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:
24P Statutory Agency etc. for purposes of Public Service
Act
For the purposes of the Public Service Act 1999:
- (a)
- the Registrar and the APS employees assisting the Registrar together
constitute a Statutory Agency; and
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (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:
- (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:
- (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:
- (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:
- (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
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:
- (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:
- (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:
- (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 19(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:
- (c)
- an SES employee, or acting SES employee, whether or not in the Department;
99 Paragraph 29(3)(d)
Repeal the paragraph, substitute:
- (c)
- an SES employee, or acting SES employee, whether or not in the Department;
Archives Act 1983
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:
- (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:
- (1A)
- For the purposes of the Public Service Act 1999:
- (a)
- the Auditor-General and the APS employees assisting the Auditor-General
together constitute a Statutory Agency; and
- (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:
- (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:
- (4)
- For the purposes of the Public Service Act 1999:
- (a)
- the Statistician and the APS employees assisting the Statistician together
constitute a Statutory Agency; and
- (b)
- the Statistician is the Head of that Statutory Agency.
Australian Capital Territory Government Service (Consequential
Provisions) Act 1994
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)
- 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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chief Executive and the APS employees assisting the Chief Executive
together constitute a Statutory Agency; and
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chair and the APS employees assisting the Chair together constitute a
Statutory Agency; and
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chairperson and the APS employees assisting the Chairperson together
constitute a Statutory Agency; and
- (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:
- (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.
- (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:
- (a)
- Part IV of the Public Service Act 1922;
- (b)
- Division 3 of Part IV of the Public Service Act 1922;
- (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
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".
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:
- (c)
- a person appointed or engaged under the Public Service Act 1999; or
188 Paragraph 34X(1)(c)
Repeal the paragraph, substitute:
- (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:
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Principal and the APS employees assisting the Principal together
constitute a Statutory Agency; and
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (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:
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (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
216 Subsection 67AZB(5) (paragraph (c) of the definition of
associated person)
Repeal the paragraph, substitute:
- (c)
- a person appointed or engaged under the Public Service Act 1999; or
217 Paragraph 67AZV(1)(c)
Repeal the paragraph, substitute:
- (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:
- (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:
- (5)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chief Executive Officer and the APS employees assisting the Chief
Executive Officer together constitute a Statutory Agency; and
- (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:
- (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:
- (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)
- The staff necessary to assist the CEO are to be persons engaged under the
Public Service Act 1999.
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the CEO and the APS employees assisting the CEO together constitute a
Statutory Agency; and
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Commission and the APS employees assisting the Commission together
constitute a Statutory Agency; and
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Convenor and the APS employees assisting the Convenor together
constitute a Statutory Agency; and
- (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
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:
- (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
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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (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(1)
Omit "a Department of the Commonwealth", substitute "an Agency (within the
meaning of the Public Service Act 1999)".
Australian Wool Research and Promotion Organisation Act 1993
278 Subsection 4(1) (definition of designated group)
Repeal the definition, substitute:
designated group means any of the following classes of persons:
- (a)
- members of the Aboriginal race of Australia or persons who are descendants
of indigenous inhabitants of the Torres Strait Islands;
- (b)
- persons who have migrated to Australia and whose first language is not
English, and the children of such persons;
- (c)
- persons with a physical or mental disability.
Bank Integration Act 1991
279 Subsection 5(1) (subparagraph (b)(ii) of the definition of
authorised person)
Repeal the subparagraph, substitute:
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chairperson and the APS employees assisting the Chairperson together
constitute a Statutory Agency; and
- (b)
- the Chairperson is the Head of that Statutory Agency.
Chemical Weapons (Prohibition) Act 1994
284 Paragraph 99(c)
Repeal the paragraph, substitute:
- (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:
- (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:
- (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:
- (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:
- (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:
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (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:
- (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
300 Subsection 20(5) (subparagraph (c)(i) of the definition of
authorised person)
Repeal the subparagraph, substitute:
- (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:
- (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:
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Electoral Commissioner and the APS employees assisting the Electoral
Commissioner together constitute a Statutory Agency; and
- (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:
- (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:
- (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:
- (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
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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chief Executive Officer and the APS employees assisting the Chief
Executive Officer together constitute a Statutory Agency; and
- (b)
- the Chief Executive Officer is the Head of that Statutory Agency.
Commonwealth Superannuation Board Act 1999
328 Subsection 23(10) (paragraph (c) of the definition of
agency)
Repeal the paragraph, substitute:
- (c)
- an Executive Agency, or Statutory Agency, within the meaning of the
Public Service Act 1999; or
329 Subsection 24(10) (paragraph (c) of the definition of
agency)
Repeal the paragraph, substitute:
- (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:
7 Registrar
- (1)
- There is to be a position in the Department whose duties include the
general control of the register.
- (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 1998
339 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:
- (c)
- an SES employee or acting SES employee.
Crimes Act 1914
343 Subsection 3(1) (paragraph (a) of the definition of Commonwealth
officer)
Repeal the paragraph, substitute:
- (a)
- a person appointed or engaged under the Public Service Act 1999;
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
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".
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
353 Subsection 44(3) (paragraph (b) of the definition of authorised
person)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in that Department.
354 Subsection 47(4) (paragraph (c) of the definition of authorised
person)
Repeal the paragraph, substitute:
- (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
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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the CEO and the APS employees assisting the CEO together constitute a
Statutory Agency; and
- (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:
- (a)
- members of the Aboriginal race of Australia or persons who are descendants
of indigenous inhabitants of the Torres Strait Islands;
- (b)
- persons who have migrated to Australia and whose first language is not
English, and the children of such persons;
- (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
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:
- (a)
- is designated, in writing, by the Minister for the purposes of section 60;
and
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Managing Director and the APS employees assisting the Managing
Director together constitute a Statutory Agency; and
- (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
383 Section 4 (paragraph (a) of the definition of Commonwealth
officer)
Repeal the paragraph, substitute:
- (a)
- a person appointed or engaged under the Public Service Act 1999;
Defence (Visiting Forces) Act 1963
384 Subsection 28(1)
Omit "an officer holding or performing the duties of a Senior Executive
Service office", substitute "an SES employee, or acting SES employee,".
Designs Act 1906
385 Subsection 8A(1)
Omit all the words after "any other Act", substitute "to a prescribed
person engaged under the Public Service Act 1999 in the Designs Office".
386 Subsection 8A(2)
Repeal the subsection.
Development Allowance Authority Act 1992
387 Subsection 103(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
388 Subparagraph 107(3)(c)(ii)
Omit "a person holding or performing the duties of a specified Senior
Executive Service office", substitute "an SES employee or acting SES employee
occupying a specified position".
389 Section 108
Omit "a person holding or performing the duties of a Senior Executive
Service office", substitute "an SES employee or acting SES employee".
Director of Public Prosecutions Act 1983
390 Subsection 20(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
391 Subsection 27(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
392 Subsection 27(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (b)
- the Director is the Head of that Statutory Agency.
393 Paragraph 31(1A)(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee.
Disability Discrimination Act 1992
394 Subsection 4(1) (paragraph (a) of the definition of Commonwealth
employee)
Repeal the paragraph, substitute:
- (a)
- is appointed or engaged under the Public Service Act 1999;
395 Subsection 4(1) (definition of Department)
Omit "has the same meaning as that expression has in the Public Service
Act 1922", substitute "means an Agency within the meaning of the Public
Service Act 1999".
396 Subsection 116(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
Disability Services Act 1986
397 Subsection 25(1A)
Omit "the Secretary of another Department", substitute "an Agency Head
(within the meaning of the Public Service Act 1999)".
398 Subsection 25(1B)
Repeal the subsection.
Education Legislation Amendment Act 1997
399 Item 31 of Schedule 1
Repeal the item.
Education Services for Overseas Students (Registration of Providers
and Financial Regulation) Act 1991
400 Section 17
Omit "officer of the Senior Executive Service", substitute "SES employee or
acting SES employee".
Employment, Education and Training Act 1988
401 Subsection 17(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
402 Paragraph 32(3)(a)
Omit "an officer or employee of the Australian Public Service", substitute
"a person appointed or engaged under the Public Service Act 1999".
403 Paragraphs 32(3)(b) and (c)
Omit "an officer or employee", substitute "a person".
404 Paragraph 32(3)(d)
Repeal the paragraph, substitute:
- (d)
- any person who from time to time occupies a particular position, or
performs particular duties, as a person appointed or engaged under the
Public Service Act 1999.
405 Subsection 32(3)
Omit "an officer or employee of the Australian Public Service", substitute
"a person appointed or engaged under the Public Service Act 1999".
406 Subsection 32(3)
Omit "such an officer or employee", substitute "such a person".
407 Subsection 32(3)
Omit "an officer or employee of the Australian Public Service", substitute
"a person appointed or engaged under the Public Service Act 1999".
408 Subsection 35C(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
409 Subsection 55(2)
Omit "an officer or employee of the Australian Public Service", substitute
"engaged under the Public Service Act 1999".
410 Section 56
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
411 Subsection 69(2)
Omit "subsection 25(6) of the Public Service Act 1922", substitute
"section 63 of the Public Service Act 1999".
Employment Services Act 1994
412 Subsection 83(2)
Omit "Subject to section 87E of the Public Service Act 1922, an",
substitute "An".
413 Subsection 98(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
414 Section 110
Repeal the section, substitute:
110 Staff of ESRA
- (1)
- The staff required for the purposes of ESRA are to be persons engaged
under the Public Service Act 1999.
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the ESRA Chief Executive Officer and the APS employees assisting the ESRA
Chief Executive Officer together constitute a Statutory Agency; and
- (b)
- the ESRA Chief Executive Officer is the Head of that Statutory Agency.
415 Subsection 111(2) (paragraph (a) of the definition of authority
of the Commonwealth)
Repeal the paragraph, substitute:
- (a)
- an Agency within the meaning of the Public Service Act 1999; or
Endangered Species Protection Act 1992
416 Subsection 4(1) (definition of Department)
Repeal the definition, substitute:
Department means an Agency (within the meaning of the Public
Service Act 1999).
417 Subsection 4(1) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head (within the meaning of the
Public Service Act 1999).
Environment Protection (Alligator Rivers Region) Act 1978
418 Section 8
Omit "appointed under the Public Service Act 1922", substitute
"engaged under the Public Service Act 1999".
419 Section 26
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
420 Paragraph 31(3)(a)
Omit "Permanent Head" (wherever occurring), substitute "Secretary".
421 Subsection 31(4)
Omit "Permanent Head", substitute "Secretary".
Environment Protection and Biodiversity Conservation Act 1999
422 Subsection 393(1)
Repeal the subsection, substitute:
- (1)
- The Secretary may make arrangements with an Agency Head (within the
meaning of the Public Service Act 1999), or with an authority of the
Commonwealth, for the performance or exercise of all or any of the functions or
powers of wardens and rangers under this Act or the regulations by officers or
employees in that Agency or authority, as the case may be.
423 Subsection 393(4)
Repeal the subsection, substitute:
- (4)
- The Director may make arrangements with an Agency Head (within the meaning
of the Public Service Act 1999), or with an authority of the
Commonwealth, for the performance or exercise of all or any of the functions or
powers of wardens and rangers under this Act or the regulations by officers or
employees in that Agency or authority, as the case may be.
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
424 Subsection 3(1) (definition of authority)
Repeal the definition, substitute:
authority means:
- (a)
- an incorporated or unincorporated body or authority established for a
public purpose:
- (i)
- by an Act or by regulations made under an Act; or
- (ii)
- by or under a law of a Territory (other than a law of the Australian
Capital Territory or the Northern Territory);
being a body whose staff consists of, or includes, persons who are not APS
employees; or
- (b)
- a company or other body corporate incorporated under a law of the
Commonwealth, of a State or of a Territory, being a company or body corporate
in which the Commonwealth has a controlling interest;
but does not include any of the following:
- (c)
- a relevant employer as defined in section 3 of the Affirmative Action
(Equal Employment Opportunity for Women) Act 1986;
- (d)
- the Australian Dairy Corporation;
- (e)
- the Australian Wool Research and Promotion Organisation.
425 Subsection 3(1) (definition of Board)
Repeal the definition.
426 Subsection 3(1) (definition of designated group)
Repeal the definition, substitute:
designated group means any of the following classes of persons:
- (a)
- members of the Aboriginal race of Australia or persons who are descendants
of indigenous inhabitants of the Torres Strait Islands;
- (b)
- persons who have migrated to Australia and whose first language is not
English, and the children of such persons;
- (c)
- persons with a physical or mental disability;
- (d)
- any other class of persons prescribed by the regulations for the purposes
of this definition.
427 Section 8
Repeal the section.
428 Paragraph 9(1)(b)
Omit "or the Board, as the case may be,".
429 Subsection 9(4)
Repeal the subsection, substitute:
- (4)
- If:
- (a)
- a relevant authority is required by an Act other than this Act to prepare
an annual report for presentation to the Parliament; and
- (b)
- the annual report is lodged with the responsible Minister within 3 months
after the end of the period to which a program report relates;
then the authority may, with the consent of the responsible Minister, include
that program report in the annual report.
430 Subsection 10(1)
Repeal the subsection, substitute:
- (1)
- The responsible Minister may, by notice in writing to a relevant
authority, require the authority to give the responsible Minister a special
report within the time specified in the notice.
431 Section 11
Repeal the section, substitute:
11 Minister may make recommendations
- (1)
- After considering a report lodged by a relevant authority under this Part,
the responsible Minister may make a recommendation in writing to the authority
regarding the action to be taken by the authority to improve the effectiveness
of its program.
- (2)
- If the authority does not concur in or adopt a recommendation made under
subsection (1), the authority must, within a reasonable time, inform the
responsible Minister in writing of the authority's reasons for not concurring
in or adopting the recommendation.
432 Subsection 12(1)
Repeal the subsection, substitute:
- (1)
- The responsible Minister for a relevant authority may give general
directions in writing to the authority about the performance of the authority's
obligations under this Act.
433 Sections 13 and 14
Repeal the sections.
Evidence Act 1995
434 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the
definition of Commonwealth agency)
Repeal the paragraph, substitute:
- (a)
- an Agency within the meaning of the Public Service Act 1999; or
435 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the
definition of Commonwealth entity)
Repeal the paragraph, substitute:
- (a)
- an Agency within the meaning of the Public Service Act 1999; or
436 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the
definition of Commonwealth record)
Repeal the paragraph, substitute:
- (a)
- an Agency within the meaning of the Public Service Act 1999; or
437 After clause 8 in Part 2 of the Dictionary
Insert:
8A References to offices etc.
In this Act:
- (a)
- a reference to a person appointed or holding office under or because of an
Australian law or a law of the Commonwealth includes a reference to an APS
employee; and
- (b)
- in that context, a reference to an office is a reference to the position
occupied by the APS employee concerned.
Excise Tariff Act 1921
438 Item 10 of the Schedule
Omit "Department of the Australian Public Service", substitute "an Agency
(within the meaning of the Public Service Act 1999)".
Family Law Act 1975
439 Subsection 4(1) (paragraph (b) of the definition of welfare
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".
440 Subsection 26JA(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
441 Subsection 37A(8)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
442 Subsection 37B(1)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
443 Subsection 37B(4)
Repeal the subsection, substitute:
- (4)
- An Agency Head (within the meaning of the Public Service Act 1999)
cannot take action under section 15 of the Public Service Act 1999
against the Principal Registrar, a Registrar or a Deputy Registrar unless such
action is requested by the Chief Judge.
444 Subsection 38G(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
445 Subsection 38N(4)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
446 Subsection 38N(5)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
447 Subsection 38N(6)
Omit "the Secretary of a Department of the Australian Public Service",
substitute "an Agency Head (within the meaning of the Public Service Act
1999)".
448 Subsection 38N(8)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
449 Section 38Q
Repeal the section, substitute:
38Q Statutory Agency etc. for purposes of Public Service
Act
For the purposes of the Public Service Act 1999:
- (a)
- the Chief Executive Officer and the APS employees assisting the Chief
Executive Officer together constitute a Statutory Agency; and
- (b)
- the Chief Executive Officer is the Head of that Statutory Agency.
450 Section 67H (subparagraphs (a)(i) and (ii) of the definition of
appropriate authority)
Repeal the subparagraphs, substitute:
- (i)
- is an SES employee or acting SES employee; or
- (ii)
- holds an office or position that is at a level equivalent to that of an
SES employee; or
451 Subsection 114G(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
452 Subsection 114M(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
453 Subsection 114M(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (b)
- the Director is the Head of that Statutory Agency.
454 Subsection 115(2)
Omit "officers of the Australian Public Service or", substitute "persons
appointed or engaged under the Public Service Act 1999, officers".
Federal Airports Corporation Act 1986
455 Subsection 3(1) (paragraph (a) of the definition of authority of
the Commonwealth)
Omit "or a Department of the Australian Public Service".
456 Subsection 3(1) (after paragraph (a) of the definition of
authority of the Commonwealth)
Insert:
- (aa)
- an Agency (within the meaning of the Public Service Act 1999); and
457 Subsection 17(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
458 Subsection 61(3)
Omit "the Secretary of a Department of the Australian Public Service",
substitute "an Agency Head (within the meaning of the Public Service Act
1999)".
459 Subsection 61(3)
Omit "a Department" (second occurring), substitute "an Agency".
460 Paragraphs 61(3)(a) and (b)
Omit "Department", substitute "Agency".
461 Paragraph 66(1)(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in the Department;
Federal Court of Australia Act 1976
462 Subsection 18AI(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
463 Subsection 18G(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
464 Subsection 18N(4)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
465 Subsection 18N(5)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
466 Subsection 18N(6)
Omit "the Secretary of a Department of the Australian Public Service",
substitute "an Agency Head within the meaning of the Public Service Act
1999".
467 Subsection 18N(6)
Omit "the Department", substitute "the Agency".
468 Subsection 18N(8)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
469 Section 18Q
Repeal the section, substitute:
18Q Statutory Agency etc. for purposes of Public Service
Act
For the purposes of the Public Service Act 1999:
- (a)
- the Registrar and the APS employees assisting the Registrar together
constitute a Statutory Agency; and
- (b)
- the Registrar is the Head of that Statutory Agency.
470 Subsection 35A(4)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
471 Subsection 37F(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
Federal Magistrates Act 1999
472 Subsection 99(1)
Repeal the subsection, substitute:
- (1)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chief Executive Officer and the APS employees assisting the Chief
Executive Officer together constitute a Statutory Agency; and
- (b)
- the Chief Executive Officer is the Head of that Statutory Agency.
473 Section 102
Repeal the section, substitute:
102 Arrangements relating to Commonwealth staff
The Chief Executive Officer may, on behalf of the Federal Magistrates Court,
arrange with:
- (a)
- an Agency Head (within the meaning of the Public Service Act 1999);
or
- (b)
- an authority of the Commonwealth;
for the services of officers or employees of the Agency or authority to be made
available for the purposes of the Federal Magistrates Court.
474 Section 103
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
475 Subsection 106(1)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
476 Subsection 108(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
477 Subsection 111(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
478 Subsection 114(2)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
479 Subclause 5(1) of Schedule 2
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
Film Licensed Investment Company Act 1998
480 Paragraph 44(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in the Department;
Financial Management and Accountability Act 1997
481 Section 5 (paragraph (b) of the definition of Chief
Executive)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
Financial Transaction Reports Act 1988
482 Subsection 3(1) (paragraph (c) of the definition of taxation
officer)
Omit "an officer or employee of the Australian Public Service", substitute
"a person appointed or engaged under the Public Service Act 1999 and".
483 Subsection 36B(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
484 Subsection 40(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
485 Subsection 40(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (b)
- the Director is the Head of that Statutory Agency.
Financial Sector Reform (Amendments and Transitional Provisions) Act
1998
486 Subsection 2(18)
Omit "Public Service Act 1998" (wherever occurring), substitute
"Public Service Act 1999".
487 Item 42 of Schedule 18
Omit "Public Service Act 1998", substitute "Public Service Act
1999".
First Home Owners Act 1983
488 Subsection 4(1) (definition of Secretary)
Repeal the definition.
Fisheries Management Act 1991
489 Subsection 137(4)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
490 Subsection 138(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
Foreign Evidence Act 1994
491 Subsection 26(3) (paragraph (a) of the definition of authorised
officer)
Repeal the paragraph, substitute:
- (a)
- who is an SES employee or acting SES employee in the Attorney-General's
Department; and
Forestry and Timber Bureau Act 1930
492 Subsection 3(3)
Repeal the subsection, substitute:
- (3)
- The Director-General and staff required for the purposes of this Act must
be engaged under the Public Service Act 1999.
Freedom of Information Act 1982
493 Division 1 of Part II of Schedule 2 (item relating to the National
Health and Medical Research Council)
Omit "officers, or employees, within the meaning of the Public Service
Act 1922", substitute "persons appointed or engaged under the Public
Service Act 1999".
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
494 Subsection 3(1) (paragraph (c) of the definition of
Department)
Repeal the paragraph, substitute:
- (c)
- an Executive Agency or Statutory Agency (within the meaning of the
Public Service Act 1999).
Fringe Benefits Tax Assessment Act 1986
495 Subsection 136(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act 1999.
Governor-General Act 1974
496 At the end of section 6
Add:
- (2)
- The Official Secretary, together with the staff employed under section 13,
constitute the Office of Official Secretary to the Governor-General.
- (3)
- The function of the Office is to assist the Governor-General.
497 Section 14
Repeal the section, substitute:
14 Remuneration and other conditions of employees
The remuneration and other conditions of employment of a person employed
under section 13 are as determined by the Official Secretary.
498 Section 16
Repeal the section.
499 Section 17
Repeal the section.
Great Barrier Reef Marine Park Act 1975
500 Subsection 13(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
501 Subsection 40(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
502 Subsections 40(2) and (3)
Repeal the subsections, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chairperson and the APS employees assisting the Chairperson together
constitute a Statutory Agency; and
- (b)
- the Chairperson is the Head of that Statutory Agency.
503 Subsection 42(2)
Omit "the Secretary of a Department of the Australian Public Service",
substitute "an Agency Head (within the meaning of the Public Service Act
1999)".
504 Subsection 42(2)
Omit "Department" (last occurring), substitute "Agency".
Hazardous Waste (Regulation of Exports and Imports) Act 1989
505 Paragraph 60(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in the Department.
Health Insurance Act 1973
506 Subsection 106ZB(1)
Omit "Subject to section 87E of the Public Service Act 1922, if",
substitute "If".
507 Section 106ZM
Repeal the section, substitute:
106ZM Staff
- (1)
- The staff necessary to assist the Director are to be persons engaged under
the Public Service Act 1999.
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (b)
- the Director is the Head of that Statutory Agency.
508 Subsection 130(5B) (paragraph (b) of the definition of authorised
officer)
Repeal the paragraph, substitute:
- (b)
- an APS employee in the Department.
Health Insurance Commission Act 1973
509 Subsection 3(1) (definition of Australian Public
Service)
Omit "Public Service Act 1922-1973", substitute "Public Service
Act 1999".
510 Subsection 23(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
High Court of Australia Act 1979
511 Subsection 22(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
512 Paragraph 25(3)(a)
Omit "with the concurrence of the Public Service Board,".
513 Subsection 26(6)
Omit "the Secretary of a Department of the Australian Public Service",
substitute "an Agency Head within the meaning of the Public Service Act
1999".
514 Subsection 26(6)
Omit "the Department", substitute "the Agency".
Horticultural Policy Council Act 1987
515 Subsection 25(1)
Omit "officers or employees of the Department", substitute "APS employees
in the Department".
Housing Assistance Act 1996
516 After paragraph 8(2)(e)
Insert:
- (ea)
- an Agency (within the meaning of the Public Service Act 1999);
517 Paragraph 8(2)(f)
Omit "the Commonwealth or".
518 Section 13
Omit "an officer of, or person employed in, the Australian Public Service",
substitute "a person appointed or engaged under the Public Service Act
1999".
Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act
1990
519 Section 26
Omit "an officer of the Department of Finance who holds a Senior Executive
Service office within the meaning of the Public Service Act 1922",
substitute "an SES employee, or acting SES employee, in the Department of
Finance".
Human Rights and Equal Opportunity Commission Act 1986
520 Subsection 39(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
521 Subsection 43(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
522 Subsection 43(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Commission and the APS employees assisting the Commission together
constitute a Statutory Agency; and
- (b)
- the Commission is the Head of that Statutory Agency.
523 Subsection 46F(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
Immigration (Education) Act 1971
524 Subsection 10(1)
Omit "an officer of the Public Service of the Commonwealth", substitute "a
person appointed or engaged under the Public Service Act 1999".
Income Tax Assessment Act 1936
525 Subsection 51AL(23)
Repeal the subsection, substitute:
- (23)
- The Industry Secretary may, by writing, delegate any or all of his or her
functions and powers under this section to a person in the Industry
Department:
- (a)
- who is an SES employee or an acting SES employee; or
- (b)
- whose classification level appears in Group 7 or 8 of Schedule 1 to the
Classification Rules under the Public Service Act 1999; or
- (c)
- who is acting in a position usually occupied by a person with a
classification level of the kind mentioned in paragraph (b).
526 Subsection 51AL(26) (definition of Senior Executive Service
office)
Repeal the definition.
527 Subsection 124K(1) (definition of Senior Executive Service
office)
Repeal the definition, substitute:
Senior Executive Service office means a position that is occupied
by an SES employee or acting SES employee.
528 Subsection 124ZADAA(1)
Omit "a person holding or performing the duties of a Senior Executive
Service office", substitute "an SES employee or acting SES employee".
529 Subsection 124ZADAA(2)
Repeal the subsection.
530 Section 159UX
Omit "a person holding or performing the duties of a Senior Executive
Service office", substitute "an SES employee or acting SES employee".
531 Section 159UX
Omit "In this section Senior Executive Service office has the
same meaning as in the Public Service Act 1922.".
Income Tax Assessment Act 1997
532 Section 34-65
Repeal the section, substitute:
34-65 Delegation of powers by Industry Secretary
The *Industry Secretary may, by writing, delegate any or all of
his or her functions and powers under this Division to a person in the
Department of Industry, Science and Tourism:
- (a)
- who holds or performs the duties of a *Senior Executive Service
office; or
- (b)
- whose classification level appears in Group 7 or 8 of Schedule 1 to the
Classification Rules under the Public Service Act 1999; or
- (c)
- who is acting in a position usually occupied by a person with a
classification level of the kind mentioned in paragraph (b).
533 Section 396-105
Omit "a person holding or performing the duties of a Senior Executive
Service office", substitute "an SES employee, or acting SES employee,".
534 Subsection 995-1(1) (definition of Senior Executive Service
office)
Repeal the definition, substitute:
Senior Executive Service office means a position occupied by an
SES employee or acting SES employee.
Industrial Chemicals (Notification and Assessment) Act 1989
535 Section 5 (definition of Department)
Repeal the definition, substitute:
Department means an Agency within the meaning of the Public
Service Act 1999.
536 Section 5 (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head within the meaning of the
Public Service Act 1999.
537 Subsection 84(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
538 Subsection 84(2)
Omit "section 78 of the Public Service Act 1922", substitute
"section 71 of the Public Service Act 1999".
539 Subsection 94(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
540 Subsection 100(1)
Omit "the Secretary of a Department", substitute "an Agency Head (within
the meaning of the Public Service Act 1999)".
541 Subsection 100(1)
Omit "Department" (last occurring), substitute "Agency".
542 Paragraph 104(c)
Repeal the paragraph, substitute:
- (c)
- an SES employee, or acting SES employee, in the Department;
543 Section 104A
Repeal the section, substitute:
104A Delegation by Director
The Director may, by signed instrument, delegate to a person:
- (a)
- whose classification level appears in Group 7 or 8 of Schedule 1 to the
Classification Rules under the Public Service Act 1999; or
- (b)
- who is acting in a position usually occupied by a person with a
classification level of the kind mentioned in paragraph (a);
all or any of the Director's functions or powers under this Act, other than
those under subsection 14(4), 17(4) or 19(8) or (9), section 24 or 30A,
subsection 37(2), section 38, 44, 50B, 60E or 60F or this section.
Industry Research and Development Act 1986
544 Paragraph 9(1)(b)
After "office", insert "or position".
545 Section 25
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
Inspector-General of Intelligence and Security Act 1986
546 Paragraph 18(6)(b)
Omit "a Department", substitute "an Agency (within the meaning of the
Public Service Act 1999)".
547 Subsection 28(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
548 Subsection 32(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
549 Subsection 32(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Inspector-General and the APS employees assisting the
Inspector-General together constitute a Statutory Agency; and
- (b)
- the Inspector-General is the Head of that Statutory Agency.
International Air Services Commission Act 1992
550 Subsection 44(1)
Omit "Subject to section 87E of the Public Service Act 1922, if",
substitute "If".
International Transfer of Prisoners Act 1997
551 Paragraph 53(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in the Department.
Judiciary Act 1903
552 Subsection 55E(1) (subparagraph (b)(ii) of the definition of AGS
lawyer)
Repeal the subparagraph, substitute:
- (ii)
- a person in the Attorney-General's Department who is engaged under the
Public Service Act 1999.
553 Subsection 55E(5)
Omit "as an officer or employee in the Attorney-General's Department",
substitute "as a person in the Attorney-General's Department engaged under the
Public Service Act 1999".
554 Paragraph 55G(1)(a)
Omit "an officer of, or employee in, the Attorney-General's Department",
substitute "a person in the Attorney-General's Department engaged under the
Public Service Act 1999".
Lands Acquisition Act 1989
555 Paragraph 139(1)(a)
Repeal the paragraph, substitute:
- (a)
- a person appointed or engaged under the Public Service Act 1999; or
Legislative Instruments Act 1997
556 Section 14
Omit "An officer of the Senior Executive Service", substitute "An SES
employee".
Long Service Leave (Commonwealth Employees) Act 1976
557 Subsection 4(1) (paragraph (e) of the definition of approving
authority)
Repeal the paragraph, substitute:
- (e)
- in any other case:
- (i)
- the chief executive officer of the employing agency (the original
agency) in which the person is employed, or in which the person was
employed at the time of his or her ceasing to be an employee (whether by reason
of death or otherwise); or
- (ii)
- if the original agency no longer exists—the chief executive officer
(however described) of the replacement agency determined under subsection (1A).
558 Subsection 4(1)
Insert:
chief executive officer, in relation to an employing agency,
means:
- (a)
- if the employing agency is an Agency within the meaning of the Public
Service Act 1999—the Agency Head (within the meaning of that Act); or
- (b)
- in any other case—the person (however described) who is the chief
executive officer of the employing agency.
559 Subsection 4(1)
Insert:
employing agency means:
- (a)
- an Agency within the meaning of the Public Service Act 1999; or
- (b)
- a public authority of the Commonwealth; or
- (c)
- a body covered by paragraph (6)(b); or
- (d)
- a company covered by paragraph (6)(c).
560 Subsection 4(1) (definition of officer)
Repeal the definition.
561 After subsection 4(1)
Insert:
- (1A)
- If the employing agency (the original agency) in which a
person was employed at the time of his or her ceasing to be an employee no
longer exists at a later time, then the replacement agency at
that later time is:
- (a)
- the employing agency that is responsible for the matter to which the
person's duties related, or mainly related, at the time of his or her ceasing
to be an employee; or
- (b)
- if there is no employing agency that is responsible for that matter—the
employing agency that is nominated in writing by the Secretary of the Department.
562 Subsection 4(9)
Repeal the subsection.
563 Subsection 4(10)
Omit "to whom the Commonwealth Employees (Redeployment and Retirement)
Act 1979 does not apply".
564 Paragraph 4(10)(a)
Repeal the paragraph, substitute:
- (a)
- in the case of an employee who is an APS employee—the minimum that
applies to the employee under section 30 of the Public Service Act 1999;
or
565 Sections 9 and 9A
Repeal the sections, substitute:
9 Delegation by approving authority
- (1)
- An approving authority may, in writing, delegate to another person any of
the approving authority's powers or functions under this Act (other than this
section).
- (2)
- A person (the first delegate) to whom powers or functions
are delegated under subsection (1) may, in writing, delegate any of those
powers or functions to another person (the second delegate).
However, if the first delegate is subject to directions in relation to the
exercise of a power or function delegated under this subsection, the first
delegate must give corresponding directions to the second delegate.
- (3)
- A power or function that is exercised or performed by a person under a
delegation under subsection (2) is taken, for the purposes of this Act, to have
been exercised or performed by the approving authority.
- (4)
- A person exercising powers or functions under a delegation under this
section must comply with any directions of the person who delegated the power
or function.
- (5)
- In this section:
approving authority does not include the President of the Senate
or the Speaker of the House of Representatives.
566 Paragraph 12(3)(a)
Repeal the paragraph, substitute:
- (a)
- unless a chief executive officer, or the person who granted the leave,
determined (otherwise than under this Act), either at the time of the grant or
at a later time, that the period of absence be included in the person's period
of service for the purpose of the granting of long service leave; or
Management and Investment Companies Act 1983
567 Section 16
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
Maternity Leave (Commonwealth Employees) Act 1973
568 Subsection 3(1)
Insert:
Agency Head, in relation to an employee, means:
- (a)
- in the case of an employee in an Agency (within the meaning of the
Public Service Act 1999)—the Agency Head within the meaning of that
Act; or
- (b)
- in the case of an employee in a prescribed authority—the chief executive
officer (however described) of the prescribed authority.
569 Subsection 3(1) (definition of Department of the Australian
Public Service)
Repeal the definition.
570 Subsection 3(1) (definition of Secretary)
Repeal the definition.
571 Paragraph 5(1)(a)
Omit "Public Service Act 1922-1973", substitute "Public Service
Act 1999".
572 Subsection 5A(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the application of this Act in relation to a person
employed in a Parliamentary Department, the powers conferred on an Agency Head
(other than the power of delegation conferred by section 11) are to be
exercised, in substitution for the Agency Head, by the Head of the
Parliamentary Department concerned.
573 Subsection 6(4)
Omit "or (4AB)".
574 Subsection 6(4AB)
Repeal the subsection.
575 Subsection 6(4B)
Omit "or (4AB)".
576 Subsection 6(4C)
Omit "the Secretary to the Department", substitute "the Agency Head".
577 Subsection 6(4F)
Omit "the Secretary to the Department", substitute "the Agency Head".
578 Subsection 7A(4)
Omit "the Secretary to the Department", substitute "the Agency Head".
579 Subsection 7A(4)
Omit "wishes the Secretary", substitute "wishes the Agency Head".
580 Subsection 7A(5)
Omit "the Secretary to the Department", substitute "the Agency Head".
581 Subsection 7A(5)
Omit "subsection (4), the Secretary", substitute "subsection (4), the
Agency Head".
582 Subsection 7A(6)
Omit "the Secretary to the Department", substitute "the Agency Head".
583 Subsection 7A(6)
Omit "or the Secretary", substitute "or the Agency Head".
584 Section 8
Repeal the section, substitute:
8 APS employees on maternity leave
Clause 12 of Schedule 14 to the Workplace Relations Act 1996 applies
to a female APS employee if:
- (a)
- the employee is absent from duty in accordance with section 6; and
- (b)
- the absence is after her confinement and without pay.
585 Sections 11 and 12
Repeal the sections, substitute:
11 Delegation by Agency Head
- (1)
- An Agency Head may, in writing, delegate to another person any of the
Agency Head's powers or functions under this Act (other than this section).
- (2)
- A person (the first delegate) to whom powers or functions
are delegated under subsection (1) may, in writing, delegate any of those
powers or functions to another person (the second delegate).
However, if the first delegate is subject to directions in relation to the
exercise of a power or function delegated under this subsection, the first
delegate must give corresponding directions to the second delegate.
- (3)
- A power or function that is exercised or performed by a person under a
delegation under subsection (2) is taken, for the purposes of this Act, to have
been exercised or performed by the Agency Head.
- (4)
- A person exercising powers or functions under a delegation under this
section must comply with any directions of the person who delegated the power
or function.
- (5)
- In this section:
Agency Head does not include the President of the Senate or the
Speaker of the House of Representatives.
Meat Inspection Arrangements Act 1964
586 Subsection 3(1) (definition of person employed by the
Commonwealth)
Repeal the definition, substitute:
person employed by the Commonwealth means a person appointed or
engaged under the Public Service Act 1999.
Members of Parliament (Staff) Act 1984
587 Section 3 (definition of Agency)
Repeal the definition.
588 Section 3 (definition of Board)
Repeal the definition.
589 Section 3 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act.
590 Section 3 (definition of Public Service Act)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
591 Section 3 (definition of relevant public servant)
Repeal the definition.
592 Subsections 5(1), (2) and (3)
Omit "Board", substitute "Prime Minister".
593 Section 10
Repeal the section.
594 Section 11
Repeal the section.
595 Subsection 14(1)
Omit "subsection (2) and to".
596 Subsection 14(1)
Omit all the words after "are the same as", substitute "are to be
ascertained in accordance with the agreement for the employment of the person".
597 Subsection 14(1)
Omit "in relation to an officer performing the duties of an office in the
Australian Public Service", substitute "an APS employee".
598 Subsection 14(2)
Repeal the subsection.
599 Sections 17 and 18
Repeal the sections.
600 Subsection 21(1)
Omit "subsection (2) and to".
601 Subsection 21(1)
Omit all the words after "are the same as", substitute "are to be
ascertained in accordance with the agreement for the employment of the person".
602 Subsection 21(1)
Omit "in relation to an officer performing the duties of an office in the
Australian Public Service", substitute "an APS employee".
603 Subsection 21(2)
Repeal the subsection.
604 Section 24
Repeal the section.
605 Section 25
Repeal the section.
Merit Protection (Australian Government Employees) Act 1984
606 The whole of the Act
Repeal the Act.
Migration Act 1958
607 Paragraph 143(1)(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in that Department.
608 Section 275 (paragraphs (a) and (b) of the definition of
official)
Repeal the paragraphs, substitute:
- (a)
- a person appointed or engaged under the Public Service Act 1999; or
609 Paragraph 364(1)(b)
Omit "employed under the Public Service Act 1922", substitute
"engaged under the Public Service Act 1999".
610 Subsection 407(4)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
611 Subsection 408(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
612 Paragraph 428(1)(a)
Omit "employed under the Public Service Act 1922", substitute
"engaged under the Public Service Act 1999".
613 Subsection 472(4)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
614 Subsection 473(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
Migration Legislation Amendment (Migration Agents) Act 1997
615 Subsection 2(3)
Omit "Public Service Act 1997", substitute "Public Service Act
1999".
616 Item 82 of Schedule 1
Omit "Public Service Act 1997", substitute "Public Service Act
1999".
Motor Vehicle Standards Act 1989
617 Paragraph 22(2)(b)
Repeal the paragraph, substitute:
- (b)
- is to be an SES employee, or acting SES employee, in the Department.
618 Subsection 25(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
619 Subsection 25(2)
Omit "section 78 of the Public Service Act 1922", substitute
"section 71 of the Public Service Act 1999".
National Crime Authority Act 1984
620 Subsection 40(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
621 Subsection 47(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
622 Subsection 47(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chairperson and the APS employees assisting the Chairperson together
constitute a Statutory Agency; and
- (b)
- the Chairperson is the Head of that Statutory Agency.
National Environment Protection Council Act 1994
623 Subsection 43(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
624 Subsection 49(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
625 Subsections 49(2) and (3)
Repeal the subsections, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the NEPC Executive Officer and the APS employees assisting the NEPC
Executive Officer together constitute a Statutory Agency; and
- (b)
- the NEPC Executive Officer is the Head of that Statutory Agency.
626 Subsection 51(1)
Omit "officers and employees of Departments of the Australian Public
Service", substitute "persons engaged under the Public Service Act 1999".
National Gallery Act 1975
627 Subsection 28(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
National Health Act 1953
628 Subsection 4(1) (paragraph (a) of the definition of
Director)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
629 Subsection 82PEA(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
630 Subsection 82PL(2)
Omit "the Secretary of a Department of the Australian Public Service",
substitute "an Agency Head (within the meaning of the Public Service Act
1999)".
631 Subsection 82PL(2)
Omit "Department" (last occurring), substitute "Agency".
632 Subsection 82PN(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
633 Subsection 82R(3)
Omit "an officer of the Australian Public Service", substitute "a person
engaged under the Public Service Act 1999".
634 Subsection 82X(1)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
635 Subsection 82ZUD(1)
Omit "Subject to section 87E of the Public Service Act 1922, if",
substitute "If".
636 Subsection 82ZUG(2)
Omit "the Secretary of a Department of the Australian Public Service",
substitute "an Agency Head (within the meaning of the Public Service Act
1999)".
637 Subsection 82ZUG(2)
Omit "Department" (last occurring), substitute "Agency".
National Health and Medical Research Council Act 1992
638 Subsection 22(1)
Repeal the subsection, substitute:
- (1)
- The Secretary to the Council is an SES employee or acting SES employee who
is designated for the purpose by the Secretary of the Department.
639 Subsection 26(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
640 Subsection 45(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
641 Subsection 45(2)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
642 Paragraph 48(1)(a)
Repeal the paragraph, substitute:
- (a)
- an Agency Head within the meaning of the Public Service Act
1999; or
643 Paragraphs 48(1)(d), (e) and (f)
After "of that", insert "Agency,".
644 Paragraph 72(a)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
National Labour Consultative Council Act 1977
645 Section 9
Omit all the words after "payable to", substitute "persons engaged under
the Public Service Act 1999".
646 Subsection 12(2)
Omit all the words after "payable to", substitute "persons engaged under
the Public Service Act 1999".
National Library Act 1960
647 Subparagraph 6(c)(ii)
Omit "Departments and".
648 At the end of paragraph 6(c)
Add:
- (iv)
- the Agencies (within the meaning of the Public Service Act 1999);
and
649 Subsection 17(4)
Repeal the subsection, substitute:
- (4)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director-General and the APS employees assisting the Director-General
together constitute a Statutory Agency; and
- (b)
- the Director-General is the Head of that Statutory Agency.
650 Subsection 17(5)
Omit "an officer employed under the Public Service Act 1922",
substitute "a person engaged under the Public Service Act 1999".
651 Subsection 17(5)
Omit "including his or her powers referred to in subsection (4) but".
652 Subsection 17(6)
Omit ", other than the powers referred to in subsection (4) of this
section,".
653 Subsection 17B(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
654 Section 18
Omit "employed under the Public Service Act 1922", substitute
"engaged under the Public Service Act 1999".
National Museum of Australia Act 1980
655 Subsection 26(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
656 Subsection 30(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
657 Subsections 30(2), (3) and (4)
Repeal the subsections, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (b)
- the Director is the Head of that Statutory Agency.
658 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)".
National Occupational Health and Safety Commission Act 1985
659 Subsection 12(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
660 Subsection 32(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
661 Subsection 53(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
662 Subsection 53(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chief Executive Officer and the APS employees assisting the Chief
Executive Officer together constitute a Statutory Agency; and
- (b)
- the Chief Executive Officer is the Head of that Statutory Agency.
663 Subsection 54(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)".
664 Subsection 54(1)
Omit "Department" (last occurring), substitute "Agency".
National Parks and Wildlife Conservation Act 1975
665 Subsection 26(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
666 Subsection 34(1)
Omit "appointed or employed under the Public Service Act 1922-1974",
substitute "engaged under the Public Service Act 1999".
667 Subsections 34(2) and (3)
Repeal the subsections, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director and the APS employees assisting the Director together
constitute a Statutory Agency; and
- (b)
- the Director is the Head of that Statutory Agency.
668 Subsection 36(2)
Omit "the Secretary of a Department of the Australian Public Service",
substitute "an Agency Head (within the meaning of the Public Service Act
1999)".
669 Subsection 36(2)
Omit "Department" (last occurring), substitute "Agency".
National Roads Act 1974
670 Subsection 15(1)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
National Road Transport Commission Act 1991
671 Subsection 29(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
672 Section 31
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
673 Subsection 31(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chief Executive Officer and the APS employees assisting the Chief
Executive Officer together constitute a Statutory Agency; and
- (b)
- the Chief Executive Officer is the Head of that Statutory Agency.
674 Paragraph 33(1)(a)
Repeal the paragraph, substitute:
- (a)
- persons engaged under the Public Service Act 1999, and officers and
employees of authorities of the Commonwealth, whose services are made available
to the Commission in connection with the performance or exercise of any of its
functions or powers; and
National Transmission Network Sale Act 1998
675 Paragraph 23(1)(b)
Omit "a person holding, or performing the duties of, a Senior Executive
Service office", substitute "an SES employee or acting SES employee".
Native Title Act 1993
676 Subsection 102(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
677 Subsection 117(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
678 Subsection 130(3)
Repeal the subsection, substitute:
Employment etc. under Public Service Act
- (3)
- The Deputy Registrars and the staff of the Tribunal are to be persons
engaged under the Public Service Act 1999.
679 Subsection 130(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".
680 Subsection 130(4)
Omit "the Department", substitute "the Agency".
681 Section 131
Repeal the section, substitute:
131 Statutory Agency etc. for purposes of Public Service
Act
For the purposes of the Public Service Act 1999:
- (a)
- the Registrar and the APS employees assisting the Registrar together
constitute a Statutory Agency; and
- (b)
- the Registrar is the Head of that Statutory Agency.
682 Subsection 183(7)
Omit "Public Service Act 1997", substitute "Public Service Act
1999".
Natural Heritage Trust of Australia Act 1997
683 Paragraph 45(1)(c)
Repeal the paragraph, substitute:
- (c)
- an SES employee or acting SES employee (whether or not in the Department);
684 Paragraph 46(1)(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee or acting SES employee (whether or not in the Department
of Primary Industries and Energy);
685 Section 54 (definition of Senior Executive Service
office)
Repeal the definition.
Natural Resources Management (Financial Assistance) Act 1992
686 Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act 1999.
Naval Defence Act 1910
687 Section 40 (definition of industrial award)
Repeal the definition, substitute:
industrial award means an award within the meaning of the
Workplace Relations Act 1996.
688 Section 42
Omit all the words after "the Navy".
689 Subsection 42C(1)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
690 Subsection 42C(2)
Omit "Section 64 of the Public Service Act 1922", substitute
"Section 75 of the Public Service Act 1999".
691 Subsection 42C(2)
Omit "officer", substitute "APS employee".
Norfolk Island Act 1979
692 Paragraph 13(4)(a)
Repeal the paragraph, substitute:
- (a)
- is an APS employee; or
Nuclear Non-Proliferation (Safeguards) Act 1987
693 Subsection 4(1) (paragraph (a) of the definition of Commonwealth
officer)
Repeal the paragraph, substitute:
- (a)
- a person appointed or engaged under the Public Service Act 1999; or
694 Subsection 46(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
695 Section 55
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
Occupational Health and Safety (Commonwealth Employment) Act 1991
696 Subsection 5(1) (paragraph (a) of the definition of
Department)
Repeal the paragraph, substitute:
- (a)
- an Agency (within the meaning of the Public Service Act 1999); or
697 Subsection 5(1) (paragraph (a) of the definition of
Secretary)
Repeal the paragraph, substitute:
- (a)
- in the case of a Department to which paragraph (a) of the definition of
Department applies—the Agency Head (within the meaning of the
Public Service Act 1999); or
698 Section 51
Omit "section 78 of the Public Service Act 1922", substitute
"section 71 of the Public Service Act 1999".
699 Subsection 80(1)
Omit "employed under the Public Service Act 1922, the purposes of
Division 6 of Part III of that Act,", substitute "appointed or engaged under
the Public Service Act 1999".
700 Subsection 80(2)
After "office", insert "or position".
701 Subsection 80(2)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
Occupational Health and Safety (Maritime Industry) Act 1993
702 Subsection 106(3)
Omit "section 78 of the Public Service Act 1922", substitute
"section 71 of the Public Service Act 1999".
Office of National Assessments Act 1977
703 Section 3 (paragraph (e) of the definition of prescribed
Commonwealth officer)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
704 Paragraph 6(2)(d)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
705 Paragraph 7(2)(a)
Omit "an officer or officers of the Australian Public Service", substitute
"a person or persons appointed or engaged under the Public Service Act
1999".
706 Subsection 13(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
707 Paragraph 17(1)(a)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
708 Subsections 17(2) and (3)
Repeal the subsections, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Director-General and the APS employees assisting the Director-General
together constitute a Statutory Agency; and
- (b)
- the Director-General is the Head of that Statutory Agency.
709 Subsection 17(4)
Omit "the Secretary of a Department", substitute "an Agency Head (within
the meaning of the Public Service Act 1999)".
710 Subsection 17(4)
Omit "appointed or employed under the Public Service Act 1922 in the
Department", substitute "engaged under that Act in the Agency".
Ombudsman Act 1976
711 Subsection 3(1) (definition of Department)
Omit "Department of the Australian Public Service referred to in paragraph
(a) of the definition of Department in subsection 7(1) of the
Public Service Act 1922", substitute "Department within the meaning of
the Public Service Act 1999".
712 Subsection 3(1) (definition of Secretary)
Omit "Public Service Act 1922", substitute "Public Service Act
1999".
713 Paragraph 5(2)(g)
After "office" (first and second occurring), insert "or position".
714 Subsections 6(9), (10) and (11)
Repeal the subsections, substitute:
- (9)
- If the Ombudsman forms the opinion:
- (a)
- that a complaint could have been made under the Public Service Act
1999; and
- (b)
- that the complaint could be more conveniently or effectively dealt with by
the Public Service Commissioner;
the Ombudsman may decide not to investigate the complaint, or not to
investigate the complaint further, as the case may be, and to transfer the
complaint to the Public Service Commissioner.
- (10)
- If the Ombudsman makes a decision under subsection (9), the Ombudsman
must:
- (a)
- transfer the complaint to the Public Service Commissioner as soon as is
reasonably practicable; and
- (b)
- give the Public Service Commissioner any information or documents relating
to the complaint that are in the possession, or under the control, of the
Ombudsman; and
- (c)
- as soon as is reasonably practicable, give the complainant written notice
that the complaint has been transferred to the Public Service Commissioner.
715 Subsection 25(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
716 Subsection 31(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
717 Subsections 31(2) and (3)
Repeal the subsections, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Ombudsman and the APS employees assisting the Ombudsman together
constitute a Statutory Agency; and
- (b)
- the Ombudsman is the Head of that Statutory Agency.
Overseas Students (Refunds) Act 1990
718 Section 3 (definition of officer)
Repeal the definition.
719 Subsection 5(1)
Omit "an officer of", substitute "an APS employee in".
720 Paragraph 10(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in the Department;
Ozone Protection Act 1989
721 Paragraph 49(1)(a)
Omit "the Australian Public Service or any other", substitute "an".
722 After paragraph 49(1)(a)
Insert:
- (b)
- a person engaged under the Public Service Act 1999; or
723 Section 67A
Omit "a person holding or performing the duties of a Senior Executive
Service office", substitute "an SES employee or acting SES employee".
Parliamentary Contributory Superannuation Act 1948
724 Subsection 21B(1) (paragraph (d) of the definition of holder of
an office of profit under the Commonwealth)
Repeal the paragraph, substitute:
- (d)
- the holder of an office of Secretary within the meaning of the Public
Service Act 1999; or
Parliamentary Counsel Act 1970
725 Subsection 7(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
726 Subsection 16(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
727 Subsections 16(2) and (3)
Repeal the subsections, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the First Parliamentary Counsel and the APS employees assisting the First
Parliamentary Counsel together constitute a Statutory Agency; and
- (b)
- the First Parliamentary Counsel is the Head of that Statutory Agency.
Patents Act 1990
728 Section 200A
Repeal the section, substitute:
200A Designated Manager
For the purposes of this Act, a person is the Designated Manager if the
person occupies, or is acting in, a position that:
- (a)
- is usually occupied by an SES employee; and
- (b)
- has been declared by the Secretary to the Department, in writing, to be
the position of Designated Manager.
729 Schedule 1 (paragraph (a) of the definition of
employee)
Omit "an officer or employee within the meaning of the Public Service
Act 1922", substitute "a person engaged under the Public Service Act
1999".
730 Schedule 1 (paragraph (b) of the definition of
employee)
Omit "an officer or employee", substitute "a person".
Petroleum Excise (Prices) Act 1987
731 Subsection 4(2)
Omit "an officer within the meaning of the Public Service Act 1922",
substitute "a person appointed or engaged under the Public Service Act
1999".
Petroleum Resource Rent Tax Assessment Act 1987
732 Section 2 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act 1999.
Plant Breeder's Rights Act 1994
733 Subsections 59(1) and (2)
Omit "another officer of the Department within the Senior Executive
Service", substitute "an SES employee, or acting SES employee, in the
Department".
Pooled Development Funds Act 1992
734 Section 68
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
Prawn Export Promotion Act 1995
735 Paragraph 24(b)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
Prices Surveillance Act 1983
736 Subsection 43(4) (at the end of paragraph (a) of the definition of
prescribed person)
Add:
- (iv)
- appointed or engaged under the Public Service Act 1999; or
Primary Industries Levies and Charges Collection Act 1991
737 Paragraph 26(b)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
Privacy Act 1988
738 Subsection 6(1) (paragraph (a) of the definition of Commonwealth
officer)
Omit "appointed or employed under the Public Service Act 1922",
substitute "appointed or engaged under the Public Service Act 1999".
739 Subsection 6(1) (definition of Department)
Repeal the definition, substitute:
Department means an Agency within the meaning of the Public
Service Act 1999.
740 Subsection 6(1) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head within the meaning of the
Public Service Act 1999.
741 Subsection 22(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
742 Subsections 26A(1) and (2)
Repeal the subsections, substitute:
- (1)
- The staff necessary to assist the Commissioner must be persons appointed
or employed under the Public Service Act 1999.
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Commissioner and the APS employees assisting the Commissioner together
constitute a Statutory Agency; and
- (b)
- the Commissioner is the Head of that Statutory Agency.
743 Subsection 50(1) (definition of Merit Protection Act)
Repeal the definition.
744 Subsection 50(1) (definition of Merit Protection
Agency)
Repeal the definition.
745 Paragraph 50(2)(b)
Omit "Merit Protection Agency under section 47 of the Merit Protection
Act", substitute "Public Service Commissioner under the Public Service Act
1999".
746 Subsection 50(2)
Omit "or the Merit Protection Agency" (wherever occurring), substitute "or
the Public Service Commissioner".
747 Paragraph 50(3)(b)
Omit "Merit Protection Agency under section 47 of the Merit Protection
Act", substitute "Public Service Commissioner under the Public Service Act
1999".
Proceeds of Crime Act 1987
748 Subsection 4(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.
Productivity Commission Act 1998
749 Subsection 29(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
750 Subsection 44(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
751 Subsection 44(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chair and the APS employees assisting the Chair together constitute a
Statutory Agency; and
- (b)
- the Chair is the Head of that Statutory Agency.
Protection of Movable Cultural Heritage Act 1986
752 Paragraph 24(1)(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in the Department;
Public Lending Right Act 1985
753 Section 18
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
Public Service Act 1922
754 The whole of the Act
Repeal the Act.
Qantas Sale Act 1992
755 Subsection 11(1)
Omit "a person who holds, or performs the duties of, a Senior Executive
Service office", substitute "an SES employee or acting SES employee".
756 Subsection 11(2)
Repeal the subsection.
757 Paragraphs 20(1)(d) and (e)
Repeal the paragraphs, substitute:
- (e)
- the Public Service Act 1999;
758 Subsection 31(3) (paragraph (b) of the definition of authorised
person)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in the Department who is
authorised by the Secretary, in writing, for the purposes of this section.
759 Subsection 40(4) (paragraph (c) of the definition of authorised
person)
Repeal the paragraph, substitute:
- (c)
- an SES employee, or acting SES employee, in the Department.
Racial Discrimination Act 1975
760 Subsection 32(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
Radiocommunications Act 1992
761 Section 5 (paragraph (a) of the definition of
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".
762 Subsection 204(1)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
763 Subsection 248(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
Referendum (Machinery Provisions) Act 1984
764 Section 3 (subparagraph (b)(iii) of the definition of authorised
witness)
Omit "in the Australian Public Service or".
765 Section 3 (after subparagraph (b)(iii) of the definition of
authorised witness)
Insert:
- (iiia)
- a person appointed or engaged under the Public Service Act 1999;
or
766 Paragraph 11(4)(c)
Omit "officers or employees within the meaning of the Public Service Act
1922", substitute "appointed or engaged under the Public Service Act
1999".
767 Subsection 95B(1)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
768 Subsection 95B(7)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
Registration of Deaths Abroad Act 1984
769 Subsection 5(2)
Omit "an officer or employee within the meaning of the Public Service
Act 1922", substitute "engaged under the Public Service Act 1999".
770 Subsection 6(1)
Omit "an officer or employee within the meaning of the Public Service
Act 1922", substitute "engaged under the Public Service Act 1999".
771 Paragraph 26(1)(a)
Omit "an officer or employee within the meaning of the Public Service
Act 1922", substitute "appointed or engaged under the Public Service Act
1999".
Remuneration and Allowances Act 1990
772 After section 8
Insert:
8A Regulations
The Governor-General may make regulations prescribing matters:
- (a)
- required or permitted by this Act to be prescribed; or
- (b)
- necessary or convenient to be prescribed for carrying out or giving effect
to this Act.
773 Clause 7 of Schedule 1
Omit "officers of the Australian Public Service", substitute "persons
engaged under the Public Service Act 1999".
774 Clause 5 of Schedule 2
Omit "officers of the Australian Public Service", substitute "persons
engaged under the Public Service Act 1999".
775 Subclauses 1(2) and (3) of Schedule 3
Repeal the subclauses, substitute:
- (2)
- The Members of Parliament annual salary is equal to:
- (a)
- the minimum annual rate of salary payable to an SES employee with a
classification of SES Band 2; or
- (b)
- if the regulations prescribe a percentage (not more than 100%) of a
reference salary—that percentage of the reference salary.
- (3)
- Before the Governor-General makes a regulation for the purposes of
paragraph (2)(b), the Minister must consider advice from the Remuneration
Tribunal about the proposed regulation.
- (4)
- In this clause:
principal executive classification means a classification
determined by the Remuneration Tribunal under subsection 5(2A) of the
Remuneration Tribunal Act 1973.
reference salary means:
- (a)
- the annual salary applicable to an office under a determination of the
Remuneration Tribunal; or
- (b)
- the annual salary identified (for the purposes of this clause) as the
reference salary for a principal executive classification, in a determination
of the Remuneration Tribunal under subsection 5(2A) of the Remuneration
Tribunal Act 1973.
Remuneration Tribunal Act 1973
776 Part II (heading)
Repeal the heading, substitute:
Part II—Remuneration etc. for certain offices and appointments
Division 1—Preliminary
777 After section 3
Insert:
Division 2—Determinations and reports by the Remuneration Tribunal
778 Subsection 5(2)
Repeal the subsection, substitute:
- (2)
- An additional function of the Tribunal is to provide advice to the
Australian National University, the University of Canberra and the Australian
Maritime College in relation to terms and conditions (including remuneration
and allowances) on which executive education offices in those bodies are to be
held.
- (2A)
- An additional function of the Tribunal is to:
- (a)
- determine a classification structure for principal executive offices;
and
- (b)
- provide advice to the employing bodies for principal executive offices in
relation to terms and conditions (including remuneration and allowances) on
which principal executive offices are to be held.
- (2B)
- An additional function of the Tribunal is to provide advice, for the
purposes of the Public Service Act 1999, in relation to terms and
conditions (including remuneration and allowances) for the following offices:
- (a)
- the office of Public Service Commissioner;
- (b)
- the office of Merit Protection Commissioner;
- (c)
- offices of Secretary;
- (d)
- offices of Heads of Executive Agencies.
- (2C)
- An additional function of the Tribunal is to provide advice for the
purposes of subclause 1(3) of Schedule 3 to the Remuneration and Allowances
Act 1990.
- (2D)
- An additional function of the Tribunal is to provide advice, for the
purposes of the Parliamentary Service Act 1999, in relation to terms and
conditions (including remuneration and allowances) for the following offices:
- (a)
- the office of Parliamentary Service Commissioner;
- (b)
- the office of Parliamentary Service Merit Protection Commissioner;
- (c)
- offices of Secretary.
779 Subsection 5(3)
Omit "subsection (2)", substitute "this section".
780 Subsection 7(3)
Omit "the holders of offices referred to in paragraph (a) of the definition
of office of Secretary in subsection 7(1) of the Public
Service Act 1922 and to".
781 At the end of Part II
Add:
Division 3—Determinations by employing bodies for principal
executive offices
12C Terms and conditions determined by employing body
- (1)
- The employing body for a principal executive office may, in writing,
determine the terms and conditions (including remuneration and allowances)
applying to the office.
- (2)
- If an employing body proposes to determine terms and conditions that are
not consistent with the classification structure determined by the Tribunal
under subsection 5(2A), the employing body must first request the advice of the
Tribunal.
- (3)
- If a determination is in force under this section for a principal
executive office, the determination overrides any provision of another Act that
provides for the terms and conditions applying to the principal executive
office, unless that other provision refers to, and is expressed to override,
this section.
Repatriation Institutions (Transfer) Act 1992
782 Subsection 3(1) (definition of employee)
Repeal the definition.
783 Subsection 3(1) (definition of officer)
Repeal the definition.
784 Subsection 3(1) (definition of the Service)
Repeal the definition, substitute:
the Service means the APS within the meaning of the Public
Service Act 1999.
785 Subsection 4(2)
After "office" (wherever occurring), insert "or position".
786 Paragraph 13(1)(b)
After "office", insert "or position".
787 Section 16
Omit all the words after "under", substitute "subsection 16(4) or 17(2) of
the Long Service Leave (Commonwealth Employees) Act 1976 in respect of
resignation from the Service".
788 Section 17
Repeal the section.
Reserve Bank Act 1959
789 Subsection 14(2)
Omit "officers of the Bank or of the Australian Public Service", substitute
"officials".
790 Subsection 14(3)
Omit "an officer of the Bank or of the Australian Public Service",
substitute "an official".
791 Subsection 14(4)
Omit "an officer of the Bank or of the Australian Public Service",
substitute "an official".
792 Subsection 14(5)
Omit "an officer of the Bank or of the Australian Public Service",
substitute "an official".
793 At the end of section 14
Add:
- (6)
- In this section:
official means:
- (a)
- an officer of the Bank; or
- (b)
- a person appointed or engaged under the Public Service Act 1999.
Resource Assessment Commission Act 1989
794 Subsection 49(1)
Omit "and section 87E of the Public Service Act 1922".
Roads Grants Act 1974
795 Subsection 15(1)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
Roads Grants Act 1980
796 Subsection 38(1)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
Roads Grants Act 1981
797 Subsection 33(1)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
Rural Adjustment Act 1992
798 Section 20C
Omit "an officer of the Department who holds or performs the duties of a
Senior Executive Service office", substitute "an SES employee, or acting SES
employee, in the Department".
799 Subsection 21A(2)
Omit "an officer of the Department who holds or performs the duties of a
Senior Executive Service office", substitute "an SES employee, or acting SES
employee, in the Department".
Rural Adjustment Amendment Act 1999
800 Subsection 2(2)
Omit "Public Service Act 1998", substitute "Public Service Act
1999".
Safety, Rehabilitation and Compensation Act 1988
801 Subsection 81(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
802 Subsection 86(2)
Omit "an officer, within the meaning of the Public Service Act 1922,
being the occupant for the time being of such office", substitute "an APS
employee who is performing the duties of such position".
803 Paragraph 88(1)(a)
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
804 Subsection 88(2)
Repeal the subsection, substitute:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chief Executive Officer and the APS employees assisting the Chief
Executive Officer together constitute a Statutory Agency; and
- (b)
- the Chief Executive Officer is the Head of that Statutory Agency.
805 Subsection 114A(2) (definition of Department)
Repeal the definition, substitute:
Department means an Agency (within the meaning of the Public
Service Act 1999).
806 Subsection 114A(2) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head (within the meaning of the
Public Service Act 1999).
Science and Industry Research Act 1949
807 Subsection 10C(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
Seafarers Rehabilitation and Compensation Act 1992
808 Subsection 125(1)
Repeal the subsection, substitute:
- (1)
- The Authority may, by resolution, delegate all or any of its powers or
functions to a person in the Department:
- (a)
- who is an SES employee or acting SES employee; or
- (b)
- whose classification level appears in Group 7 or 8 of Schedule 1 to the
Classification Rules under the Public Service Act 1999; or
- (c)
- who is acting in a position usually occupied by a person with a
classification level of the kind mentioned in paragraph (b).
Seafarers Rehabilitation and Compensation Levy Collection Act 1992
809 Section 11
Repeal the section, substitute:
11 Appointment of authorised persons
The Secretary may, in writing, appoint a person in the Department:
- (a)
- who is an SES employee or acting SES employee; or
- (b)
- whose classification level appears in Group 7 or 8 of Schedule 1 to the
Classification Rules under the Public Service Act 1999; or
- (c)
- who is acting in a position usually occupied by a person with a
classification level of the kind mentioned in paragraph (b);
to be an authorised person for the purposes of a specified provision of this Act.
810 Subsection 15(1)
Repeal the subsection, substitute:
- (1)
- The Secretary may, in writing, delegate all or any of his or her powers or
functions under this Act (other than powers under section 11) to a person in
the Department:
- (a)
- who is an SES employee or acting SES employee; or
- (b)
- whose classification level appears in Group 7 or 8 of Schedule 1 to the
Classification Rules under the Public Service Act 1999; or
- (c)
- who is acting in a position usually occupied by a person with a
classification level of the kind mentioned in paragraph (b).
Sea Installations Act 1987
811 Paragraph 74(1)(c)
Repeal the paragraph, substitute:
- (c)
- a person appointed or engaged under the Public Service Act 1999; or
Sex Discrimination Act 1984
812 Subsection 4(1) (paragraph (a) of the definition of Commonwealth
employee)
Repeal the paragraph, substitute:
- (a)
- is appointed or engaged under the Public Service Act 1999;
813 Subsection 4(1) (definition of Department)
Omit "has the same meaning as that expression has in the Public Service
Act 1922", substitute "means an Agency within the meaning of the Public
Service Act 1999".
814 Subsection 99(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
Shipping Registration Act 1981
815 Subsection 3(1) (definition of employee)
Repeal the definition.
816 Subsection 52(1)
Omit "an officer of or employee in the Australian Public Service",
substitute "a person appointed or engaged under the Public Service Act
1999".
817 Subsection 53(1)
Omit "an officer of or employee in the Australian Public Service",
substitute "a person appointed or engaged under the Public Service Act
1999".
Ships (Capital Grants) Act 1987
818 Subsection 36(1)
Omit "a person holding or performing the duties of a Senior Executive
Service office within the meaning of the Public Service Act 1922, being
an office", substitute "an SES employee or acting SES employee".
Snowy Mountains Engineering Corporation Limited Sale Act 1993
819 Subsection 35(3) (paragraph (b) of the definition of authorised
person)
Repeal the paragraph, substitute:
- (b)
- an SES employee, or acting SES employee, in that Department.
820 Subsection 38(4) (paragraph (c) of the definition of authorised
person)
Repeal the paragraph, substitute:
- (c)
- an SES employee, or acting SES employee, in that Department, authorised by
the Secretary, in writing, for the purposes of this section.
Snowy Mountains Hydro-electric Power Act 1949
821 Subsection 11(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
Social Security Act 1991
822 Subsection 1331(1)
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
823 Section 1341
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
Social Security (Administration) Act 1999
824 Subclause 14(1) of Schedule 3
Omit "Subject to section 87E of the Public Service Act 1922, a",
substitute "A".
825 Clause 24 of Schedule 3
Omit "appointed or employed under the Public Service Act 1922",
substitute "engaged under the Public Service Act 1999".
Special Broadcasting Service Act 1991
826 Subsection 34(1)
Omit "Subject to section 87E of the Public Service Act 1922, the",
substitute "The".
827 Subsection 81(4)
Repeal the subsection.
Special Prosecutors Act 1982
828 Paragraph 18(a)
Omit "appointed or employed under the Public Service Act 1922",
substitute "appointed or engaged under the Public Service Act 1999".
States Grants (Education Assistance—Participation and Equity) Act 1983
829 Paragraph 31(1)(c)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
States Grants (Petroleum Products) Act 1965
830 Subsection 5(2)
Omit "an officer of the Australian Public Service", substitute "a person
engaged under the Public Service Act 1999".
831 Paragraph 5(3)(a)
Omit "an officer of the Australian Public Service", substitute "a person
engaged under the Public Service Act 1999 (the public
servant)".
832 Paragraph 5(3)(a)
Omit "such an officer", substitute "the public servant".
833 Subsection 5(3A)
Omit "an officer" (wherever occurring), substitute "the public servant".
States Grants (Roads) Act 1977
834 Subsection 34(1)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
States Grants (Schools Assistance) Act 1983
835 Subsection 76(1)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
States Grants (Schools Assistance) Act 1984
836 Subsection 89(1)
Omit "an officer of the Australian Public Service", substitute "a person
appointed or engaged under the Public Service Act 1999".
Stevedoring Industry Charge Assessment Act 1947
837 Subsection 4(1) (definition of officer)
Repeal the definition, 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
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
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:
- (a)
- a part-time employee who is not an approved part-time employee; or
- (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:
- (a)
- an APS Agency; or
- (b)
- a Department of the Parliament.
848 Paragraph 14A(1)(a)
Repeal the paragraph, substitute:
- (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:
- (i)
- during the transitional period (within the meaning of Part 3 of the
Public Employment (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
- (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:
- (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:
- (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
- (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:
- (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
- (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:
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Commissioner and the APS employees assisting the Commissioner together
constitute a Statutory Agency; and
- (b)
- the Commissioner is the Head of that Statutory Agency.
863 Subparagraph 51(2)(f)(i)
Repeal the subparagraph, substitute:
- (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:
- (a)
- a person appointed under section 51 of the Public Service Act; or
- (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:
- (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:
- (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:
- (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:
- (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:
120 Persons to whom Part applies
This Part applies to a person if:
- (a)
- the person ceased to be an eligible employee because he or she has
voluntarily terminated his or her employment in order to become:
- (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
- (ii)
- a candidate in an election that is prescribed under the Public Service
Act for the purposes of section 32 of that Act; and
- (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:
- (a)
- an Agency within the meaning of the Public Service Act 1999; or
- (b)
- a Department of the Parliament.
886 Paragraph 6(1)(h)
Repeal the paragraph, substitute:
- (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:
- (i)
- during the transitional period (within the meaning of Part 3 of the
Public Employment (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
- (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
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
892 Subsection 32(1) (paragraph (b) of the definition of person to
whom this section applies)
Repeal the paragraph, substitute:
- (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
895 Subsection 28(1) (paragraph (b) of the definition of person to
whom this section applies)
Repeal the paragraph, substitute:
- (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
898 Subsection 5(5) (paragraph (c) of the definition of Commonwealth
Department)
Repeal the paragraph, substitute:
- (c)
- an Executive Agency, or Statutory Agency, within the meaning of the
Public Service Act 1999.
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".
900 Subsection 45(1) (paragraph (b) of the definition of person to
whom this section applies)
Repeal the paragraph, substitute:
- (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
901 Subsection 10(1) (paragraph (c) of the definition of taxation
officer)
Repeal the paragraph, substitute:
- (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:
- (a)
- an Agency within the meaning of the Public Service Act 1999; or
- (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:
- (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:
- (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:
4A Statutory Agency etc. for purposes of Public Service Act
- (1)
- The staff necessary to assist the Commissioner are to be persons engaged
under the Public Service Act 1999.
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Commissioner and the APS employees assisting the Commissioner together
constitute a Statutory Agency; and
- (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:
- (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
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:
- (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:
- (b)
- an SES employee, or acting SES employee, in the Department;
922 Subsection 35(3)
Repeal the subsection.
Telstra Corporation Act 1991
923 Section 3 (definition of Senior Executive Service
office)
Repeal the definition.
924 Subsection 8AW(6) (paragraph (c) of the definition of associated
person)
Repeal the paragraph, substitute:
- (c)
- a person appointed or engaged under the Public Service Act 1999; or
925 Paragraph 8BB(1)(b)
Repeal the paragraph, substitute:
- (b)
- an SES employee or acting SES employee whether or not in the Department;
926 Paragraph 8BB(2)(b)
Repeal the paragraph, substitute:
- (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:
- (b)
- an SES employee or acting SES employee whether or not in the Department;
928 Paragraph 8CB(2)(b)
Repeal the paragraph, substitute:
- (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:
- (b)
- an SES employee, or acting SES employee, in the Department;
930 Paragraph 70(1)(b)
Repeal the paragraph, substitute:
- (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
932 Subsection 23(1) (paragraph (b) of the definition of person to
whom this section applies)
Repeal the paragraph, substitute:
- (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
935 Subsection 48(6) (paragraph (a) of the definition of senior
officer)
Repeal the paragraph, substitute:
- (a)
- an SES employee, or acting SES employee, in the Department; or
Therapeutic Goods Act 1989
936 Subsection 6A(2)
Repeal the subsection, substitute:
- (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:
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Chairperson of the Commission and the APS employees assisting the
Chairperson together constitute a Statutory Agency; and
- (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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Council President and the APS employees assisting the Council
President together constitute a Statutory Agency; and
- (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:
- (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
981 Section 3 (paragraph (a) of the definition of relevant
employee)
Repeal the paragraph, substitute:
- (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
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:
- (2)
- For the purposes of the Public Service Act 1999:
- (a)
- the Industrial Registrar and the APS employees assisting the Industrial
Registrar together constitute a Statutory Agency; and
- (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:
- (a)
- under the Public Service Act 1999; or
994 Section 170WK
Repeal the section, substitute:
170WK AWAs 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)