Public Service Act (No. 2) 1973

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Public Service Act (No. 2) 1973

No. 71 of 1973

 

AN ACT

To amend the Public Service Act 1922–1972 as amended by the Public Service Act 1973

[Assented to 18 June 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Public Service Act (No. 2) 1973.

(2) The Public Service Act 1922–1972, as amended by the Public Service Act 1973, is in this Act referred to as the Principal Act.

(3) Section 1 of the Public Service Act 1973 is amended by omitting sub-section (2).

(4) The Principal Act, as amended by this Act, may be cited as the Public Service Act 1922–1973.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Performance of duties of officer in absence.

3. Section 88 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2) Where an office referred to in sub-section (1) is an office in a Department, an officer temporarily performing the duties of that office under this Act may perform or exercise any duty, obligation, right or power that he would have been able to perform or exercise if the Governor-General had given a direction to him under sub-section (1) in relation to that office.”.

Second and Third Schedules.

4. The Second and Third Schedules to the Principal Act are repealed and the Schedules set out in Schedule 1 are substituted.

Formal amendments.

5. The Principal Act is amended as set out in Schedule 2.

 


SCHEDULE 1 Section 4

SCHEDULES TO BE INSERTED IN THE PRINCIPAL ACT

 

SCHEDULE 2 Sections 7 and 10

Departments

The Department of the Senate

The Department of the House of Representatives

The Department of the Parliamentary Library

The Department of the Parliamentary Reporting Staff

The Joint House Department

The Department of Aboriginal Affairs

The Department of Air

The Department of the Army

The Attorney-General’s Department

The Department of the Capital Territory

The Department of Civil Aviation

The Department of Customs and Excise

The Department of Defence

The Department of Education

The Department of the Environment and Conservation

The Department of External Territories

The Department of Foreign Affairs

The Department of Health

The Department of Housing

The Department of Immigration

The Department of Labour

The Department of the Media

The Department of Minerals and Energy

The Department of the Navy

The Department of Northern Development

The Department of the Northern Territory

The Department of Overseas Trade

The Postmaster-General’s Department

The Department of Primary Industry

The Department of the Prime Minister and Cabinet

The Repatriation Department

The Department of Science

The Department of Secondary Industry

The Department of Services and Property

The Department of Social Security

The Department of the Special Minister of State

The Department of Supply

The Department of Tourism and Recreation

The Department of Transport

The Department of the Treasury

The Department of Urban and Regional Development

The Department of Works

 


Schedule 1—continued

SCHEDULES TO BE INSERTED IN THE PRINCIPAL ACT—continued

 

SCHEDULE 3 Section 25

Permanent Heads of Departments

The Clerk of the Senate

The Clerk of the House of Representatives

The Parliamentary Librarian

The Principal Parliamentary Reporter

The Secretary of the Joint House Department

The Secretary to the Department of Aboriginal Affairs

The Secretary to the Department of Air

The Secretary to the Department of the Army

The Secretary to the Attorney-General’s Department

The Secretary to the Department of the Capital1 Territory

The Director-General of Civil Aviation

The Comptroller-General of Customs

The Secretary to the Department of Defence

The Secretary to the Department of Education

The Secretary to the Department of the Environment and Conservation

The Secretary to the Department of External Territories

The Secretary to the Department of Foreign Affairs

The Director-General of Health

The Secretary to the Department of Housing

The Secretary to the Department of Immigration

The Secretary to the Department of Labour

The Secretary to the Department of the Media

The Secretary to the Department of Minerals and Energy

The Secretary to the Department of the Navy

The Secretary to the Department of Northern Development

The Secretary to the Department of the Northern Territory

The Secretary to the Department of Overseas Trade

The Director-General of Posts and Telegraphs

The Secretary to the Department of Primary Industry

The Secretary to the Department of the Prime Minister and Cabinet

The office under the Repatriation Act 1920–1973 of Chairman of the Repatriation Commission

The Secretary to the Department of Science

The Secretary to the Department of Secondary Industry

The Secretary to the Department of Services and Property

The Director-General of Social Services

The Secretary to the Department of the Special Minister of State

The Secretary to the Department of Supply

The Secretary to the Department of Tourism and Recreation

The Secretary to the Department of Transport

The Secretary to the Department of the Treasury

The Secretary to the Department of Urban and Regional Development

The Director-General of Works

 


SCHEDULE 2 Section 5

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter or letters, to identify a section of that Act or of another Act, and substituting that number expressed in figures:—

Sections 7(1) (definitions of “Chief Officer”, “National Service”, “Returned Soldier”, “Selection Test”, “The Commonwealth Service” and “the prescribed educational qualification”), 24(5), 25(4a), 31(3), 36(1), 38(1), 40(2) and (3), 46(3), 47a(2) and (4), 47aa, 47b(4), 48(3), 48aa(1), 50(7a), 53a(1), 53b(5), 53c(5), 54b(6) and (7), 54c, 68(3) and (12), 68d, 68e(1), 68f(1), 70(2), 72(5), 72aa, 75a(1), 76(10), 81a (definition of “State employee”), 81d(2), 81f(1), 81g, 81j, 81k(2), 81l (definition of “State employee”), 81p(2), 81r(1), 81v(2), 81y (definition of “employee”), 81z(1), 81zc (definition of “employee”), 81zd(1) and (2), 81zg(1) and (4), 81zh (definitions of “classified office”, “employee”, “the date of transfer” and “transferred work”), 81zj(1), 82(13), 82aa(1), (2) and (8), 82a and 97(1)(q).

2. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “to this Act”, “of this section” or “of this sub-section” (wherever occurring):—

Section 7(1)(definitions of “Chief Officer”, “Selection Test”, “The Commonwealth Service” and “the prescribed educational qualification”), 8a(3), 9(8), 24(5), 25(7), 29(5), 31(3), 36(1), 40(2) and (3), 45(4) and (5), 46(3), 47a(2), 47aa, 48(3), 50(5), (7a), (8d), (8f) and (13), 53a(1) and (3), 53b(4) and (5), 53c(4) and (5), 54(4), (5), (6), (7) and (8), 54b(3), (4) and (7), 54c, 55(5)(c), (8) and (9a), 68(8) and (12), 68e(1), 68f (definition of “salary”), 70(2), 72(5), 72aa(1), 73(2), 74(3a) and (4), 76(3) and (10), 81d(2), 81f(1), 81j, 81k(2), 81p(2), 81r(1), 81y (definition of “employee”), 81zc (definition of “employee”), 81zg(1) and (5), 82(4), (11) and (13), 82aa(2), (3) and (5) and 97(1)(q).


Schedule 2—continued

3. The Principal Act is further amended as set out in the following table:—

Provision

Amendment

Section 4..............

Omit “the First Schedule to this Act substitute “Schedule 1”.

Section 7(1) (definition of “Department”)

Omit “the Second Schedule to this Act”, substitute “Schedule 2”.

Section 7(1) (definition of “Returned soldier”)

Omit “the eleventh day of November, One thousand nine hundred and eighteen”, substitute “11th November, 1918,”.

Section 7(1) (definition of “The War”)

Omit “the fourth day of August, One thousand nine hundred and fourteen”, substitute “4th August, 1914”.

Section 7a.............

Omit “the Second Schedule” (wherever occurring), substitute “Schedule 2”.

Section 10.............

Omit “the Second Schedule to this Act”, substitute “Schedule 2”.

Section 25(1)...........

Omit “the Third Schedule to this Act”, substitute “Schedule 3”.

Section 34(d)...........

Omit “the Fourth Schedule to this Act”, substitute “Schedule 4”.

Section 50(6c)..........

Omit “the Sixth Schedule to this Act”, substitute “Schedule 6”,

Section 55(1)(g).........

Omit “the Fourth Schedule to this Act”, substitute “Schedule 4”.

Section 55(7)...........

Omit “the Fifth Schedule to this Act”, substitute “Schedule 5”.

Section 68(6)...........

Omit “the first day of January, One thousand nine hundred and sixty-seven,”, substitute “1st January, 1967,”.

Section 68(7)...........

Omit “the first day of January, One thousand nine hundred and sixty-six,”(wherever occurring), substitute “1st January, 1966,”.

Section 68a(1)..........

Omit “the first day of January, One thousand nine hundred and sixty-seven,” (wherever occurring), substitute “1st January, 1967,”.

Section 71a(4)..........

Omit “the thirtieth day of June, One thousand nine hundred and sixty-five”, substitute “30th June, 1965”.

Section 75a(1)..........

Omit “the twelfth day of June, One thousand nine hundred and forty-one,”, substitute “12th June, 1941,”.

Section 81a (definition of “State employee”)

Omit “the thirty-first day of January, One thousand nine hundred and forty-two”, substitute “31st January, 1942”.

Section 81j.............

Omit “the nineteenth day of July, One thousand nine hundred and sixteen,”, substitute “19th July, 1916,”,

Section 81l (definition of “State employee”)(a)(iii)

(a) Omit “the first day of September, One thousand nine hundred and forty-two”, substitute “1st September, 1942”,

 

(b) Omit “the thirty-first day of August, One thousand nine hundred and forty-two,”, substitute “31st August, 1942,”.

Section 81r.............

Omit “the first day of July, One thousand nine hundred and forty-six,”, substitute “1st July, 1946.”.

Section 82(9) and (10).....

Omit “the Fourth Schedule to this Act”, substitute “Schedule 4”.

Schedules.............

(a) Omit “SCHEDULES.”.

 

(b) Omit “FIRST SCHEDULE.”, substitute “SCHEDULE 1”.

 

(c) Omit “FOURTH SCHEDULE.”, substitute “SCHEDULE 4”.

 

(d) Omit “FIFTH SCHEDULE.”, substitute “SCHEDULE 5”.

 

(e) Omit “SIXTH SCHEDULE.”, substitute “SCHEDULE 6”.

 

Overview

The Public Service Act (No. 2) 1973, enacted in 1973, amends the Public Service Act 1922–1972, addressing gaps and updating provisions in the existing framework governing the Australian Public Service. The Act was introduced by the Queen, the Senate, and the House of Representatives of Australia, aiming to streamline and modernise the administrative processes within the public service by incorporating formal amendments and updating schedules. The policy objective is to enhance the efficiency and effectiveness of the public service by ensuring that the legislative language remains current and the definitions and references are accurate and up-to-date. This legislative action ensures that the public service operates within a coherent and legally sound framework, facilitating better governance and service delivery.

Scope and Application

The Public Service Act (No. 2) 1973 is an amendment to the Public Service Act 1922–1972, aiming to further refine and update the provisions governing the public service in Australia. This Act applies to all Commonwealth public servants, encompassing both individuals and entities within the public service sector, and governs their duties, responsibilities, and conditions of service. The Act operates on a Commonwealth level, impacting all departments and agencies listed in the schedules, including but not limited to the Department of the Army, the Department of Defence, and the Department of Foreign Affairs. It also amends the formal structures and definitions within the Principal Act, making it a comprehensive update to the existing public service framework. Certain exclusions and exemptions may apply based on specific provisions detailed within the schedules of the Act, which list the various departments and their corresponding secretaries or directors. The Act extends its application through subordinate instruments, ensuring that its provisions are uniformly applied across all specified departments and roles.

Key Provisions

The Public Service Act (No. 2) 1973 primarily focuses on amending the Public Service Act 1922–1972, with several key provisions. Section 3 adds a sub-section to Section 88 of the Principal Act, allowing an officer temporarily performing the duties of an office in a Department to perform any duty, obligation, right, or power as if the Governor-General had directed them to do so. This amendment expands the scope of duties an officer can perform in a temporary capacity. Schedules 2 and 3 in the Act list the various Departments and their respective secretaries, clerks, and other officials, formalising their roles within the public service framework. The Act imposes several obligations and requirements on the parties it governs. It mandates that officers who temporarily assume the duties of specified offices can exercise the same powers and perform the same duties as if they had been formally appointed. Additionally, the Act requires the substitution of various schedules and references within the Principal Act to maintain consistency and clarity in the legislative framework. This includes updating definitions and references to align with the new schedules and sections provided. Failure to comply with the provisions of the Public Service Act (No. 2) 1973 may lead to legal consequences. While the Act itself does not explicitly detail offences, penalties, or civil/criminal consequences for breaches, any non-compliance could potentially result in administrative actions or legal disputes under the broader Public Service Act 1922–1972. The penalties for breaches of the broader act may include fines or other sanctions as prescribed by relevant laws. It is essential for officers and departments to adhere strictly to the Act's provisions to avoid any adverse outcomes.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.