Administrative Arrangements Act 1987
Act No. 92 of 1987 as amended
[Note: This Act was repealed by Act No. 136 of 2012 on 22 September 2012
For saving provision see Act No. 136 of 2012, Schedule 7 (item 2)]
This compilation was prepared on 23 November 2007
taking into account amendments up to Act No. 146 of 1999
[Note: Section 20 ceased to have effect on 18 September 1988, see subsection 20(2)]
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
Part II—Amendment of Acts Interpretation Act 1901
Sections 3–8
Part III—Amendment of Public Service Act 1922
Sections 9–18
19 References in instruments to Secretaries
Part IV—Modification of Acts
20 Regulations modifying Acts
Schedule—Amendment of Public Service Act 1922 relating to the Board and the new Departmental structure
Notes
An Act to amend the Acts Interpretation Act 1901 and the Public Service Act 1922 in connection with certain administrative arrangements, and for related purposes
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Administrative Arrangements Act 1987.
2 Commencement [see Note 1]
(1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Part II shall be deemed to have come into operation on 24 July 1987.
Part II—Amendment of Acts Interpretation Act 1901
Sections 3–8
Note:
The amendments made by this Part are incorporated in the compilations on ComLaw.
Acts Interpretation Act 1901
For access to the wording of the amendments made by this Part see Act No. 92 of 1987.
Part III—Amendment of Public Service Act 1922
Sections 9–18
Note:
The amendments made by this Part are incorporated in the compilations on ComLaw.
Public Service Act 1922
[repealed by Act No. 146, 1999, Sch.1]
For access to the wording of the amendments made by this Part see Act No. 92 of 1987.
19 References in instruments to Secretaries
(1) The Secretary of a Department may, by written notice published in the Gazette, declare that references to the Secretary in a relevant instrument are to be, or are to include, references to an SES employee, or acting SES employee, in the Department who is specified in the notice.
(2) Where a Secretary makes a declaration under subsection (1) in relation to a relevant instrument, references to the Secretary in that instrument shall, as from the day of publication of the declaration in the Gazette or such later day as is specified in the declaration, be read as or include, as the case requires, references to the specified SES employee or acting SES employee.
(3) In this section:
Overview
The Administrative Arrangements Act 1987, enacted by the Australian Parliament, was designed to address the need for flexibility in the administrative arrangements of the Australian Government. This Act aimed to streamline and update the legislative framework by amending the Acts Interpretation Act 1901 and the Public Service Act 1922. Specifically, it allowed for modifications to legal instruments and departmental structures in response to the administration of multiple departments by a single Minister or a department being administered by multiple Ministers. The policy objective was to facilitate efficient governance by providing the necessary regulatory adjustments to accommodate changing administrative needs.
This Act, which came into operation on the day of Royal Assent, included provisions for the Governor-General to make regulations modifying Acts as necessary. Part II of the Act, however, commenced on 24 July 1987. The Administrative Arrangements Act 1987 was repealed by the Administrative Arrangements (Transitional Provisions) Act 2012, effective from 22 September 2012, with certain saving provisions noted in the repealing Act.
Scope and Application
The Administrative Arrangements Act 1987 applies to the Commonwealth of Australia and provides mechanisms to facilitate changes in the administrative arrangements of the government, particularly concerning the Acts Interpretation Act 1901 and the Public Service Act 1922. The Act enables the Secretary of a Department to designate Senior Executive Service (SES) employees or acting SES employees to be referred to as the Secretary in certain instruments, ensuring that administrative functions can continue smoothly even when the specific Secretary is not named. Additionally, the Act allows for the modification of Acts through regulations to accommodate situations where a Minister administers multiple Departments or where a Department is administered by multiple Ministers. This Act's jurisdictional reach is confined to the Commonwealth level and it has been repealed as of 22 September 2012, with specific saving provisions detailed in the Act that replaced it. The Act also includes provisions for the Governor-General to make regulations modifying Acts for up to one year after its commencement.
Key Provisions
- The Administrative Arrangements Act 1987 primarily focuses on amending the Acts Interpretation Act 1901 and the Public Service Act 1922. It includes specific provisions that alter administrative arrangements, particularly concerning the roles and responsibilities within departments and the government. Section 19 of the Act allows the Secretary of a Department to declare, via a written notice in the Gazette, that references to the Secretary in certain instruments should be interpreted as referring to a specified Senior Executive Service (SES) employee or acting SES employee. This provision is intended to clarify and streamline administrative processes by identifying specific individuals in key roles (Section 19(1)).
- The Act imposes obligations on the Secretary of a Department to publish such declarations in the Gazette, ensuring transparency and clarity in administrative instruments (Section 19(2)). Furthermore, the Governor-General is empowered to make regulations necessary for modifications in Acts due to a Minister administering multiple Departments or a Department being administered by multiple Ministers (Section 20). These regulations aim to address any administrative complexities that may arise from such arrangements.
- Breaches of the provisions outlined in the Act may lead to legal consequences, although specific offences, penalties, or consequences are not detailed within the text of the Act itself. The overarching principle is that adherence to the Act's provisions is necessary to maintain the integrity and efficiency of administrative processes. Given the repealed nature of the Act, the specific legal consequences for non-compliance would need to be examined within the context of any successor legislation or relevant legal frameworks in place at the time of potential breach.
- Area of Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Regulatory Standards
