 44(3) (paragraph (b) of the definition of authorised person)

   Repeal the paragraph, substitute:

   1. (b)

      an SES employee, or acting SES employee, in that Department.

2. 354

   Subsection 47(4) (paragraph (c) of the definition of authorised person)

   Repeal the paragraph, substitute:

   1. (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

1. 355

   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

356

Subsection 9(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

357

Subsection 15(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

358

Subsection 15(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and

   2. (b)

      the CEO is the Head of that Statutory Agency.

Dairy Produce Act 1986

359

Paragraph 109C(b)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

360

Clause 1 of the Schedule (definition of designated group)

Repeal the definition, substitute:

designated group means any of the following classes of persons:

1. (a)

   members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;

2. (b)

   persons who have migrated to Australia and whose first language is not English, and the children of such persons;

3. (c)

   persons with a physical or mental disability.

Debits Tax Administration Act 1982

361

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”.

Defence Act 1903

362

Paragraph 58B(1A)(a)

Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.

363

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”.

364

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”.

365

Subsection 123(2)

Omit “officer within the meaning of the Public Service Act 1922”, substitute “APS employee”.

366

Subparagraph 123(2)(a)(i)

Omit “officer or employee within the meaning of that Act”, substitute “APS employee”.

367

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

368

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

369 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

370

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

1. 371

   Subsection 3(1) (definition of designated office in the Department)

   Repeal the definition.

372

Subsection 3(1)

Insert:

designated position in the Department means a position in the Department that:

1. (a)

   is designated, in writing, by the Minister for the purposes of section 60; and

2. (b)

   is occupied by an SES employee or acting SES employee.

373

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”.

374

Subparagraph 41(4)(e)(i)

Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999 and”.

375

Subparagraph 41(4)(e)(ii)

Omit “officers of the Australian Public Service”, substitute “those persons”.

376

Subsection 51(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

377

Paragraph 57(1)(a)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

378

Subsections 57(2) and (3)

Repeal the subsections, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Managing Director and the APS employees assisting the Managing Director together constitute a Statutory Agency; and

   2. (b)

      the Managing Director is the Head of that Statutory Agency.

379

Subsections 60(1) and (2)

Omit “designated office”, substitute “designated position”.

380

Subsection 60(4)

Omit “designated office” (wherever occurring), substitute “designated position”.

Defence Service Homes Act 1918

381

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)”.

382

Subsection 23J(2)

Omit “or officer” (wherever occurring), substitute “or public servant”.

Defence (Special Undertakings) Act 1952

1. 383

   Section 4 (paragraph (a) of the definition of Commonwealth officer)

   Repeal the paragraph, substitute:

officer means a person appointed or engaged under the Public Service Act 1999.

Stevedoring Levy (Collection) Act 1998

838

Subsection 17(1)

Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.

839

Subsection 17(2)

Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.

840

Subsection 17(3)

Repeal the subsection.

Student Assistance Act 1973

841

Subsection 3(1) (definition of employee)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Superannuation Act 1976

842

Subsection 3(1)

Insert:

APS Agency means an Agency within the meaning of the Public Service Act.

843

Subsection 3(1)

Insert:

APS employee has the same meaning as in the Public Service Act.

844

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:

1. (a)

   a part‑time employee who is not an approved part‑time employee; or

2. (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.

845

Subsection 3(1) (definition of Public Service Act)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

846

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:”.

847

Subsection 3C(2) (definition of Department)

Repeal the definition, substitute:

Department means:

1. (a)

   an APS Agency; or

2. (b)

   a Department of the Parliament.

848

Paragraph 14A(1)(a)

Repeal the paragraph, substitute:

1. (a)

   is a person to whom Division 2 or 3 of the Public Service Act 1922 applied immediately before the time (the repeal time) when that Act was repealed and who:

   1. (i)

      during the transitional period (within the meaning of Part 3 of the PublicEmployment (Consequential and Transitional) Amendment Act 1999) continues in eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time); or

   2. (ii)

      after the end of that transitional period, continues in the same eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time) in which the person was engaged immediately before the end of that transitional period;

849

Paragraph 14A(1)(c)

Repeal the paragraph.

850

Paragraph 14A(1)(d)

Repeal the paragraph, substitute:

1. (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:

   1. (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

   2. (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

851

Subsection 14A(1A)

Omit “(1)(a), (b), (c) or (d)”, substitute “(1)(b) or (d)”.

852

Paragraph 14A(1A)(a)

Omit “(1)(a) or (b)”, substitute “(1)(b)”.

853

Paragraph 14A(1A)(b)

Omit “(1)(c) or (d)”, substitute “(1)(d)”.

854

Subsection 14A(1B) (paragraphs (a) and (b) of the definition of previous relevant employment)

Repeal the paragraphs, substitute:

1. (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

2. (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.

855

Subsection 14A(2)

Omit “a person to whom Division 2 or 3 of Part IV of the Public Service Act applies or”.

856

Subsection 14A(5)

Omit “Public Service Act”, substitute “Public Service Act 1922”.

857

Paragraph 14A(6)(a)

Repeal the paragraph, substitute:

1. (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

858

Subsection 14A(6)

Omit “re‑appointment, declaration or reinstatement” (wherever occurring), substitute “re‑appointment or reinstatement”.

859

Section 16A

Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.

860

Subsection 21(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

861

Subsection 26(1)

Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.

862

Subsection 26(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and

   2. (b)

      the Commissioner is the Head of that Statutory Agency.

863

Subparagraph 51(2)(f)(i)

Repeal the subparagraph, substitute:

1. (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

864

Subsection 57B(1) (paragraphs (a), (b) and (c) of the definition of fixed‑term employee)

Repeal the paragraphs, substitute:

1. (a)

   a person appointed under section 51 of the Public Service Act; or

2. (b)

   an APS employee on a fixed term; or

865

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”.

866

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”.

867

Subsection 57B(3)

Omit “Public Service Act”, substitute “Public Service Act 1922”.

868

Paragraph 58(3)(aa)

Repeal the paragraph, substitute:

1. (aa)

   in the case of an SES employee—the person retires under section 37 of the Public Service Act;

869

Paragraph 58(3)(b)

Repeal the paragraph, substitute:

1. (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;

870

Paragraph 58(3)(e)

Repeal the paragraph.

871

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”.

872

Paragraph 58(3)(g)

Repeal the paragraph.

873

Paragraph 58(3)(h)

Omit “otherwise than under the Public Service Act,”.

874

Subparagraph 58A(1)(c)(i)

Repeal the subparagraph, substitute:

1. (i)

   was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or

875

Subparagraph 58B(1)(c)(i)

Repeal the subparagraph, substitute:

1. (i)

   was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or

876

Section 120

Repeal the section, substitute:

120Persons to whom Part applies

This Part applies to a person if:

1. (a)

   the person ceased to be an eligible employee because he or she has voluntarily terminated his or her employment in order to become:

   1. (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

   2. (ii)

      a candidate in an election that is prescribed under the Public Service Act for the purposes of section 32 of that Act; and

2. (b)

   the termination took effect not earlier than 6 months before the day on which nominations for the election closed.

877

Subsection 125(3)

Omit “section 47C of the Public Service Act”, substitute “this section”.

878

Subparagraph 159(1)(b)(i)

Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.

879

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”.

880

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,”.

881

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”.

882

Section 244

Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.

Superannuation Act 1990

883

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.

884

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”.

885

Subsection 3AA(2) (definition of Department)

Repeal the definition, substitute:

Department means:

1. (a)

   an Agency within the meaning of the Public Service Act 1999; or

2. (b)

   a Department of the Parliament.

886

Paragraph 6(1)(h)

Repeal the paragraph, substitute:

1. (h)

   a person to whom Division 2 or 3 of the Public Service Act 1922 applied immediately before the time (the repeal time) when that Act was repealed and who:

   1. (i)

      during the transitional period (within the meaning of Part 3 of the PublicEmployment (Consequential and Transitional) Amendment Act 1999) continues in eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time); or

   2. (ii)

      after the end of that transitional period, continues in the same eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time) in which the person was engaged immediately before the end of that transitional period;

887

Subparagraph 19(1)(b)(i)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

888

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”.

889

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

1. 890

   Subsection 3(1) (definition of overseas employee)

   Omit “section 82AF of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.

891

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

1. 892

   Subsection 32(1) (paragraph (b) of the definition of person to whom this section applies)

   Repeal the paragraph, substitute:

   1. (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

893

Section 36

Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

894

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 Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997

1. 895

   Subsection 28(1) (paragraph (b) of the definition of person to whom this section applies)

   Repeal the paragraph, substitute:

   1. (b)

      a person engaged under the Public Service Act 1999 in the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head; or

896

Section 29

Omit “a person who is an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.

897

Section 38 (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 Guarantee (Administration) Act 1992

1. 898

   Subsection 5(5) (paragraph (c) of the definition of Commonwealth Department)

   Repeal the paragraph, substitute:

   1. (c)

      an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999.

2. 899

   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”.

3. 900

   Subsection 45(1) (paragraph (b) of the definition of person to whom this section applies)

   Repeal the paragraph, substitute:

   1. (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

1. 901

   Subsection 10(1) (paragraph (c) of the definition of taxation officer)

   Repeal the paragraph, substitute:

   1. (c)

      a person engaged under the Public Service Act 1999, or an officer or employee of an authority of the Commonwealth, performing duties in the Australian Taxation Office; or

Superannuation (Productivity Benefit) Act 1988

902

Subsection 3(1) (definition of Department)

Repeal the definition, substitute:

Department means:

1. (a)

   an Agency within the meaning of the Public Service Act 1999; or

2. (b)

   a Department of the Parliament.

903

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.

904

Subsection 3(1) (definition of Public Service Act)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

905

Subsection 3(1) (paragraph (a) of the definition of qualified employee)

Repeal the paragraph.

906

Subsection 3(1) (paragraph (b) of the definition of qualified employee)

Repeal the paragraph, substitute:

1. (b)

   a person employed by the Commonwealth; or

907

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

908

Subsection 51(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

909

Subsection 62(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

Sydney Airport Demand Management Act 1997

910

Paragraph 71(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee in the Department;

Taxation Administration Act 1953

911

Section 2 (definition of officer)

Repeal the definition, substitute:

officer means a person appointed or engaged under the Public Service Act 1999.

912

After section 4

Insert:

4AStatutory Agency etc. for purposes of Public Service Act

1. (1)

   The staff necessary to assist the Commissioner are to be persons engaged under the Public Service Act 1999.

2. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and

   2. (b)

      the Commissioner is the Head of that Statutory Agency.

913

Subsection 5(3)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

914

Subsection 6(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

915

Subsection 13D(1) (paragraph (a) of the definition of officer)

Repeal the paragraph, substitute:

1. (a)

   a person appointed or engaged under the Public Service Act 1999; or

Telecommunications Act 1997

916

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”.

917

Subsection 347(3) (definition of Senior Executive Service office)

Repeal the definition.

Telecommunications (Interception) Act 1979

1. 918

   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

919

Paragraph 25(1)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee, or acting SES employee, in the Department;

920

Subsection 25(3)

Repeal the subsection.

921

Paragraph 35(1)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee, or acting SES employee, in the Department;

922

Subsection 35(3)

Repeal the subsection.

Telstra Corporation Act 1991

1. 923

   Section 3 (definition of Senior Executive Service office)

   Repeal the definition.

2. 924

   Subsection 8AW(6) (paragraph (c) of the definition of associated person)

   Repeal the paragraph, substitute:

   1. (c)

      a person appointed or engaged under the Public Service Act 1999; or

925

Paragraph 8BB(1)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee or acting SES employee whether or not in the Department;

926

Paragraph 8BB(2)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee or acting SES employee whether or not in the Department of Finance;

927

Paragraph 8CB(1)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee or acting SES employee whether or not in the Department;

928

Paragraph 8CB(2)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee or acting SES employee whether or not in the Department of Finance;

929

Paragraph 69(1)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee, or acting SES employee, in the Department;

930

Paragraph 70(1)(b)

Repeal the paragraph, substitute:

1. (b)

   an SES employee, or acting SES employee, in the Department;

931

Subsection 71(1)

Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.

Termination Payments Tax (Assessment and Collection) Act 1997

1. 932

   Subsection 23(1) (paragraph (b) of the definition of person to whom this section applies)

   Repeal the paragraph, substitute:

   1. (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

933

Section 24

Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

934

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”.

Textile, Clothing and Footwear Strategic Investment Program Act 1999

1. 935

   Subsection 52(6) (paragraph (a) of the definition of senior officer)

   Repeal the paragraph, substitute:

   1. (a)

      an SES employee, or acting SES employee, in the Department; or

Therapeutic Goods Act 1989

936

Subsection 6A(2)

Repeal the subsection, substitute:

1. (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.

937

Paragraph 57(1)(b)

Omit “another Department or of”.

938

After paragraph 57(1)(b)

Insert:

1. (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

939

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

940

Section 6 (definition of employee)

Repeal the definition, substitute:

employee means a person engaged under the Public Service Act 1999.

941

Section 6 (paragraph (a) of the definition of trade marks officer)

Repeal the paragraph.

942

Section 6 (paragraph (c) of the definition of trade marks officer)

Omit “(a) or”.

943

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

944

Subsection 12(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

945

Subsection 27(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

946

Subsections 27(2) and (3)

Repeal the subsections, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Chairperson of the Commission and the APS employees assisting the Chairperson together constitute a Statutory Agency; and

   2. (b)

      the Chairperson is the Head of that Statutory Agency.

947

Subsection 29G(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

948

Subsection 29M(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

949

Subsection 29M(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Council President and the APS employees assisting the Council President together constitute a Statutory Agency; and

   2. (b)

      the Council President is the Head of that Statutory Agency.

950

Subsection 44(3)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

951

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”.

952

Section 65T

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.

953

Section 10.80

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

954

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)”.

955

Subsection 170(2)

Omit “officer” (second and third occurring), substitute “public servant”.

Trade Representatives Act 1933

956

Section 4

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

957

Section 4

Omit “the Public Service Act 1922”, substitute “that Act”.

958

Subsection 10(2)

Omit “Commonwealth Public Service Act 1922‑1932 or of the Public Service Act 1922”, substitute “Public Service Act 1999”.

959

Paragraph 11(4)(a)

Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.

960

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

961

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

962

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

963

Subsection 89(3)

Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

964

Subsection 162(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

965

Section 172

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

966

Section 184

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

967

At the end of paragraphs 184(a), (b) and (c)

Add “and”.

968

Paragraph 184(d)

Omit “President; and”, substitute “President.”.

969

Paragraph 184(e)

Repeal the paragraph.

970

Subsection 186(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

971

Paragraph 193(1)(b)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

972

Section 196

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

973

Section 196T

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

974

Section 196ZM

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

975

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”.

976

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”.

977

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

978

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

979

Paragraph 7(a)

Repeal the paragraph, substitute:

1. (a)

   persons engaged under the Public Service Act 1999; or

Wildlife Protection (Regulation of Exports and Imports) Act 1982

980

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

1. 981

   Section 3 (paragraph (a) of the definition of relevant employee)

   Repeal the paragraph, substitute:

   1. (a)

      a person appointed or engaged under the Public Service Act 1999; or

982

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 Tax (Administration) Act 1964

983

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

1. 984

   Subsection 4(1) (paragraph (a) of the definition of public sector employment)

   Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

985

Subsection 26(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

986

Subsection 72(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

987

Subsection 83(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

988

Subsection 83(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes of the Public Service Act 1999:

   1. (a)

      the Industrial Registrar and the APS employees assisting the Industrial Registrar together constitute a Statutory Agency; and

   2. (b)

      the Industrial Registrar is the Head of that Statutory Agency.

989

Section 83BD

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

990

Subsection 83BL(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

991

Paragraph 84(2)(a)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

992

Subsection 84(3)

Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.

993

Subsection 170CD(1) (paragraph (a) of the definition of Commonwealth public sector employee)

Repeal the paragraph, substitute:

1. (a)

   under the Public Service Act 1999; or

994

Section 170WK

Repeal the section, substitute:

170WKAWAs 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.

Workplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999

995

Subsection 2(9)

Omit “item 964 of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999”, substitute “the item of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999 dealing with section 170WK of the Workplace Relations Act 1996”.

[Minister’s second reading speech made in—

House of Representatives on 30 March 1999

Senate on 14 October 1999]

(66/99)