Public Employment (Consequential and Transitional) Amendment Bill 1999

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CONTENTS

ATTACHMENTS 117

PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) Amendment Bill 1999 - OUTLINE

1. The Public Employment (Consequential and Transitional) Amendment Bill 1999 (hereafter `CTA Bill') deals with the consequential and transitional matters arising from the repeal of the Public Service Act 1922 (`1922 PSA') and the enactment of replacement legislation, namely, the Public Service Bill 1999 (currently before the Parliament - referred to as `PS Bill').

2. Since 19 July 1923, the 1922 PSA has provided a regulatory framework for the people management of agencies staffed under the Act (the staff in these agencies are collectively referred to as the `Australian Public Service' (`APS').

3. Following the establishment of the new legal framework for APS employees set out in the PS Bill, certain provisions will be necessary to:

* validate actions and decisions taken under the former legislation;

* cover some aspects of the transition from the old to the new employment framework; and

* make consequential amendments to other legislation which incorporates references to the 1922 PSA framework.

4. These proposed provisions are set out in the CTA Bill which will enable an orderly transition to the new employment framework for the APS that will operate within the general workplace relations framework provided by the Workplace Relations Act 1996 (`WRA').

5. Following the introduction of the above two Bills into the House of Representatives on 26 June 1997, they were referred to the Joint Committee of Public Accounts ('JCPA'). The Committee's Report 353, An Advisory Report on the Public Service Bill 1997 and the Public Employment (Consequential and Transitional) Amendment Bill 1997 ('JCPA Report') was handed down on 29 September 1997.

6. The Committee made no specific recommendations concerning the CTA Bill. On 30 October 1997, the Government moved a number of amendments to the earlier Consequential and Transitional Bill in the House of Representatives. Those amendments included the substitution of a new Schedule 1, which deals with repeals and amendments to a range of Commonwealth legislation to take account of legislative changes which had occurred since the original Bill was introduced on 26 June 1997.

7. The amended Public Employment (Consequential and Transitional) Amendment Bill 1997 was introduced into the Senate on 11 November 1997, together with the Public Service Bill 1997. The Senate amended both Bills and they were returned to the House of Representatives at the end of November 1997.

8. On 5 December 1997, the Minister Assisting the Prime Minister for the Public Service informed the House of Representatives that the Government had rejected outright the amendments made to both Bills, and that the legislation would be returned to the Senate unchanged after three months. Both Bills were formally laid aside in the House of Representatives on 5 December 1997.

9. The Bills were subsequently reintroduced unchanged into the House of Representatives on 5 March 1998. After passage through the House, the legislation was returned to the Senate which made the same amendments to the Bills as it had in November 1997. On 6 April 1998 the Government again rejected outright the amendments made by the Senate, and the Bills were laid aside.

10. The CTA Bill was reintroduced into the House of Representatives on 30 March 1999 unamended. The Bill was identical to the amended CTA Bill introduced into the Senate on 11 November 1997 (apart from changing the relevant dates from 1997 to 1999).

11. On 27 September 1999, the Government moved a number of amendments to the Public Employment (Consequential and Transitional) Amendment Bill 1999 in the House of Representatives.

12. The principal amendments, which were mainly of a technical nature, agreed to by the House of Representatives were in the following areas:

* inserting a new Schedule 1 to the CTA Bill, to update the list of Acts being amended by the CTA Bill to take account of legislative changes which had occurred since 1998;

* amending the transitional provisions relating to APS officers engaged in eligible public employment under first and second tier mobility coverage under the 1922 PSA ;

* converting the current Merit Protection Commissioner under the MP(AGE)A to the Merit Protection Commissioner appointed under the new Act;

* increasing the options available to the Remuneration Tribunal in terms of its advice on the annual salary of Members of Parliament and expanded the functions of the Remuneration Tribunal;

* extending the transitional period, from up to twelve months to up to three years, before a continued determination made under the former s.82D of the 1922 PSA ceases to be in force; and

* maintaining access to the Commonwealth superannuation schemes for persons covered by the mobility provisions of the 1922 PSA.

13. There were also a number of amendments which were made to ensure that references and terminology within the CTA Bill are consistent with the PS Bill 1999.

14. A list of the abbreviations in this Explanatory Memorandum (`Ex Memo') is at Attachment C.

Financial Impact Statement

15. The proposed amendments have no financial impact.

CTA Bill

16. Notes on the clauses of the CTA Bill are set out below.

NOTES ON CLAUSES

Part 1 - Preliminary

Clause 1 - Short title

1.1. The CTA Bill, when passed, will be known as the Public Employment (Consequential and Transitional) Amendment Act 1999 (CTA Bill cl.1).

Clause 2 - Commencement

1.2. Subject to any special requirements in relation to particular consequential amendments, this Bill will commence on the same day as the Public Service Act 1999 (CTA Bill s-cls.2(1)).

1.3. If an amending item in Schedule 1 of the CTA Bill amends another Act, and the whole of the amended Act is expressed to commence at one time, and at the time when the Public Service Act 1999 commences, the amended Act has not yet been enacted or has been enacted but has not yet commenced, then the amending item commences immediately after the commencement of the amended Act (CTA Bill s-cl.2(3)).

1.4. If an amending item in Schedule 1 of the CTA Bill amends a part of or, a section of another Act (the amended section) and at the time when the Public Service Act 1999 commences the amended section has not yet been enacted or has been enacted but has not yet commenced, then the amending item commences immediately after the commencement of the amended section (CTA Bill s-cl.2(4)).

1.5. If an amending item in Schedule 1 of the CTA Bill is expressed to amend, or to amend a part of, or a specified subsection or definition (the amended provision) and at the time when the Public Service Act 1999 commences, the amended provision has not yet been enacted or has been enacted but has not yet commenced, then the amending item commences immediately after the commencement of the amended provision (CTA Bill s-cl.2(5)).

1.6. Where the CTA Bill amends another Act, but that other Act is repealed at or before the commencing time, then the amending item never commences (CTA Bill s-cl.2(6)).

1.7. There will also be specific commencing times for particular amendments in relation to the Employment and Training Amendment Act 1999 (CTA Bill s-cls.2(7)).

Part 2 - Repeals and amendments

Clause 3 - Schedules

2.1. The Acts specified in Schedule 1 will be amended or repealed as set out in that Schedule (CTA Bill cl.3).

2.2. The amendments can be divided into the following categories:

* changes in the provisions relating to staffing;

* removal of obsolete references to the Public Service Board (PSB);

* removal of references to the 1922 PSA s.87E which preserves certain rights in relation to leave;

* amendments to the superannuation legislation;

* remuneration and allowances;

* removal of references to reciprocal mobility;

* removal of references to Part IV mobility;

* changes for terms covered by the Default Translation Table; and

* other miscellaneous amendments to ensure appropriate links to the new APS employment framework.

2.3. Each of these categories is discussed below.

Staffing provisions

2.3.1. The 1922 PSA was originally drafted by reference to Secretaries of Departments of State (see 1922 PSA s.25).

2.3.2. These 1922 PSA staffing arrangements have been applied by other legislation constituting, or relating to, a Commonwealth body having APS staff. Two provisions were usually inserted in the legislation (the precise wording sometimes differed):

* the first provision stated that the staff of the body would be `persons appointed or employed under' 1922 PSA (see, e.g. WRA s-sec.83(1) in relation to the Industrial Registry and 1922 PSA s-sec.18B(1) in relation to the PSMPC); and

* the second provision stated that the head of the body would have all the powers of an APS Secretary relating to `the branch of the Australian Public Service comprising the staff' referred to in the first provision `as if that branch were a separate Department of the Australian Public Service' (see, e.g. WRA s-sec.83(2) in relation to the Industrial Registrar and 1922 PSA s-sec.18B(2) in relation to the Public Service Commissioner).

2.3.3. In the case of the Auditor-General and the Commissioner of Taxation, the staffing provisions were included in 1922 PSA itself (see 1922 PSA s-sec.25(4)), rather than in their constituting legislation.

2.3.4. Without changing the policy in the legislation being amended, the CTA Bill will replace all the current 1922 PSA staffing provisions with standard provisions that state that for the purposes of the PS Bill:

(a) the [person with the Secretary powers under the 1922 PSA] and the APS employees assisting the [person with the Secretary powers] will together constitute a Statutory Agency; and

(b) the [person with the Secretary powers under the 1922 PSA] will be the Agency Head of that Statutory Agency.

2.3.5. In these new staffing provisions the term `APS employee' will be expressed to have the same meaning as in the PS Bill.

2.3.6. The normal location for this provision in an Act will be in the section dealing with staffing matters at the moment. If there is no existing section about staffing matters, then an additional provision will be included to provide that the staff necessary to assist the [person with the Secretary powers under the 1922 PSA] will be required to be persons engaged under the PS Bill. This has been done for

* the Australian National Audit Office;

* the Australian Taxation Office.

2.3.7. An alternative amendment to the staffing provisions is provided for the Human Rights and Equal Opportunity Commission - set out in amendment to the Human Rights and Equal Opportunity Commission Act 1986 but depending on the timing of other amending legislation (see CTA Bill s-cls.3(2) and (3)).

2.3.8. A list of the Acts to be amended in relation to their staffing provisions is contained in Attachment B, Parts C and D, to the Explanatory Memo on the PS Bill.

2.3.9. Where a change to the staffing provisions in other legislation is made by the Schedule to the CTA Bill this is described in this Ex Memo as

`This changes the staffing provisions for...'

Obsolete references to the PSB

2.3.10. Some Acts have required that the terms and conditions of non-APS staff and of consultants be approved by the PSB (now, in effect, the Department of Employment, Workplace Relations and Small Business as the delegate of the Public Service Commissioner). Such requirements have already been deleted from some Acts

* the Public Service and Statutory Authorities Amendment Act 1985 repealed provisions requiring PSB approval for the terms and conditions of consultants engaged by statutory authorities; and

* the Prime Minister and Cabinet Legislation Amendment Act 1991 repealed provisions requiring PSB approval for the terms and conditions of non-APS staff.

2.3.11. However, there are still some Acts which retain an approval role for the Public Service Commissioner (as the successor to the PSB by virtue of s-sec.11(7) of the Administrative Arrangements Act 1987 - but by delegation to the Secretary of what is now DEWRSB - formerly DIR) in relation to the terms and conditions of non-APS staff:

* Aboriginal Affairs (Arrangements with the States) Act 1973;

* Australian Bureau of Statistics Act 1975;

* Australian Security Intelligence Organisation Act 1979;

* Commonwealth Electoral Act 1918;

* Governor-General Act 1974;

* High Court of Australia Act 1979;

* Mint Employees Act 1964;

* National Parks and Wildlife Conservation Act 1975;

* Statistics (Arrangements with States) Act 1956; and

* Supply and Development Act 1939.

2.3.12. In a devolved environment which emphasises the employer responsibilities of Commonwealth agencies, the retention of this central approval role is obsolete. Accordingly, a number of these Acts will be amended by the Schedule to the CTA Bill to remove this approval role.

2.3.13. Where such a change is made to other legislation by the Schedule to the CTA Bill this is described in this Ex Memo as

`This removes an obsolete reference to the PSB.'

References to 1922 PSA s.87E

2.3.14. After the new Part IV mobility provisions in the 1922 PSA came into effect on 15 March 1981, APS staff on first-tier mobility and `engaged in eligible public employment' were able to preserve, and to continue to accrue, their recreation and sick leave credits as if they were still employed in the APS (1922 PSA s.87E). While they are in eligible public employment they also generally continue to be covered by the Long Service Leave (Commonwealth Employees) Act 1976 (either directly or by virtue of 1922 PSA s.87F).

2.3.15. There are also provisions in various Acts which provide that the recreation leave entitlements of various statutory office holders will be as determined by the Remuneration Tribunal, `subject to' 1922 PSA s.87E. These Acts are listed at Attachment A.

2.3.16. These references to 1922 PSA s.87E will be removed, consequential on the repeal of Part IV of the 1922 PSA. Leave arrangements during the transitional period will be preserved (CTA Bill cl.6).

2.3.17. Where this reference to s.87E is removed from other legislation by the Schedule to the CTA Bill this is described in this Ex Memo as

`This removes a reference to 1922 PSA s.87E.'

Superannuation legislation

2.3.18. There will be a number of consequential amendments to the existing superannuation legislation in relation to APS staff and certain other people.

2.3.19. These amendments are not intended to have any effect on the operation of the superannuation schemes:

* Commonwealth Superannuation Scheme (`CSS') provided for by the Superannuation Act 1976; and

* Public Sector Superannuation Scheme (`PSS') provided for by the Superannuation Act 1990.

2.3.20. Amendments to the Superannuation Act 1976 and the Superannuation Act 1990 will ensure that, following the repeal of the 1922 PSA, persons who continue in eligible public employment (within the meaning of Part IV of the 1922 PSA) during the transitional period (within the meaning of Part 3 of the CTA Bill) and persons who after the end of the transitional period continues in the same eligible public employment in which they were engaged at the end of that period, will continued to be members of their respective Commonwealth superannuation scheme.

2.3.21. These rights might have been lost on repeal of the 1922 PSA if the respective amendments had not been made, because the membership rights of people who are compulsorily transferred out of the APS or who have moved voluntarily to other Commonwealth employment are based on the fact that they are covered by the mobility provisions of the 1922 PSA.

Remuneration and allowances

2.3.22. As a result of the devolution of the arrangements for setting SES salaries, it is intended to replace the link between the remuneration of Members of Parliament (`MPs') and SES Band 2 minimum salary with a link to some other office within the Remuneration Tribunal's jurisdiction.

2.3.23. Schedule 3 of the Remuneration and Allowances Act 1990 is amended to allow for the annual salary of MPs to be linked to either the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2 officer, or by regulation, and following advice from the Remuneration Tribunal, some other reference salary. Such a reference salary can be the annual salary applicable to an office under the determining authority of the Remuneration Tribunal or a salary identified by the Remuneration Tribunal from within the principal executive office classification.

2.3.24. This increases the options for linking the annual salary of MPs to the salaries within the determining jurisdiction of the Remuneration Tribunal. It ensures that the Tribunal is consulted in relation to any link that is drawn between the salary of MPs and salaries within its jurisdiction. They will be subject to regular review in accordance with the Remuneration Tribunal Act 1973.

2.3.25. The amendments will also expand the functions of the Tribunal to include an additional function for it to determine a classification structure for principal executive offices established under the Remuneration Tribunal Act 1973.

2.3.26. In addition the Remuneration Tribunal Act has been amended to reflect the provision of advice in relation to the terms and conditions (including remuneration and allowances) for the offices of Secretary, offices of Heads of Executive Agencies, the office of Public Service Commissioner and the office of Merit Protection Commissioner in accordance with the PS Bill and for the office of Parliamentary Service Commissioner, the office of Parliamentary Service Merit Protection Commissioner and offices of Secretary in accordance with the Parliamentary Service Bill.

2.3.27. The Tribunal is already empowered to give advice on the remuneration of executive offices and these amendments allow the range of offices that can be placed under this provision to be expanded by authorising the employing body to determine the terms and conditions applying to the offices and to override other provisions for this purpose. The employing body is required to obtain advice from the Tribunal if it wishes to make a determination which is not consistent with the Tribunal's principal executive office classifications.

Reciprocal mobility

2.3.28. There is a small number of bodies not staffed under the 1922 PSA that have what is termed `reciprocal mobility' arrangements with the APS. The staff of these authorities are able to apply for APS jobs that are advertised in the Commonwealth Gazette, even where those jobs would not otherwise be open to non-APS staff.

2.3.29. Currently these reciprocal mobility arrangements are with:

* ACT Public Service - s.6 of Australian Capital Territory Government Service (Consequential Provisions) Act 1994;

* Albury-Wodonga Development Corporation - s.22 of Albury-Wodonga Development Act 1973;

* Austrade - s.63 of Australian Trade Commission Act 1985; and

* Australian Security Intelligence Organisation (ASIO) - s.90A of Australian Security Intelligence Organization Act 1979.

2.3.30. There have also been reciprocal mobility arrangements with the Commonwealth Funds Management, but these have lapsed.

2.3.31. In addition, there is a number of other groups who have a similar level of access to APS jobs. These groups are listed in the Commonwealth Gazette at the beginning of the material dealing with APS vacancies under the heading: `eligibility to apply for vacancies notified in the Gazette'). Once such group is the staff of the Australian Secret Intelligence Service (ASIS) - notification under s.33A of 1922 PSA (Commonwealth Gazette No. PS1, 9 January 1997, p.7).

2.3.32. It is proposed that these reciprocal mobility provisions will all be discontinued. Similar access to APS jobs advertised in the Commonwealth Gazette will be conferred by Directions by the Public Service Commissioner (see PS Bill cl.11).

2.3.33. Where a reciprocal mobility provision is removed from another Act by the Schedule to the CTA Bill this is described in the Ex Memo as

`This removes a reciprocal mobility provision.'

Part IV Mobility

2.3.34. The 1922 PSA contains (in Part IV) complex provisions relating to the rights of APS staff who leave the APS to work for non-APS Commonwealth agencies.

2.3.35. These provisions operate in most cases without any related provisions in the legislation constituting the non-APS agency to which the APS staff have moved. However, in some cases, other Acts have included references to these mobility provisions or have applied analogous provisions.

2.3.36. The new APS employment framework established under the PS Bill does not deal with mobility in the same way as the 1922 PSA and will leave these matters to be dealt with by Agency Heads under their general powers to grant leave without pay.

2.3.37. Accordingly, the CTA Bill will remove a number of references in other Acts to these mobility arrangements, e.g.

* Australian Capital Territory Government Service (Consequential Provisions) Act 1994;

* Australian Industry Development Corporation Act 1970;

* Commonwealth Electoral Act 1918;

* Governor-General Act 1974;

* Education Legislation Amendment Act 1997;

* Maternity Leave (Commonwealth Employees) Act 1973;

* Members of Parliament (Staff) Act 1984;

* Repatriation Institutions (Transfer) Act 1992;

* Special Broadcasting Service Act 1991; and

* Veterans' Entitlements Act 1986.

2.3.38. Where a mobility provision relating to 1922 PSA is removed from another Act by the Schedule to the CTA Bill this is described in the Ex Memo as

`This removes a mobility provision.'

2.3.39. Some other provisions relating to Part IV mobility have been left in other Acts because they contain historical references or are needed to assist with transitional arrangements.

Default Translation Table

2.3.40. There is a series of recurring expressions in other Acts that use the concepts relating to the staffing framework established by the 1922 PSA.

2.3.41. Examples of the types of provisions which use these concepts are:

* provisions that staff of particular bodies, or staff to perform or support particular functions, must be `persons appointed or employed under' 1922 PSA;

* delegation provisions; and

* `make available' provisions (i.e. provisions enabling an Agency head to arrange with other bodies to `make available' their staff to work in the Agency).

2.3.42. These expressions have been given a consistent translation by the CTA Bill unless the context requires otherwise. These translations are set out in the Default Translation Table (`DTT') at Attachment B to this Ex Memo. The DTT also lists a number of common terms which were not considered to require amendment.

2.3.43. Where a provision in another Act is amended by the Schedule to the CTA Bill in accordance with the Default Translation Table, this is described in the Ex Memo as

`This amends in accordance with the DTT.'

Merit Protection (Australian Government Employees) Act 1984

2.3.44. A number of other Acts contain references to the Merit Protection (Australian Government Employees) Act 1984 which will be repealed by the CTA Bill.

2.3.45. A number of these references are historical or refer to Merit Protection and Review Agency (`MPRA') matters which may be incomplete when the PS Bill commences. These references (which will need to be retained) are contained in the following Acts:

* Members of Parliament (Staff) Act 1984, ss.3, 17, 24;

* Albury-Wodonga Development Act 1973, para.22(5)(a); and s-paras 22(5)(d)(ii), (d)(iii), (e)(ii), (e)(iii);

* Privacy Act 1988, Schedule;

* Australian Federal Police Act 1979, ss.29, 36B, 36C;

* Australian Security Intelligence Organization Act 1979 s-sec.90A(6), (9), (10);

* ACT Self-Government (Consequential Provisions) Act 1988, s.25 Schedule 4;

* Australian Trade Commission Act 1985, s.62;

* Australian Capital Territory Government Service (Consequential Provisions) Act 1994, s-sec.6(7), s.18; and

* Industrial Relations (Consequential Provisions) Act 1988, Schedule 2.

2.3.46. No changes are made to these provisions in the CTA Bill.

2.3.47. However, two of the references relate to the transfer of complaints, and will be amended to enable these complaints to be transferred to the Public Service Commissioner:

* Ombudsman Act 1976, s-sec.6(9), (10) and (11); and

* Privacy Act 1988, s-sec.50(1), (2) and (3).

2.3.48. Where an amendment is made by the Schedule to the CTA Bill to enable these complaints to be transferred to the Public Service Commissioner this is described in this Ex Memo as

`This enables a complaint to be transferred to the Public Service Commissioner.'

Miscellaneous

2.3.49. There is also a series of other changes to existing legislation:

* that are required to ensure that references to the previous 1922 PSA employment framework are now clearly linked to the new framework created by the PS Bill;

* but that are not capable of translation by reference to the DTT.

2.3.50. Examples of such amendments are those relating to references in other Acts to:

* unattached officers (e.g. in s-sec.3(1) of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994) - the concept of an unattached officer is related to the concept of office;

* `permanent head' of a particular Department of State (e.g. in s.31 of the Environment Protection (Alligator Rivers Region) Act 1978) - the Public Service Reform Act 1984 abolished the generic `Permanent Head' title and formally established `Secretary' as the standard title other than for the Parliamentary Departments;

* determinations under s.82D of the 1922 PSA (e.g. in s-sec.11(4) of the Trade Representatives Act 1933) - these references are converted to references to the corresponding provision (cl.24) of the PS Bill.

2.3.51. These amendments are described separately in this Ex Memo where they arise.

Part 3 - Transitional provisions

Clause 4 - Interpretation

3.1. The CTA Bill contains a number of interpretative provisions (CTA Bill cl.4).

Agency

3.1.1. The term `Agency' is used to describe an Agency within the meaning of the PS Bill, namely:

(a) a Department of State;

(b) an Executive Agency; or

(c) a Statutory Agency.

Agency Head

3.1.2. The term `Agency Head' is used to describe an Agency Head within the meaning of the PS Bill.

APS employee

3.1.3. The term `APS employee' is used to describe an APS employee within the meaning of the PS Bill, namely:

(a) a person who is engaged (under PS Bill cl.22) by an Agency Head as an employee for the purposes of the Agency; or

(b) a person who, following a machinery of government change, is engaged, or determined to become engaged (under PS Bill cl.72), by the Public Service Commissioner, as an APS employee in a specified Agency.

Classification

3.1.4. The term `classification' is used to include a level.

3.1.5. This will ensure that the term `classification' will also cover unattached Secretaries who do not have a normal `classification'.

Code of Conduct

3.1.6. The term `Code of Conduct' is used to describe the Code of Conduct within the meaning of the PS Bill.

Commencing time

3.1.7. The term `commencing time' is used to describe the time at which the PS Bill will commence (CTA Bill s-cl.2(1) refers).

3.1.8. The PS Bill is to commence on a day to be fixed by Proclamation.

Continuing employee

3.1.9. The term `continuing employee' is used to describe an employee within the meaning of the 1922 PSA other than:

* a short term employee (1922 PSA s.82AD);

* a fixed term employee (1922 PSA s.82AE);

* an overseas employee (1922 PSA s.82AF); or

* a person employed under a special employment program (1922 PSA s.82AG).

3.1.10. This term is relevant to the provision in the CTA Bill which converts the status of the existing APS staff covered by this definition to the status of non-SES employee under the PS Bill (see CTA Bill s-cl.5(7)).

Continuing SES officer

3.1.11. The term `continuing SES officer' is used to describe a Senior Executive Service (`SES') officer under 1922 PSA other than an SES officer appointed for a fixed term (under 1922 PSA s.44).

3.1.12. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5). A person covered by the term `continuing SES officer' will become an SES employee when the PS Bill commences (see CTA Bill s-cl.5(4)).

Core Department

3.1.13. The term `core department' is used to describe a Department of State under
1922 PSA s-sec.25(9).

Corresponding Agency

3.1.14. The term `corresponding Agency' is used to describe the Agency within the meaning of the PS Bill that is the body which corresponds to the Department within the meaning of the 1922 PSA so far as any individual APS staff member is concerned.

3.1.15. One use of this term will be to ensure that when the PS Bill commences all existing APS staff will go to the correct corresponding agency (see CTA Bill cl.5).

Disciplinary direction

3.1.16. The term `disciplinary direction' is used to describe a disciplinary direction made by an APS agency head under the 1922 PSA, including a direction following a court conviction, of:

* an officer (1922 PSA s.62 and 63);

* an unattached officer (1922 PSA s.63K, 63L and 63M); or

* an employee (1922 PS Regs r.167).

Eligible public employment

3.1.17. The term `eligible public employment' is used to describe that same term under the `mobility provisions' (Part IV) of 1922 PSA where it is defined (1922 PSA s-sec.87(1)) to mean:

(a) employment as the holder of a public office (itself defined); or

(b) employment by a Commonwealth authority (also defined).

First-tier person

3.1.18. The term `first-tier person' is used to describe:

(a) a person to whom Division 2 of Part  IV of the 1922 PSA applied immediately before the PS Bill commences; and

(b) a person to whom the Officers' Rights Declaration Act 1928 (`ORDA') applied because of preserved rights immediately before the PS Bill commences (1922 PSA s.87TA).

3.1.19. The term `first-tier person' is used in the provisions of the CTA Bill setting out the transitional arrangements in relation to the current mobility provisions.

3.1.20. If the transitional period for a `first-tier person' ends at the end of the relevant period (as defined in s-sec. 87D of the 1922 PSA) then the person becomes a `second-tier person' at the end of the relevant period.

Fixed-term Secretary

3.1.21. The term `fixed-term Secretary' is used to describe a Secretary of a Department of State who is appointed on a fixed-term basis (under 1922 PSA s.37).

3.1.22. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5). One use of this term will be to ensure that when the PS Bill commences persons of this status become Secretaries under the PS Bill for the unexpired portion of their original fixed term (see CTA Bill s-cl.5(1)).

Fixed-term SES officer

3.1.23. The term `fixed-term SES officer' is used to describe a person appointed as an SES officer under 1922 PSA s.44 on a fixed-term basis.

3.1.24. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5). A person covered by the term `fixed-term SES officer' will, when the PS Bill commences, become an SES employee, in the corresponding Agency (as defined) and with a corresponding classification, for a period equal to the unexpired part of the fixed term (see CTA
Bill s-cl.5(3)).

Locally engaged employee

3.1.25. The term `locally engaged employee' is used to describe a person engaged overseas by an Agency Head under PS Bill cl.74 to perform duties overseas.

3.1.26. The corresponding term that is used in the 1922 PSA is `overseas employee' (under s.82AF of the 1922 PSA).

Merit Protection Act

3.1.27. The term `Merit Protection Act' is used to describe the Merit Protection (Australian Government Employees) Act 1984 (referred to in this Ex Memo as `MP(AGE)A').

Modifications

3.1.28. The term `modifications' is used to include additions, omissions and substitutions effected by the CTA Bill.

New Act

3.1.29. The term `new Act' is used to describe the PS Bill which is being introduced at the same time as the CTA Bill.

New Act Department

3.1.30. The term `new Act Department' is used to describe a Department within the meaning of the PS Bill.

New Act Secretary

3.1.31. The term `new Act Secretary' is used to describe a Secretary within the meaning of the PS Bill.

Non-SES officer

3.1.32. The term `non-SES officer' is used to describe a person who under the 1922 PSA is an officer other than an SES officer.

3.1.33. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill s-cl.5(5)).

Old Act

3.1.34. The term `old Act' is used to describe the 1922 PSA.

Old Act Department

3.1.35. The term `old Act Department' is used to describe a Department under the 1922 PSA, which (in 1922 PSA s.7) defines a `Department' to mean:

`(a) any Department of the Service (other than a Department of the Service that has been abolished or the name of which has been altered) the name of which is specified, or deemed by virtue of section 7A to be specified, in Schedule 2; or

(b) a branch or part of the Service in relation to which a person has, under this Act or another Act, the powers of, or exercisable by, a Secretary as if that branch or part of the Service were a separate Department.'

Old Act employee

3.1.36. The term `old Act employee' is used to describe a person who under the 1922 PSA was an employee (see 1922 PSA, Part III, Division 10).

3.1.37. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5).

Old Act officer

3.1.38. The term `old Act officer' is used to describe a person who under the 1922 PSA was appointed or transferred to the APS as an `officer'.

3.1.39. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5).

Overseas engaged employee

3.1.40. The term `overseas engaged employee' is used to describe a person who was engaged overseas under the 1922 PSA (s.87AF) to perform duties overseas - described in 1922 PSA as an 'overseas employee'.

3.1.41. The corresponding term in the PS Bill (cl.74) is `locally engaged employee'.

3.1.42. The term `overseas engaged employee' is relevant to the provisions in the CTA Bill which convert the status of existing APS staff who are overseas employees under 1922 PSA to their corresponding status of locally engaged employee under the PS Bill (see CTA Bill s-cl.5(8)).

3.1.43. Persons who were overseas employees under 1922 PSA (s.87AF) will become locally engaged employees when the PS Bill commences.

Parliamentary Department

3.1.44. The term `Parliamentary Department' is used to describe one of the five Parliamentary Departments referred to in 1922 PSA s.9B which deals with the annual reports to Parliament by the Presiding Officers.

Precommencement misconduct

3.1.45. The term `precommencement misconduct' is used to describe conduct by a member of the APS before the PS Bill commences which was misconduct for the purposes of the disciplinary provisions of the 1922 PSA.

Second-tier person

3.1.46. The term `second-tier person' is used to describe:

(a) a person to whom Division 3 of Part IV of the 1922 PSA applied immediately before the PS Bill commences; and

(b) a person who becomes a second-tier person under cl. 6(6) of the CTA Bill.

3.1.47. The term `second-tier' person is used in the provisions of the CTA Bill setting out the transitional arrangements in relation to the current mobility provisions.

3.1.48. If the transitional period for a `first-tier person' ends at the end of the relevant period (as defined in s-sec. 87D of the 1922 PSA) then the person becomes a `second-tier person' at the end of the relevant period.

Statutory Agency

3.1.49. The term `Statutory Agency' is used to describe a Statutory Agency as defined in the PS Bill.

Statutory instrument

3.1.50. The term `statutory instrument' is used to describe:

(a) a law of the Commonwealth (other than the PS Bill);

(b) a law of an Australian Territory; or

(c) an instrument made under one of those laws.

3.1.51. By virtue of the AIA (para.17(p)), an Australian Territory is:

* the Australian Capital Territory;

* the Northern Territory;

* the Jervis Bay Territory;

* the Territory of Norfolk Island;

* the Territory of the Cocos (Keeling) Islands;

* the Territory of Christmas Island;

* the Territory of Ashmore and Cartier Islands;

* the Territory of Heard and McDonald Islands;

* the Territory of the Coral Sea Islands; and

* the Australian Antarctic Territory.

Term employee

3.1.52. The term `term employee' is used to describe a person who under the 1922 PSA is:

* a short-term employee (1922 PSA s.82AD);

* a fixed-term employee (1922 PSA s.82AE); or

* a person employed under a special employment program (1922 PSA s.82AG).

3.1.53. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill s-cl.5(6)).

Transitional s.82D determination

3.1.54. The term `transitional s.82D determination' is used to describe an existing s.82D determination under 1922 PSA which is in force when the PS Bill commences, subject to any amendments that are prescribed by the CTA Regs.

Transitional period

3.1.55. The term `transitional period' is used to describe the period during which the transitional arrangements will operate for persons on first-tier mobility (under 1922 PSA Part IV).

Unattached Secretary

3.1.56. The term `unattached Secretary' is used to describe a person who was an unattached Secretary within the meaning of 1922 PSA where the term is defined (1922
PSA s-sec.7(1)) to mean

`a person who

(a) is an unattached officer (not having a Senior Executive Service classification or a classification lower than the lowest Senior Executive Service classification); and

(b) immediately before becoming an unattached officer held an office referred to in paragraph (a) of the definition of `office of Secretary'.'

Clause 5 - Conversion of officers, employees etc.

3.2. The CTA Bill contains a series of provisions which will operate, when the PS Bill commences, to convert the status that existing APS staff will have under 1922 PSA into their corresponding status under the PS Bill (CTA Bill cl.5).

Fixed-term Secretaries

3.2.1. When the PS Bill commences, a person who was a Secretary of a Department of State holding office on a fixed-term basis (1922 PSA s.37) will become a Secretary of a Department of State as if he or she had been appointed under the PS Bill for a period equal to the unexpired part of the Secretary's existing term under 1922 PSA (CTA Bill s-cl.5(1)).

Public Service Commissioner

3.2.2. When the PS Bill commences, the Public Service Commissioner appointed under 1922 PSA (s.11) will become the Public Service Commissioner appointed under the PS Bill for a period equal to the unexpired part of his or her term under 1922 PSA (CTA Bill s-cl.5(2)).

Merit Protection Commissioner

3.2.3. When the PS Bill commences, the Merit Protection Commissioner appointed under MP(AGE) Act (s.63) will become the Merit Protection Commissioner appointed under the PS Bill for a period equal to the unexpired part of his or her term under 1922 PSA (CTA Bill s-cl.5(2A)).

Fixed-term SES Officer

3.2.4. When the PS Bill commences, a person who is at that time a fixed-term SES officer (under 1922 PSA s.44) will become an SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an APS employee under the PS Bill for a period equal to the unexpired part of the fixed term (CTA Bill s-cl.5(3)).

Continuing SES Officer

3.2.5. When the PS Bill commences, a person who is at that time an SES officer under the 1922 PSA, other than a fixed term SES officer (defined as a continuing SES officer), will become an SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an ongoing APS employee under the PS Bill (CTA Bill s-cl.5(4)).

Non-SES Officer

3.2.6. When the PS Bill commences, a person who is at that time a non-SES officer (under 1922 PSA) will become a non-SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an ongoing APS employee under the PS Bill (CTA Bill s-cl.5(5)).

Term Employees

3.2.7. When the PS Bill commences, a person who is at that time a term employee (under the 1922 PS Act) will become a non-SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an APS employee under the PS Bill for a period equal to the unexpired part of the period of engagement under the 1922 PSA (CTA Bill s-cl.5(6)).

Continuing Employees

3.2.8. When the PS Bill commences, a person who is at that time a continuing employee (under 1922 PSA) will become a non-SES employee in the corresponding Agency and with a corresponding classification as if he or she had been engaged as an ongoing APS employee under the PS Bill (CTA Bill s-cl.5(7)).

Overseas-Engaged Employees

3.2.9. When the PS Bill commences, a person who is at that time an overseas employee (under 1922 PSA s.82AF) will become engaged in the corresponding Agency and in an equivalent capacity as if he or she had been engaged as a locally-engaged employee under the PS Bill (CTA Bill s-cl.5(8)).

Application of PS Bill

3.2.10. Except where the CTA Bill otherwise expressly provides, the PS Bill will apply to existing APS staff in the same way as if they had actually been engaged or appointed under the PS Bill (CTA Bill s-cl.5(9)).

Clause 6 - Rights under Part IV of 1922 PSA - first-tier

Current law on officers' mobility

3.3.1. The original 1922 PSA contained no provisions about the rights of staff who went to work for non-APS Commonwealth agencies.

3.3.2. General provisions to deal with this matter were introduced with the Officers' Rights Declaration Act 1928 (ORDA). ORDA applied to officers employed under an Act specified in the Schedule to the ORDA (or under regulations made under an Act and section specified in that Schedule). Additionally, other Commonwealth Acts subsequently made provision for the ORDA to apply to the employment of APS officers in a wide range of separate authorities. By June 1973, employment in some 79 authorities, offices etc. was covered by the ORDA, rising to 115 by March 1981.

3.3.3. The ORDA was subject to only minor detailed amendments until its repeal by the Public Service Amendment Act 1978, the repeal becoming effective on 15 March 1981.

3.3.4. The ORDA was then replaced by the provisions now in Part IV of 1922 PSA. These provisions, although amended on 19 occasions since 1978, have remained substantially unchanged from the legislative framework then put in place, and have been generally known as the officers' mobility provisions.

3.3.5. At the time of its enactment, Part IV inserted 32 new substantive provisions into the Act in six Divisions. The legislation was, and is, of a complex and detailed nature, running originally to some 50 pages (up to 40 substantive provisions and 61 pages in current official Reprint No. 6 of the 1922 PSA).

3.3.6. The broad framework and key elements of the provisions of Part IV of the 1922 PSA may be summarised as follows.

3.3.7. Division 1 of Part IV (current s-sec.87-87B) contains special definitions and interpretation provisions. In particular, it draws a distinction between:

* bodies in respect of which the Commonwealth has legislative power (`Commonwealth authority and Commonwealth office'); and

* bodies and statutory offices in respect of which the Commonwealth does not have such legislative power (`public authority' and `public office'), with such bodies having to be prescribed in the Public Service Regulations (Part XI of the 1922 PS Regs refers) for Part IV to apply.

3.3.8. Division 2 of Part IV of the 1922 PSA (current ss.87C-87JC) deals with first-tier persons:

* Division 2 details the provisions applicable to officers who take up employment with an authority, or who are appointed to statutory offices, and have first-tier coverage (described in the CTA Bill as `first-tier persons'):

- it also addresses the circumstances of staff who are transferred to an independently-staffed Commonwealth authority (or to a non-Commonwealth authority with second-tier coverage), as a result of a transfer of functions to the authority;

- first-tier persons can, in effect, return to the APS at any time they please;

* The detailed provisions of Division 2 in relation to first-tier persons are:

- such officers are deemed to be on leave without pay from the APS, with such absences counting as 1922 PSA service for all purposes (1922 PSA s-sec.87(6));

- APS sick leave and recreation leave rights against the employing authority and as a condition of service of statutory office holders are preserved (1922 PSA s.87E);

- similarly long service leave entitlements are preserved where particular authorities are not covered by the provisions of the Long Service Leave (Commonwealth Employees) Act 1976 (`LSLA') (1922 PSA s.87F);

- the position held by an officer, at the time of attaining first-tier coverage, is declared to be vacant, with a similar provision applying where such an officer is promoted or transferred to an office in the APS but does not resume duty in that office within 30 days or such longer period as may be determined by the Public Service Commissioner (1922 PSA s.87G);

- officers who are identified as performing duties associated with a declared Commonwealth function, which has been, or is to be, transferred from an APS agency to an independently-staffed Commonwealth authority (or to a non-Commonwealth authority), and who are transferred to that authority, are deemed, on transfer, to have ceased to be APS officers and become persons to whom the (second-tier) provisions of Division 3 apply, with preservation of certain APS leave and superannuation entitlements (1922 PSA s.87J and s-sec.87K(2)).

3.3.9. Division 3 of Part IV of the 1922 PSA (current ss.87KAA-87SC) deals with second-tier persons:

* Division 3 applies to APS officers who, at the end of the initial three-year period of employment with an authority under Division 2 provisions, choose to remain in the employment of that authority, or another authority covered by Part IV, under second-tier provisions (described in the CTA Bill as `second-tier persons'):

- it also applies to APS officers who are transferred to an authority from the APS as a result of a transfer of APS functions to that authority;

* The detailed provisions of Division 3 in relation to second-tier persons are:

- the employment is counted for purposes of the LSLA unless the second-tier person elects, in writing, for the LSL entitlements to be determined otherwise (s.87L);

- officers covered by Division 3 can apply for promotion or transfer to APS vacancies, and exercise promotion appeal rights, as if they were still APS officers (1922 PSA s.87M);

- they have certain rights to apply for re-entry to the APS (other than by way of the s.87M entitlements), in circumstances of actual or prospective termination of employment by the non-APS authority (by way of foreshortening of a term appointment, retrenchment, annulment of appointment, termination of employment for reasons other than invalidity or resignation) and also refusal to re-engage following nullification of a conviction which had resulted in dismissal from the authority - decisions on such applications being made by an independent Reappointment Review Committee, formerly constituted under s.87T of the Act (repealed in 1984) and now established under the provisions of the MP(AGE)A (1922 PSA s.87N);

- the Public Service Commissioner can approve an application for reappointment to the APS where the Commissioner is satisfied that special circumstances (e.g. compassionate grounds) so justify (1922 PSA s.87R);

3.3.10. A summary of the remaining Divisions of Part IV of the 1922 PSA is as follows:

* Division 4 (current ss.87TA-87V) enables continued application of the provisions of the repealed ORDA, and the former s.6 of the Trade Commissioners Act 1933 (now the Trade Representatives Act 1933), to officers who were previously covered by those provisions, and who have not elected to be covered by the provisions of Part IV of the 1922 PSA

* Division 5 (current ss.87X-87ZCA) provides for the correction of certain inequities which had resulted from the transfer of APS officers to various authorities prior to, and in the light of, the enactment of Part IV

* Division 6 (current ss.87ZD-87ZG) contains various machinery provisions bearing on the operation of the other Divisions of Part IV.

Comments on current law

3.3.11. The McLeod Report commented on 1922 PSA Part IV as follows:

`4.63 These provisions are complex and impose requirements on departments to release and accept staff with minimal notice, which inhibits effective staff management. They were introduced in a significantly different environment to that which exists now. In particular there has been

* an increase in the diversity of Commonwealth employment outside the APS;

* large-scale redundancies in organisations employing staff with
re-entry rights to the APS; and

* downsizing in many departments.'

3.3.12. The ADMF Paper commented (pp.29-30) that

`...The arrangements are extremely complex...Such conditions represent a considerable liability for public service agencies. In the private sector, such mobility arrangements are normally dealt with on the basis of management agreeing to extend unpaid leave to employees for a set period. This should also be the model for the APS. It is proposed that under the new Act Secretaries have the discretion to determine arrangements that best meet the needs of their organisations. They will be able to grant periods of leave with or without pay and to decide whether it counts for service. This will provide a low cost, easily administered arrangement to enable mobility between the APS and non-APS public employment.

Existing Part IV mobility provisions will be removed. Employees who wish to take up non-APS employment--including under the Governor-General Act 1974 and the Members of Parliament (Staff) Act 1984 (MOPS Act)--will have to resign or seek leave from their agency. Similarly APS employees taking up statutory appointments will do so on the basis of arrangements made with their Secretary.

It is seen as necessary to set in place appropriate transitional arrangements to apply to those employees currently covered by the mobility provisions. At present some 50 000 people working outside the APS retain some mobility (return) rights. It is proposed that employees presently outside the APS under `first-tier' or `second-tier' arrangements (including employees who are statutory office holders, and who are employed under the MOPS Act or the Governor-General Act) will continue to be covered by current arrangements for a period of one year from implementation of the new legislation.'

Transitional arrangements - first-tier

3.3.13. The first-tier transitional arrangements will apply to a `first-tier person', defined as (CTA Bill cl.4):

(a) a person to whom 1922 PSA Division 2 of Part IV applied immediately before the PS Bill commences; or

(b) a person to whom the ORDA applied immediately before the PS Bill commences because of 1922 PSA s.87TA.

3.3.14. These first-tier transitional arrangements will apply during a transitional period, which is defined as starting when the PS Bill commences and ending at the earliest of the following (CTA Bill cl.4):

(a) a period to be fixed by the CTA Regs after the PS Bill commences;

(b) the time when the person ceases to be in eligible public employment (within the meaning of 1922 PSA Part IV);

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

(d) the end of the first-tier period (fixed under 1922 PSA s-sec.87D(5)) and described in 1922 PSA as the `relevant period' - normally three years but can be extended at present by an Agency Head under delegation from the Public Service Commissioner.

3.3.15. In relation to para. 3.3.14(a), the JCPA Report recommended (recommendation 20) that the transitional period for people with mobility rights should be three years. The Government has accepted that recommendation and appropriate instructions will be provided to ensure that the transitional regulations are drafted to that effect.

3.3.16. During the transitional period a first-tier person will be taken to be absent from duty as an APS employee on leave without pay (CTA Bill s-cl.6(1)).

3.3.17. If the transitional period for a `first-tier person' ends at the end of the relevant period (as defined in s-sec.87D of the 1922 PSA) then the person becomes a `second-tier person' at the end of the relevant period (CTA Bill s-cl.6(6)).

Transitional arrangements - leave credits

3.3.18. The following leave conditions apply currently to APS officers on first-tier mobility:

* recreation leave:

- officers take with them their unused APS credits;

- future recreation leave credits accrue as if first-tier employment were in the APS;

- on 1 January immediately following commencement in the Part IV organisation, the officer is credited with recreation leave as if the previous calendar year had all been service in the APS (determined under 1922 PSA s-sec.87E(4));

- APS conditions on the period of availability of credits (the `deeming' provisions) and payment in lieu continue to apply;

* sick leave:

- officers take with them their unused APS credits;

- future sick leave credits accrue as if first-tier employment were in the APS;

- APS sick leave conditions continue to apply;

* long service leave:

- officers continue to be covered by the LSLA; and

* all other conditions of employment will be those of the Part IV organisation.

3.3.19. Service by a first-tier person during the transitional period will be counted, for the purposes of accrual of recreation leave credits and sick leave credits, as if it were service as an APS employee (CTA Bill s-cl.6(2)).

Transitional arrangements - resignation

3.3.20. A first-tier person will be deemed to have resigned as an APS employee at the end of the transitional period unless, before the end of the transitional period (CTA Bill s-cl.6(3)):

(a) the person has given written notice to the Agency Head, stating that the person intends to resume duties as an APS employee on the first working day after the end of the transitional period; or

(b) the person has been granted leave for a period that consists of or includes the first working day after the end of the transitional period.

3.3.21. If the person gives a notice about resuming duty, but is absent from duty without leave on the first working day after the end of the transitional period, then the person will be deemed to have resigned as an APS employee at the end of that first working day (CTA Bill s-cl.6(4)).

3.3.22. If a person would have ceased to be an officer under the 1922 PSA at a particular time because of 1922 PSA s.87JA or 87JB (if 1922 PSA had not been repealed), then the person will be deemed to have resigned as an APS employee at that time (CTA Bill s-cl.6(5)).

Transitional arrangements - LWOP

3.3.23. The JCPA Report recommended (recommendation 19) that the Prime Minister should exercise the power under cl.21 of the PS Bill to issue a general direction to Agency Heads, requiring them to grant leave without pay to APS employees to take up statutory appointments, employment under the MOPS Act or employment under the Governor-General Act 1974. The direction will also cover existing APS staff who may need to seek an extension to their current leave of absence arrangements. APS employees granted leave under these arrangements would have an automatic right of return to their former Agency. The Government has accepted this recommendation in principle and the matter will be addressed further after passage of the PS Bill.

Clause 7 - Rights under Part IV of 1922 PSA - second-tier

Gazette access

3.4.1. Currently, a second-tier person has certain rights to apply for APS jobs (set out above - see 1922 PSA s.87M).

3.4.2. It is proposed that access to jobs advertised in the Commonwealth Gazette will continue, as part of the access to be provided through Directions issued by the Public Service Commissioner (see PS Bill s.11).

Right of re-engagement

3.4.3. A person to whom Division 3 of Part IV of the 1922 PSA applied (defined as a `second-tier person') immediately before the PS Bill commences will be entitled to be
re-engaged as an APS employee (CTA Bill s-cl.7(1)):

* in accordance with the CTA Regs; and

* within time limits prescribed by the CTA Regs.

3.4.4. The CTA Regs will be able to prescribe exceptions to the entitlement (CTA
Bill s-cl.7(2)).

3.4.5. The scheme proposed to be set out in the CTA Regs will be along the following lines: Agency Heads will be required to reappoint a second-tier person who applies for re-engagement if the following conditions are met:

* the application is made within the transitional period to be fixed by the CTA Regs;

* the application is made while the applicant is still in eligible public employment or if eligible public employment has ceased:

- where the cessation was because the person had been notified that he or she was excess: within 28 days of the notification;

- in any other case: within 30 days of the cessation;

* the applicant has not received a redundancy benefit while in eligible public employment (cf 1922 PSA ss.87SA-87SC); and

* the applicant satisfies the Agency Head that if Division 3 were still in force the person would satisfy one or other of the prescribed conditions of reappointment set out in 1922 PSA s-sec.87N(2).

3.4.6. The JCPA Report recommended (recommendation 20) that the transitional period for people with mobility rights should be three years. The Government has accepted that recommendation and appropriate instructions will be provided to ensure that the transitional regulations are drafted to that effect.

3.4.7. It is proposed that the CTA Regs would also provide that the reappointment would be at the same classification as the person had before ceasing to be an `officer' within the meaning of the 1922 PSA or, if there is no longer such a classification, at such a classification as the Agency Head considers appropriate.

Leave credits

3.4.8. During the transitional period a second-tier person's entitlement to any recreation and sick leave credits on reappointment to the APS will be in accordance with the relevant Agency's certified agreement, or an Australian workplace agreement, or as determined by the relevant Agency Head.

3.4.9 Access to long service leave is determined in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.

Clause 8 - Retirement and redeployment of Secretaries

Current law

3.5.1. On 1 October 1984 Secretaries ceased to be subject to the Commonwealth Employees (Redeployment and Retirement) Act 1979 (`CE(RR)A'). Since then the redeployment and retirement of Secretaries has been regulated by Division 8A of Part III of 1922 PSA. Its key features are:

* its non-application to a Secretary appointed on a fixed-term basis (1922 PSA s-sec.37(15));

* the option of retiring at age 55 (or such other minimum age as might be prescribed) (1922 PSA s.76B);

* the requirement to retire at age 65 (or such other maximum age as might be prescribed), subject to any approved extension of employment beyond that age (1922 PSA s.76C);

* retirement by the Governor-General, on the basis of report and investigation by the PSB (now the Public Service Commissioner) on grounds that the Secretary was `inefficient or incompetent or...because of physical or mental incapacity, incapable of performing his duties' (1922 PSA s.76D);

* a broad, general power enabling the Governor-General to terminate the appointment of a person to an office of Secretary, that person thereby becoming an unattached Secretary (1922 PSA s.76E);

* a requirement for the PSB (now Public Service Commissioner) to seek to find appropriate duties and alternative employment for an unattached Secretary. In the event that action in these terms was seen as unlikely to produce a successful outcome within a reasonable time, the PSB (now Public Service Commissioner) could either redeploy the unattached Secretary to an office having the highest SES classification or agree to an election from that person to be retired from the APS (1922 PSA s.76F); and

* allowing the PSB (now the Public Service Commissioner) to utilise the s.82D determination provisions to offer a specified benefit (separation payment) to an unattached Secretary agreeing to retire from the APS, without prior resort to exploring redeployment options within the APS (1922 PSA s.76FA - added by Public Service Legislation (Streamlining) Act 1986).

3.5.2. With the exception of the insertion of certain provisions which interact with superannuation legislation in relation to invalidity retirements (1922 PSA s.76D refers in particular), the Division 8A provisions have not been subject to any major amendment since enactment.

Transitional arrangements

3.5.3. Subject to any modifications prescribed by regulations, Division 8A of Part III of 1922 PSA (outlined above) will continue to apply to a person who is an unattached Secretary within the meaning of the 1922 PSA when the PS Bill commences (CTA Bill cl.8).

3.5.4. It is not currently envisaged that any regulations will be necessary.

Clause 9 - Determinations under s.82D of the old Act

Current law

3.6.1. The current determination-making powers (1922 PSA s.82D) enable determinations to be made about terms and conditions of employment (including employment overseas) of APS employees. Following the abolition of the Public Service Board in 1987, these powers were held by the Public Service Commissioner, and, by delegation, the Secretary of the DEWRSB.

3.6.2. On 17 February 1998, the then Department of Workplace Relations and Small Business made a consolidated determination under 1922 PSA s.82D relating to domestic conditions of employment. That determination, 1998/5, brought together all relevant, previously existing, s.82D determination provisions into one determination instrument. Over 900 obsolete determinations have been consequently repealed.

3.6.3. Other remaining determinations relate to conditions applicable overseas. The power to amend determination 1994/162, relating to terms and conditions of Australia-based staff performing duties overseas, was progressively subdelegated to APS agencies from 1997. The power to amend determination 1990/1, relating to terms and conditions of locally engaged staff overseas, was subdelegated to the Department of Foreign Affairs and Trade in 1996.

Transitional arrangements

3.6.4. When the PS Bill comes into operation each Agency Head will be deemed to have made a determination (called in the CTA Bill a `continued determination') containing the terms of any determination under 1922 PSA s.82D that is in force immediately before the PS Bill commences (called in the CTA Bill a `transitional 82D determination') (CTA Bill s-cl.9(1)).

3.6.5. The remaining s.82D determinations will thereby lose their APS-wide application and each continued (consolidated) determination will be able to be amended or revoked by the Agency Head in the same way as if the Agency Head had made the determination under PS Bill cl.24.

3.6.6. The continued (consolidated) determinations will operate for a transitional period of up to three years. During that time, Agency Heads will be required to review their provisions and make their own determinations. Where they wish to retain some or all of the terms of the consolidated determination, they will need to include them in their own determinations or in agreements made under the WRA.

Clause 10 - Misconduct

Current law

3.7.1. The present framework of disciplinary provisions was put in place by the Public Service Amendment Act 1978. It replaced procedures established by the 1922 PSA which had undergone few significant modifications since the time of their original enactment, and which were derived in turn from the 1902 PSA and comparable provisions in the preceding Public Service legislation of the Australian colonies.

3.7.2. The PS Bill contains:

* a new Code of Conduct (see PS Bill cl.13); and

* a power for Agency Heads to establish procedures to deal with misconduct in accordance with procedural fairness (see PS Bill cl.15).

Transitional arrangements

3.7.3. The transitional arrangements in relation to misconduct before the PS Bill commences will be as follows (CTA Bill cl.10):

* where an APS employee was charged before this Bill commences and the charge was dealt with to finality: no action will be possible under the PS Bill;

* where an APS employee was charged before the commencement of the PS Bill and the charge was not dealt with to finality: transitional regulations will be made to enable the matter to be completed under 1922 PSA; and

* where an APS employee was not charged before the commencement of the PS Bill: the Agency Head will be able to impose the same sanctions as are allowed under the PS Bill provided that the conduct was both misconduct under the 1922 PSA and a breach of the new Code of Conduct.

3.7.4. This approach is the same as that taken when the current disciplinary provisions were inserted by the Public Service Amendment Act 1978 (see s.49 of that Act).

Clause 11 - Secretaries of Core Departments

3.8.1. Secretaries of Departments of State will now be known generally as `Secretary of' the particular Department, rather than as `Secretary to' the particular Department (see PS Bill s-cl.56(4)).

Transitional arrangements

3.8.2. When the PS Bill commences, the title of each Secretary of a Department of State will change to the new form (CTA Bill s-cl.11(1)).

3.8.3. References to the old form (`Secretary to') in any other Commonwealth or Territory law will be read as a reference to the new form (`Secretary of')(CTA Bill s-cl.11(2)).

Clause 12 - Parliamentary Departments

Current law

3.9.1. Provisions relating to the operation of the Parliamentary Departments have been included in Commonwealth public service legislation since Federation.

3.9.2. Officers of the Senate, House of Representatives, Parliamentary Library, Parliamentary Reporting Staff and of the Joint House Committee were deemed to constitute separate Departments under the 1902 Act. Actions or approvals which the Act otherwise vested in the Public Service Commissioner, a Permanent Head or a Chief Officer were to be variously regarded as being taken or given by the Presiding Officers or the respective heads of the parliamentary departments, as appropriate to the particular context (see 1902 PSA s.14).

3.9.3. The 1922 PSA re-enacted s.14 of the 1902 PSA provisions (s.9) in essentially the same form, but with some added provisions. The 1922 PSA also provided for specification of the Parliamentary Departments and their heads in the relevant Schedules to the 1922 PSA in the form in which they continue to appear in the current Schedules 2 and 3.

3.9.4. Since 1922, the parliamentary officer provisions have evolved progressively to the form in which they now appear (in 1922 PS Act ss.9, 9A, 9AA, 9AB, 9B and 76G). They now variously make provision for the creation and staffing of offices, the terms and conditions of employment of staff and the submission of annual reports to Parliament by the Presiding Officers.

Parliamentary Service Bill 1997

3.9.5. In May 1997, the Government announced that the Parliamentary Departments would not be covered by the PS Bill 1997 but would be covered under separate legislation.

3.9.6. The Parliamentary Service Bill 1997 was introduced into the Parliament on 23 October 1997. It provide for the establishment of a separate Parliamentary Service encompassing, at its commencing time, the structure and staffing of the existing Parliamentary Departments.

3.9.7. The then intention was that the Parliamentary Service Bill 1997, and the associated Parliamentary Service (Consequential Amendments) Bill 1997, would commence on 1 January 1998, at the same time as the Public Service Bill 1997 was intended to commence.

3.9.8. Following the passage of both Bills through the House of Representatives, the Senate made similar amendments to the Parliamentary Service Bill 1997 as it had done to the Public Service Bill 1997. No amendments were made to the associated Consequential Amendments Bill. Both Bills were returned to the House of Representatives at the end of November 1997.

3.9.9 On 5 December 1997, the Minister Assisting the Prime Minister for the Public Service informed the House of Representatives that the Government had rejected the amendments made to the Parliamentary Service Bill 1997, for the same reasons that it had rejected the amendments made by the Senate to the Public Service Bill 1997. As a consequence, the Parliamentary Service legislation would also be returned to the Senate unchanged after three months. Both Parliamentary Service Bills were formally laid aside in the House of Representatives on 5 December 1997.

3.9.10. The Parliamentary Service Bill was subsequently reintroduced into the House of Representatives on 28 June 1999, and, apart from four changes, is the same Bill passed by the House of Representatives in October 1997.

Transitional arrangements

3.9.11. In the event that the Parliamentary Service legislation is not reintroduced or is reintroduced but does not commence at the same time as the PS Bill, the 1922 PSA will continue to apply to the Parliamentary Departments as if that Act had not been repealed (CTA Bill cl.12). This will make it clear that the five Parliamentary Departments will continue to have a separate transitional existence until new Parliamentary Service legislation is enacted.

3.9.12. Section 12 of the CTA Bill (current cl.12) will be repealed on enactment of new Parliamentary legislation.

Clause 13 - References to `officer' etc.

3.10.1. There will be a generic interpretation provision to ensure that in any other Commonwealth or Territory law, other than the Acts Interpretation Act 1901, unless the contrary intention appears (CTA Bill s-cl.13(1)):

(a) references in general terms to an officer will include references to a Secretary or an APS employee under the PS Bill;

(b) references to an officer of the Commonwealth will include references to a new Act Secretary or an APS employee under the PS Bill;

(c) references to an officer or employee of a particular Department or Statutory Agency will include references to an APS employee in that Department or Statutory Agency;

(d) references to a person occupying, holding or performing the duties of an office in a particular Department or Statutory Agency will include references to an APS employee in that Department or Statutory Agency;

(e) references to an employee of a particular Department will include references to a locally-engaged employee in that Department;

(f) references in general terms to an office will include references to a position occupied by an APS employee (see also PS Bill s-cl.77(3) covering APS employees not in a position); and

(g) references to an office in a particular Department or Statutory Agency include references to a position occupied by an APS employee in that Department or Statutory Agency.

3.10.2. This generic interpretation provision will apply to all Departments and not just the Department whose Minister is responsible for the Bill (CTA Bill s-cl.13(2), i.e. it displaces AIA s-sec.19A(3)).

Clause 14 - Regulations

3.11.1. The Governor-General will have a general regulation-making power in relation to matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the CTA Bill (CTA Bill s-cl.14(1)).

3.11.2. This power will not be limited by the specific regulation-making powers set out below (CTA Bill s-cl.14(2)).

Transitional and savings

3.11.3. CTA Regs will also be able to be made to deal with a range of transitional matters (CTA Bill s-cl.14(3)):

(a) the continuation of various things that had begun under the 1922 PSA or the MP(AGE)A and their effects under the PS Bill:

(i) appointments, re-instatements, transfers, promotions, advancements, classifications, or retirements;

(ii) inquiries into misconduct where a person was charged under the 1922 PSA;

(iii) appeals against disciplinary directions;

(iv) performance of functions under MP(AGE)A;

(v) review of decisions under MP(AGE)A; or

(vi) investigation of grievances under MP(AGE)A;

(b) the continuation of suspensions under 1922 PSA;

(c) the review of decisions made under 1922 PSA before the PS Bill commences, the effects of those reviews, and the powers available to a person or body conducting such a review;

(d) the powers available to persons conducting these reviews;

(e) arrangements, agreements, etc., under 1922 PSA about reciprocal services between Commonwealth, State and Territory governments; and

(f) any other transitional or savings matters.

3.11.4. These CTA Regs will be able to (CTA Bill s-cl.14(4)):

* continue in force the 1922 PSA or the MP(AGE)A for the purposes of the CTA Regs; and

* prevail, to the extent of any inconsistency, over:

- the 1922 PSA;

- the PS Bill;

- the MP(AGE)A; and

- the generic interpretation provision (see CTA Bill cl.13) dealing with references to `officer', etc.

Consequential amendments

3.11.5. The CTA Regs will be able to make consequential amendments to other Acts and to include any necessary transitional or savings provisions (CTA Bill s-cl.14(5)). This would cover amendments to Acts that had been amended by the Schedule to the CTA Bill. This power might be needed to deal with a Principal Act that is amended by Schedule 1, but needs further amendment because of Bills in the Parliament that amend the Principal Act.

3.11.6. Any consequential amendment to an Act will be able to be incorporated into the body of the Act itself (CTA Bill s-cl.14(6)).

Commencement of regulations

3.11.7. Any regulations made during the first 12 months after the CTA Bill commences will be able to commence before the day they are made, but not before the CTA Bill commences (CTA Bill s-cl.14(7)). This will cover cases such as Bills in Parliament that become Acts after the CTA Bill commences and need to be amended retrospectively back to their own commencement date.

Other regulation-making powers

3.11.8. The general provisions for regulations will not limit any other regulation making power in the CTA Bill (CTA Bill s-cl.14(8)).

3.11.9. The CTA Bill also contains in other provisions the following specific powers to make regulations relating to:

* the transitional period for first-tier rights (see CTA Bill cl.4);

* amendments of transitional s.82D determinations under 1922 PSA (each of which then becomes `a continued determination' by an Agency Head - see CTA Bill cl.4 and cl.9);

* entitlements to re-engagement of persons with second-tier mobility rights (see CTA Bill cl.7);

* retirement and redeployment of Secretaries (see CTA Bill cl.8); and

* the application of repealed Acts to Parliamentary Departments (see CTA Bill cl.12).

SCHEDULE 1 - REPEALS AND AMENDMENTS

This Schedule contains the amendments of Acts consequential upon the commencement of the Public Service Act 1999. The item numbers refer to the amendments in the Schedule to the CTA Bill. References to `that Act' are to the Act being amended by the relevant item of the Schedule.

Aboriginal and Torres Strait Islander Commission Act 1989

Aboriginal and Torres Strait Islander Commission

1.1 This removes a reference to 1922 PSA s.87E for an ATSIC Commissioner (in s.35 of that Act).

1.2 This removes a reference to 1922 PSA s.87E for the ATSIC CEO (in s.49 of that Act).

1.3 This changes the APS staffing provisions for the Aboriginal and Torres Strait Islander Commission (s.55 of that Act). The staffing powers will remain vested in the CEO of the Commission.

1.4 As above.

Office of Evaluation and Audit

1.5 This removes a reference to 1922 PSA s.87E for the ATSIC Director of Evaluation and Audit (in s.77C of that Act).

1.6 This amends s.77E of that Act which requires the ATSIC Director of Evaluation and Audit to make a disclosure of financial interests equivalent to that required of members of the SES. This amendment is in accordance with the DTT para. (n) - A.

Regional Councils

1.7 This amends s.124C of that Act which requires an Administrator of a Regional Council to make a disclosure of financial interests equivalent to that required of members of the SES. This amendment is in accordance with the DTT para. (n) - A.

1.8 This removes a reference to 1922 PSA s.87E for an Administrator of a Regional Council (in s.124E of that Act).

1.9 This removes a reference to 1922 PSA s.87E for the Chairperson of a Regional Council (in s.127D of that Act).

Torres Strait Regional Authority

1.10 This amends s.143P of that Act which requires each member of the Torres Strait Regional Authority (TSRA) to make a disclosure of financial interests equivalent to that required of members of the SES. This amendment is in accordance with the DTT para. (n) - A.

1.11 This removes a reference to 1922 PSA s.87E for the Chairperson of the TSRA (in s.143Z of that Act).

1.12 This removes a reference to 1922 PSA s.87E for the General Manager of the TSRA (in s.144K of that Act).

1.13 This changes the APS staffing provisions for the Torres Strait Regional Authority (TSRA - s.144R of that Act). The staffing powers will remain vested in the TSRA General Manager.

1.14 As above.

1.15 This removes a reference to 1922 PSA s.87E for a TSRA Administrator (in s.144ZK of that Act).

1.16 This amends s.144ZM of that Act which requires a TSRA Administrator to make a disclosure of financial interests equivalent to that required of a member of the SES. This amendment is in accordance with the DTT para. (n) - A.

Indigenous Land Corporation

1.17 This removes a reference to 1922 PSA s.87E for the Chairperson of the Indigenous Land Corporation (s.192D of that Act).

Aboriginal Hostels Limited

1.18. This changes the APS staffing provisions for Aboriginal Hostels Limited (s.200 of that Act). The staffing powers will remain vested in the General Manager of Aboriginal Hostels Limited.

1.19 As above.

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

1.20 This amends s.30 of that Act which enables the Attorney-General or an APS officer authorised by the Attorney-General to grant legal or financial assistance in connection with specified applications, declarations or proceedings. This amendment is in accordance with the DTT para. (f) - B.

1.21 This is consequential on the DTT amendment above.

Aboriginal and Torres Strait Islander Heritage Protection Act 1999

1.22 This removes a reference to 1922 PSA s.87E.

1.23 This amends in accordance with the DTT para. (n) - A.

1.24 This amends in accordance with the DTT para. (d) - B.

1.25 This amends in accordance with the DTT para. (d) - A.

1.26 This amends in accordance with the DTT para. (n) - B.

Aboriginal Councils and Associations Act 1976

1.27 This amends s-sec.4(4) of that Act which requires the Registrar and Deputy Registrars of Aboriginal Corporations to be APS members. This amendment is in accordance with the DTT para. (f) - C.

Aboriginal Land Rights (Northern Territory) Act 1976

1.28 This amends s-sec.23E(3) of that Act which allows the communication of information to specified persons. This amendment translates references to `Permanent Head' to `Secretary'.

1.29 This amends s.54C of that Act which enables the Attorney-General or an APS officer authorised by the Attorney-General to grant assistance in respect of legal representation at an inquiry into a traditional land claim. This amendment is in accordance with the DTT para. (f) - B.

1.30 This is consequential on the DTT amendment above.

1.31 This amends s.59 of that Act which requires the staff assisting an Aboriginal Lands Commissioner to be `persons appointed or employed' under 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.

ACIS Administration Act 1999

1.32 This amends in accordance with the DTT para. (n) - A.

Acts Interpretation Act 1901

1.33 This inserts a new s.17AA in that Act, providing for definition of the following terms, each of which in any enactment will have the same meaning as in the PS Bill.

* acting SES employee

* APS employee

* SES employee

1.34 This ensures that the reference to a Secretary in para.19B(3)(a) of the AIA, which deals with references to abolished offices of Secretary, continues as a reference to a Secretary of a Department of State within the meaning of the PS Bill.

1.35 This ensures that a reference to a Secretary in para.19BA(3)(a) of the AIA, which deals with changed administrative arrangements, continues as a reference to a Secretary of a Department of State within the meaning of the PS Bill.

1.36 This amends s.19C of that Act to provide that a reference in any Act to an officer is to be taken to include reference to an APS employee as now to be defined in new AIA s.17AA (item 1.33 above refers).

1.37 This amends s.21 of that Act to provide that a reference in any Act to an `office' includes a position occupied by an APS employee, and any reference to an `officer' includes an APS employee.

1.38 This amends s.25B of that Act to provide that a reference to an `office' includes a position occupied by an APS employee.

1.39 As above, but amends s-sec.33(2) of that Act.

1.40 As above, but amends ss.33A of that Act.

Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal

1.41 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Administrative Appeals Tribunal (`AAT') (s.12 of that Act).

1.42 This removes a reference to 1922 PSA s.87E for the AAT Registrar (s.24G of that Act).

1.43 This amends s-sec.24N(3) of that Act which requires the AAT District Registrars, Conference Registrars, Deputy Registrars and staff to be APS members. This amendment is in accordance with the DTT para. (d) - B.

1.44 This amends s-sec.24N(4) of that Act which gives the AAT Registrar the power to arrange with other Commonwealth bodies for their staff to be made available to the AAT. This amendment is in accordance with the DTT para. (c).

1.45 This amends in accordance with the DTT para. (h) - A.

1.46 This changes the APS staffing provisions for the Administrative Appeals Tribunal (s.24P of that Act). The staffing powers will remain vested in the AAT Registrar.

Administrative Review Council

1.47 This amends s.57 of that Act which requires the staff of the Administrative Review Council to be APS members. This amendment is in accordance with the DTT para. (d) - B.

Administrative Arrangements Act 1987

1.48 This amends s.19 of that Act which enables the Secretary of a Department to declare that a reference in an instrument to a Secretary is to be read as a reference to an unattached Secretary or an SES officer. This amendment of s-sec.19(1) is in accordance with the DTT para. (n) - B.

1.49 As above - this amendment of s-sec.19(2) of that Act is in accordance with the DTT para. (n) - B.

Administrative Decisions (Judicial Review) Act 1977

1.50 This amends Schedule 2 of that Act which lists the classes of decisions that are not decisions in relation to which reasons may be obtained under s.13 of that Act. The paragraph of the Schedule being amended is para. (r) dealing with `decisions relating to promotions, transfers, temporary performance of duties, or appeals against promotions or selections for temporary performance of duties, of or by individual officers of the Australian Public Service'. This amendment is in accordance with the DTT para. (f) - A.

1.51 This amends Schedule 2 of that Act which lists the classes of decisions that are not decisions in relation to which reasons may be obtained under s.13 of that Act. The paragraph of the Schedule being amended is para. (s) dealing with `decisions relating to transfers or promotions under section 53A of the Public Service Act 1922'. Section 53A of 1922 PSA deals with the promotion of officers who complete courses of training for special positions. There is no equivalent provision in the PS Bill. Accordingly, this amendment omits the current exclusion of transfers or promotions under 1922 PSA s.53A.

1.52 This amends Schedule 2 of that Act which lists the classes of decisions that are not decisions in relation to which reasons may be obtained under s.13 of that Act. The paragraph of the Schedule being amended is para. (t) dealing with decisions relating to appointments or engagements of staff in the public sector. This amendment is in accordance with the DTT para. (k).

1.53 This amends Schedule 2 of that Act which lists the classes of decisions that are not decisions in relation to which reasons may be obtained under s.13 of that Act. The paragraph of the Schedule being amended is para. (w) dealing with `decisions relating to the making or terminating of appointments of Secretaries under the Public Service Act 1922'. This amendment is in accordance with the DTT para. (k).

Affirmative Action (Equal Employment Opportunity for Women) Act 1986

1.54 This changes the staffing provisions for the Affirmative Action Agency (s.29 of that Act). The staffing powers will remain vested in the Director of Affirmative Action.

1.55 As above.

Aged Care Act 1997

1.56 This repeals the definition of `officer' (in cl.1 of schedule 1 of that Act). Paragraph 13(1)(c) of the CTA Bill will translate references to `an officer of the Department'.

Aged Care Income Testing Act 1997

1.57 This repeals the definition of `officer' (in s.3 of that Act). Paragraph 13(1)(c) of the CTA Bill will translate references to `an officer of the Department'.

Agricultural and Veterinary Chemicals (Administration) Act 1992

1.58 This amends s.11 of that Act which enables the National Registration Authority for Agricultural and Veterinary Chemicals (established by s.6 of that Act - NRA) to delegate its powers and functions to, among others, `(e) an officer of, or person employed in, a Department' of the APS. This amendment is in accordance with the DTT para. (d) - A.

1.59 This removes a reference to 1922 PSA s.87E for the CEO of the NRA (s.39 of that Act).

1.60 This amends a `make available' provision in s.46 of that Act. This amendment is in accordance with the DTT para. (h) - A.

1.61 This amends s.69F of that Act which enables the NRA to appoint, among others, `persons appointed or employed under' the 1922 PSA to be inspectors. This amendment is in accordance with the DTT para. (d) - B.

Agricultural and Veterinary Chemicals Products (Collection of Interim Levy) Act 1994

1.62 This amends in accordance with the DTT para. (d) - B.

Aircraft Noise Levy Collection Act 1995

1.63 This amends para.10(3)(a) of that Act which enables the Secretary to delegate to an SES officer in the Secretary's Department power to remit some or all of the late payment penalty. This amendment is in accordance with the DTT para. (n) - B.

1.64 This amends s-sec.14(3) of that Act which enables the Secretary to delegate to an SES officer in the Secretary's Department power to authorise an officer to be able to seek information under s-sec.14(1) of that Act. This amendment is in accordance with the DTT para. (n) - B.

1.65 This amends s.17 of that Act which enables the Minister for Finance to delegate to an SES officer the Minister's power to enter into an agreement for collecting a levy imposed by the Aircraft Noise Levy Act 1995 or a late-payment penalty. This amendment is in accordance with the DTT para. (n) - B.

1.66 This amends para.18(3)(a) of that Act which enables the Secretary to delegate to an SES officer in the Secretary's Department power to give a signed evidentiary certificate under s-sec.18(1). This amendment is in accordance with the DTT para. (n) - B.

Airline Equipment (Loan Guarantee) Act 1972

1.67 This amends s-para.4(d)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised `officers employed in the Commonwealth Service' will have reasonable access to the financial accounts of the companies involved. This amendment is in accordance with the DTT
para. (f) - A.

1.68 This amends s-para.4(d)(ii) of that Act of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT para. (f) - A.

Airline Equipment (Loan Guarantee) Act 1976

1.69 This amends s-para.5(d)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.

1.70 This amends in accordance with the DTT para. (f) - A.

Airline Equipment (Loan Guarantee) Act 1977

1.71 This amends s-para.5(d)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.

1.72 This amends s-para.5(d)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT para. (f) - A.

Airline Equipment (Loan Guarantee) Act 1978

1.73 This amends s-para.5(d)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.

1.74 This amends s-para.5(d)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT
para. (f) - A.

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

1.75 This amends s-para.6(e)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.

1.76 This amends s-para.6(e)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial amounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT
para. (f) - A.

Airline Equipment (Loan Guarantee) Act 1980

1.77 This amends s-para.5(e)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.

1.78 This amends s-para.5(e)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT
para. (f) - A.

Airline Equipment (Loan Guarantee) Act 1981

1.79 This amends s-para.5(e)(i) of that Act which provides that the Treasurer will not give a guarantee of certain loans unless there are undertakings that authorised APS officers will have reasonable access to the financial accounts of the companies whose loans are being guaranteed. This amendment is in accordance with the DTT para. (f) - A.

1.80 This amends s-para.5(e)(ii) of that Act which provides that the Treasurer will also not give such a guarantee unless the companies concerned give undertakings about similar access for the authorised APS officers to the financial accounts of entities in which those companies have a controlling interest. This amendment is in accordance with the DTT para. (f) - A.

Airports Act 1996

1.81 This amends s.244 of that Act which enables the Minister responsible for that Act to delegate to an SES officer the Minister's power under that Act or under a demand management scheme. This amendment is in accordance with the DTT para. (n) - B.

1.82 This omits a definition of `SES office' consequential on the above amendment.

1.83 This amends s.249 of that Act which enables the Secretary to delegate to an SES officer in the Secretary's Department power to cause the movement of a disrepaired or abandoned aircraft. This amendment is in accordance with the DTT para. (n) - B.

1.84 This omits a definition of `SES office' consequential on the above amendment.

Air Services Act 1995

1.85 This removes a reference to 1922 PSA s.87E for a Full-Time Chairperson of the Board of Airservices Australia (AA - in s.30 of that Act).

Albury-Wodonga Development Act 1973

1.86 This amends s-sec.3(1) of that Act which contains a definition of the APS. This amendment is in accordance with the DTT para. (k).

1.87 This amends s.8 of that Act, which sets out the functions of the Albury-Wodonga Development Corporation. This amendment is in accordance with the DTT para. (h) - A.

1.88 This amends consequential on the above amendment and in accordance with the DTT para. (h) - A.

1.89 This amends a `make available' provision in s.21 of that Act. This amendment is in accordance with the DTT para. (c).

1.90 This amends s-sec.21(3) of that Act - consequential on the above amendment and in accordance with the DTT para. (b).

1.91 This removes a reciprocal mobility provision (s.22 of that Act).

A New Tax System (Australian Business Number) Act 1999

1.92 This amends in accordance with the DTT para. (c).

1.93 This amends in accordance with the DTT para. (c).

1.94 This amends the Dictionary in s.41 to distinguish between an Executive Agency and Statutory Agency under the Act at para. (c) from Department of State of the Commonwealth and Department of Parliament in paras (a) and (b) respectively.

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

1.95 This amends in accordance with the DTT para. (n) - A.

ANL Guarantee Act 1994

1.96 This amends s-sec.5(1) of that Act which enables the Treasurer to delegate the Treasurer's powers under that Act to an SES officer in the Treasury. This amendment is in accordance with the DTT para. (n) - B.

1.97 This amends s-sec.5(2) of that Act - consequential on the preceding amendment.

Anti-Personnel Mines Convention Act 1998

1.98 This amends in accordance with the DTT para. (n) - B.

1.99 This amends in accordance with the DTT para. (n) - B.

Archives Act 1983

1.100 This amends the definition of `Director-General' (of the Australian Archives) in s-sec.3(1) of that Act. This amendment is in accordance with the DTT para. (k).

1.101 This amends s.7 of that Act which provides that there shall be a Director-General of the Australian Archives. This amendment is in accordance with the DTT para. (f) - B.

1.102 This amends s.9 of that Act which requires the staff of the Australian Archives to be `persons appointed or employed' under 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.

1.103 This amends s-sec.34(8) of that Act which enables the Minister responsible for the Act to delegate to a Permanent Head the Minister's power to issue certificates that specified records are exempt records.

Auditor-General Act 1997

1.104 This changes the APS staffing provisions for the Australian National Audit Office (in s-sec.40(1) of that Act). The staffing powers will remain vested in the Auditor-General.

1.105 As above.

1.106 This removes a reference to 1922 PSA s.87E for the Auditor-General (in sub-cl.4(1) of the Schedule 1 of that Act).

Australia Council Act 1975

1.107 This removes a reference to 1922 PSA s.87E for a Full-Time Chairperson of the Australia Council (s.12 of that Act).

1.108 This amends s.16 of that Act which enables a Chairperson of a Board established under that Act to appoint a deputy. This amendment is in accordance with the DTT para. (d) - B (but the word `appointed' remains in that Act so Agency Heads are still covered).

1.109 This removes a reference to 1922 PSA s.87E for the General Manager of the Australia Council (in s.19C of that Act).

Australia-Japan Foundation Act 1976

1.110 This amends s.20 of that Act which requires the staff of the Australia-Japan Foundation to be `persons appointed or employed' under 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.

Australian Bicentennial Road Development Trust Fund Act 1982

1.111 This amends s.26 of that Act which enables the Minister responsible for that Act to delegate to an APS officer various of his powers under that Act. This amendment is in accordance with the DTT para. (f) - B.

Australian Broadcasting Corporation Act 1983

1.112 This removes a reference to 1922 PSA s.87E for the Managing Director of the Australian Broadcasting Corporation (in s.14A of that Act).

Australian Bureau of Statistics Act 1975

1.113 This amends s.6 of that Act dealing with the functions of the Australian Bureau of Statistics. This amendment is in accordance with the DTT para. (h) - A.

1.114 This changes the APS staffing provisions for the Australian Bureau of Statistics (s.16 of that Act). The staffing powers remain vested in the Australian Statistician.

1.115 This removes an obsolete reference to the PSB in s-sec.16(3) of that Act dealing with the terms and conditions of persons engaged by the Australian Statistician under that Act.

1.116 This continues the change to the APS staffing provisions (s.16 of that Act).

Australian Capital Territory Government Service (Consequential Provisions) Act 1994

Definitions

1.117 This repeals the definition of `unattached officer' in s-sec.3(1) of that Act. This is a consequential amendment as the concept of an unattached officer is not used in the PS Bill.

Mobility

1.118 This removes a reciprocal mobility provision in ss.6 and 7 of that Act.

Personnel files

1.119 This amends and saves the provision for the transfer of personnel files (s.8 of that Act) on the establishment of the separate ACT Government Service. This amendment to
s-sec.8(1) of that Act makes it clear that the provision applies to situations that arose before the PS Bill will commence.

1.120 As above.

1.121 As above - consequential on preceding amendment to s-sec.8(2).

1.122 As above.

1.123 As above.

Arrangements relating to staff

1.124 This amends a `make available' provision in s.10 of that Act in accordance with the DTT para. (c).

1.125 As above - but in accordance with the DTT para. (h) - A.

1.126 As above - in accordance with the DTT para. (c).

Mobility

1.127 This repeals Part 3 of that Act which dealt with mobility between Parliamentary Departments and the ACT Government Service.

1.128 This removes a mobility provision (in s.24 of that Act).

Leave entitlements

1.129 This amends s.25 of that Act which deals with the leave entitlements of a member of the ACT Government Service who joins the APS. The aim of s.25 of that Act is to preserve leave entitlements accrued in ACT Government Service. This amendment of
s-sec.25(1) ensures that when the PS Bill commences, s.25 of that Act will operate in relation to engagements under the PS Bill.

1.130 As above.

1.131 As above - this amendment of s-sec.25(3) of that Act is in accordance with the DTT para. (f) - D.

1.132 As above - this amendment of s-secs.25(3) and (4) is in accordance with the
DTT para. (k).

1.133 As above - this amendment of s-sec.25(4) is in accordance with the
DTT para. (f) - D.

1.134 As above - this amendment of s-sec.25(4) is in accordance with the
DTT para. (f) - A.

1.135 As above - this amendment of s-sec.25(5) is in accordance with the
DTT para. (f) - D.

1.136 This, and the next amendment, bring up to date a reference (in s.25 of that Act) to an award provision which is now included in the current APS General Conditions of Employment Award 1995.

1.137 As above.

Leave payments

1.138 This amends s.26 of that Act which seeks to ensure that payments for recreation and long service leave do not automatically have to be paid when there is a movement between the APS and the ACT Government Service. This amendment of s-para.26(2)(a)(i) is in accordance with the DTT para. (k). (The reference to the 1922 PSA in s-sec.26(1) is an historical reference and has been left unchanged in accordance with DTT para. (l) - A).

1.139 This omits a reference to s.6 of that Act which is to be repealed - item 1.107. refers.

1.140 This amends para.26(3)(b) of that Act in accordance with the DTT para. (l) - A plus para. (k).

Australian Capital Territory (Planning and Land Management) Act 1988

1.141 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Authority (in s.38 of that Act).

1.142 This changes the APS staffing provisions for the National Capital Authority (s.47 of that Act). The staffing powers will remain vested in the Chief Executive of the Authority.

1.143 As above.

Australian Centre for International Agricultural Research Act 1982

1.144 This amends s.19 of that Act dealing with the constitution of the Policy Advisory Council established under (s.17 of) that Act. This amendment is in accordance with the DTT para. (o) - A.

1.145 This removes a reference to 1922 PSA s.87E for the Director of the Australian Centre for International Agricultural Research (in s.26 of that Act).

1.146 This changes the APS staffing provisions for the Australian Centre for International Agricultural Research (s.30 of that Act). The staffing powers will remain vested in the Director of the Centre.

1.147 As above.

'Make available' provision

1.148 This amends a `make available' provision in s.31 of that Act in accordance with the DTT para. (c).

1.149 As above, but in accordance with the DTT para. (h) - A.

Australian Communications Authority Act 1997

1.150 This removes a reference to 1922 PSA s.87E for a Full-Time Member or a Full-Time Associate Member of the Authority (in s.35 of that Act).

1.151 This changes the APS staffing provisions for the Australian Communications Authority (s.40 of that Act). The staffing powers will remain vested in the Chairman of the Authority.

1.152 As above.

Australia New Zealand Food Authority Act 1991

1.153 This amends the `make available' provision in s.38 of that Act. This amendment is in accordance with the DTT para. (c).

1.154 As above - in accordance with the DTT para. (h) - A.

1.155 This amends para.39(7)(a) of that Act dealing with confidential commercial information in accordance with the DTT, para. (c).

1.156 As above - in accordance with the DTT para. (b).

1.157 This changes the APS staffing provisions for the Australia New Zealand Food Authority (s.53 of that Act). The staffing powers will remain vested in the Chairperson of the Authority.

1.158 As above.

Australian Federal Police Act 1979

1.159 This removes a reference to 1922 PSA s.87E.

1.160 This amends s.31 of that Act by inserting new s.secs(3A) and (3B) to preserve the appointment of a person to the Australian Federal Police, where the person elected to return under s.30 of that Act, before the commencement of the PS Bill and the appointment ends after the commencement of the PS Bill, notwithstanding the provisions of cls.6 and 7 of the CTA Bill.

Australian Film Commission Act 1975

1.161 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian Film Commission (s.18 of that Act).

Australian Film, Television and Radio School Act 1973

1.162 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Council of the Australian Film, Television and Radio School (s.17 of that Act).

Australian Hearing Services Act 1991

1.163 This amends the definition of `referred Commonwealth employee' in s-sec.8(10) of that Act in accordance with the DTT para. (d) - B.

1.164 This makes a change, consequential on the above amendment.

1.165 This amends s.67 of that Act dealing with the protection of confidential information. S-sec.67(7) provides for the disclosure of information to enable the performance of arrangements under the `make available' provision of that Act (s.68). This amendment of para.67(7)(a) is in accordance with the DTT para. (c).

1.166 As above - but in accordance with the DTT para. (h) - A.

1.167 This amends a `make available' provision in para.68(a) of that Act for an APS agency or another Commonwealth authority. This amendment is in accordance with the DTT para. (c).

1.168 This amends paras 68(d) and (e) consequential on the amendment of para.68(a).

1.169 This amends para.69(b) of that Act which enables the responsible Minister to delegate specified powers to a person in an SES office in the relevant Department or in Australian Hearing Services. This amendment is in accordance with the DTT para. (n) - B.

Australian Heritage Commission Act 1975

1.170 This amends the definition of `department' in s-sec.3(1) of that Act. The amendment is in accordance with the DTT para. (h) - A.

1.171 This amends s-sec.12(3) of that Act which seeks to ensure that less than half of the Commissioners of the Australian Heritage Commission are Commonwealth employees. This amendment is in accordance with the DTT para. (d) - A.

1.172 This amends s.32 of that Act which requires staff of the Australian Heritage Commission to be `persons appointed or employed under' 1922 PSA. This amendment is in accordance with the DTT para. (d) - B.

1.173 This amends a `make available' provision in s.33 of that Act in accordance with the DTT para. (h) - A.

1.174 As above - in accordance with the DTT para. (h) - A.

Australian Industry Development Corporation Act 1970

1.175 This repeals a Part IV mobility provision (in s.29W of that Act).

1.176 This amends the definition of `associated person' in para.34E(6)(c) of that Act to provide for a person appointed or engaged under the PS Bill. This amendment is in accordance with the DTT para. (d) - A.

1.177 This amends para.34X(1)(c) of that Act by substituting a new para.(c) which relies on the new AIA definitions of `SES employee' and `acting SES employee'.

1.178 This repeals s-sec.34X(2) of that Act.

1.179 This amends para.37A(1)(c) of that Act by substituting a new para.(c) which relies on the new AIA definitions of `SES employee' and `acting SES employee'.

1.180 This repeals s-sec.37A(2) of that Act.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

1.181 This changes the APS staffing provisions for the Australian Institute of Aboriginal and Torres Strait Islander Studies (s.29 of that Act). The staffing powers will remain vested in the Principal of the Institute.

1.182 As above.

1.183 This removes a reference to 1922 PSA s.87E for the holder of an office entitled to recreation leave under s.45A of that Act.

Australian Institute of Health and Welfare Act 1987

1.184 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian Institute of Health and Welfare (in s.11 of that Act).

1.185 This changes the APS staffing provisions for the Australian Institute of Health and Welfare (s.19 of that Act). The staffing powers will remain vested in the Director of the Institute.

1.186 As above.

Australian Institute of Marine Science Act 1972

1.187 This removes a reference to 1922 PSA s.87E for the Director of the Australian Institute of Marine Science (in s.25 of that Act).

1.188 This amends s.34 of that Act dealing with the terms and conditions of officers of the Institute. This section provides in part that those officers are not subject to 1922 PSA. This amendment is in accordance with the DTT para. (k).

Australian Land Transport Development Act 1988

1.189 This amends s.39 of that Act which enables the responsible Minister to delegate specified powers to an APS officer. This amendment is in accordance with the DTT
para. (f) - B.

Australian Land Transport (Financial Assistance) Act 1985

1.190 This amends s.36 of that Act which enables the responsible Minister to delegate specified powers to an APS officer. This amendment is in accordance with the DTT
para. (f) - B.

Australian Law Reform Commission Act 1996

1.191 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian Law Reform Commission (in s.19 of that Act).

Australian Maritime Safety Authority Act 1990

1.192 This removes a reference to 1922 PSA s.87E for the Chairperson of the Australian Maritime Safety Authority (AMSA) (in s.17 of that Act).

1.193 This removes a reference to 1922 PSA s.87E for the CEO of AMSA (in s.51A of that Act).

1.194 This amends s.57 of that Act which enables the responsible Minister to delegate specified powers. This amendment removes a reference to `Associate Secretary' - no such concept in PS Bill.

1.195 As above - this amendment to para.57(b) is in accordance with the DTT

para. (n) - B.

Australian Meat and Live-stock Industry Act 1997

1.196 This deletes the definition of SES employee as the new AIA includes a definition of `SES employee' and `acting SES employee'.

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

1.197 This amends in accordance with the DTT para. (d) - B.

1.198 This amends in accordance with the DTT para. (d) - B.

Australian Meat and Live-stock (Quotas) Act 1990

1.199 This amends in accordance with the DTT para. (d) - B.

Australian National Maritime Museum Act 1990

1.200 This removes a reference to 1922 PSA s.87E for the Director of the Australian National Maritime Museum (in s.34 of that Act).

1.201 This changes the APS staffing provisions for the Australian National Maritime Museum (s.40 of that Act). The staffing powers will remain vested in the Director of the Museum.

1.202 As above.

1.203 This amends a `make available' provision in s.41 of that Act in accordance with the DTT para. (c).

1.204 As above, but in accordance with the DTT para. (h) - A.

Australian National Railways Commission Act 1983

1.205 This amendment substitutes a new definition of `associated person' in para.67AZB(5)(c) of that Act to provide for a person appointed or engaged under the PS Bill. This amendment is in accordance with the DTT para. (d) - A.

1.206 This amends para.67AZV(1)(c) of that Act by substituting a new para.(c) which relies on the new AIA definition of `SES employee' and `acting SES employee'.

1.207 This repeals s-sec.67AZV(2) of that Act.

Australian National Training Authority Act 1992

1.208 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian National Training Authority (ANTA - in s.30 of that Act).

1.209 This amends s.40A of that Act dealing with the secondment of a CEO from the public sector. This amendment and the subsequent amendment are in accordance with the DTT para. (d) - A.

1.210 As above.

1.211 This removes a reference to 1922 PSA s.87E for the CEO of ANTA (in s.43 of that Act).

1.212 This changes the APS staffing provisions for ANTA (s.45 of that Act). The staffing powers will remain vested in the CEO of the Authority.

1.213 As above.

1.214 This amends a `make available' provision in s.46 of that Act. This amendment and the subsequent amendment are in accordance with the DTT para. (d) - A.

1.215 As above.

Australian Nuclear Science and Technology Organisation Act 1987

ANSTO

1.216 This removes a reference to 1922 PSA s.87E for the Executive Director of the Australian Nuclear Science and Technology Organisation (ANSTO - in s.21A of that Act).

1.217 This amends a `make available' provision in s.24 of that Act in relation to ANSTO. This amendment is in accordance with the DTT para. (c).

1.218 As above, but in accordance with the DTT para. (h) - A.

Nuclear Safety Bureau

1.219 This removes a reference to 1922 PSA s.87E for the Director of the Nuclear Safety Bureau (in s.37J of that Act).

1.220 This amends a `make available' provision in s.37P of that Act in relation to the Bureau. This amendment is in accordance with the DTT para. (c).

1.221 As above, but in accordance with the DTT para. (h) - A.

Australian Protective Service Act 1987

1.222 This amends s-sec.9(1) of that Act dealing with the appointment of an APS member as a special protective service officer. This amendment is in accordance with the DTT para. (d) - A.

1.223 This amends s-sec.9(2) of that Act which requires the consent of the relevant Agency Head before the appointment of an APS member as a special protective service officer. This amendment is in accordance with the DTT para. (c).

1.224 This amends s.12 of that Act dealing with the issue of General Orders by the Director of the Protective Service. The amendments converts a reference to a 1922 PSA s.82D determination to a reference to a similar determination under cl.24 of the PS Bill.

Australian Prudential Regulation Authority Act 1998

1.225 This amends in accordance with the DTT para. (n) - B.

Australian Radiation Protection and Nuclear Safety Act 1998

1.226 This removes a reference to 1922 PSA s.87E.

1.227 This changes the APS staffing provisions for the Australian Radiation Protection and Nuclear Safety Authority (s.58 of that Act). The staffing powers will remain vested in the Chief Executive Officer of the Authority.

Australian Securities and Investment Commission Act 1989

Australian Securities and Investment Commission

1.228 This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Australian Securities and Investment Commission (ASIC - in s.113 of that Act).

1.229 This changes the APS staffing provisions for the Australian Securities and Investment Commission (s.120 of that Act).

1.230 As above.

1.231 This item and items 232, 233 and 234, amend s-secs.120(3), 120(4), 121(1) and 121(2) of that Act consequential on the preceding amendments of s.120.

1.232 As above.

1.233 As above.

1.234 As above.

1.235 This amends a `make available' provision in s.122 of that Act in relation to the ASIC. This amendment is in accordance with the DTT para. (h) - A. (The references to 1922 PSA in s.122A of that Act dealing with the staff of the National Companies and Securities Commission are historical references, and have been retained in accordance with the DTT para. (l) - A).

1.236 This amends s.125 of that Act dealing with notification of possible conflicts of interest to the ASIC. This amendment is in accordance with the DTT para. (d) - B.

Companies and Securities Advisory Committee

1.237 This changes the APS staffing provisions for the Companies and Securities Advisory Committee (CSAC - s.156 of that Act). The staffing powers will remain vested in the Convenor of that Committee.

1.238 As above.

1.