Public Sector Management (Transitional Provisions) Regulation 2018 (ACT)

Case

Public Sector Management (Transitional Provisions) Regulation 2018 (repealed)   

SL2018-10

made under the

Public Sector Management Act 1994

Republication No 2

Effective:  2 September 2021

Republication date: 2 September 2021

Regulation expired 1 September 2021 (see s 4 and endnote 3)

About this republication

The republished law

This is a republication of the Public Sector Management (Transitional Provisions) Regulation 2018 (repealed), made under the Public Sector Management Act 1994, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 September 2021. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Public Sector Management (Transitional Provisions) Regulation 2018 (repealed)

    made under the

    Public Sector Management Act 1994

    Contents

    Page

    1            Name of regulation  2

    3            Modification of Act, pt 18—Act, s 299 (2)  2

    4            Expiry  4

    Endnotes

    1            About the endnotes  5

    2            Abbreviation key  5

    3            Legislation history  6

    4            Amendment history  6

    5            Earlier republications  6

    Public Sector Management (Transitional Provisions) Regulation 2018 (repealed)

    made under the

    Public Sector Management Act 1994

    1. Name of regulation

      This regulation is the Public Sector Management (Transitional Provisions) Regulation 2018 (repealed).

    2. Modification of Act, pt 18—Act, s 299 (2)

      The Act, part 18 applies as if the following section were inserted:

    ‘293AConsecutive engagement of head of service, directors‑general and executives

    (1)The engager may engage a pre-amendment executive, after the pre-amendment executive’s current engagement has ended, as an SES member (a consecutive engagement) if—

    (a)the engager is satisfied that during the pre-amendment executive’s current engagement, the pre-amendment executive met all expectations set out in the pre-amendment executive’s approved performance agreement; and

    (b)there will be no working day between the pre-amendment executive’s current engagement and the first day of the pre‑amendment executive’s consecutive engagement.

    (2)The classification for the consecutive engagement must be—

    (a)if the current engagement of the pre-amendment executive is at a classification in table 293A, column 2—at the SES classification in table 293A, column 3 that corresponds with the classification in the table, column 2; or

    (b)if the current engagement of the pre-amendment executive is at a classification in table 293A, column 3—at the same classification.

    Table 293A    Classifications for consecutive engagements

    column 1

    item

    column 2

    pre-amendment executive classification

    column 3

    SES classification

    1 1.1 1.2
    2 1.2 1.3
    3 1.3 1.4
    4 2.4 2.2
    5 2.5 2.3
    6 2.6 2.4
    7 3.7 3.2
    8 3.8 3.3
    9 3.9 3.4
    10 3.10 4.2
    11 3.11 4.3
    12 3.12 4.4

    (3)In this section:

    pre-amendment executive means a person who was engaged immediately before the commencement day under 1 of the following provisions of the pre-amendment Act:

    (a)section 23C (Head of service—engagement);

    (b)section 28 (Directors-general—engagement);

    (c)section 72 (Executives—engagement).

    1. Expiry

      This regulation expires on the day the Public Sector Management Act 1994, part 18 expires.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      Public Sector Management (Transitional Provisions) Regulation 2018 SL2018-10

      notified LR 27 June 2018
      s 1, s 2 commenced 27 June 2018 (LA s 75 (1))
      remainder commenced 28 June 2018 (s 2)

      NoteRegulation exp 1 September 2021 (s 4 and see Public Sector Management Act 1994 A1994-37, s 300)

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    28 June 2018
    28 June 2018–
    1 Sept 2021
    not amended new regulation
    Actions
    Download as PDF Download as Word Document


    Cases Citing This Decision

    0

    Cases Cited

    0

    Statutory Material Cited

    0