No. 146, 1999
No. 146, 1999
Contents
1 Short title...........................................................................................1
2 Commencement.................................................................................2
Part 2—Repeals and amendments 4 3 Schedule(s)........................................................................................4
Part 3—Transitional provisions 5 4 Interpretation.....................................................................................5 5 Conversion of officers, employees etc...............................................8 6 Rights under Part IV of the old Act—first tier.................................10 7 Rights under Part IV of the old Act—second tier............................11 8 Retirement and redeployment of Secretaries...................................11 9 Determinations under section 82D of the old Act............................12 10 Misconduct......................................................................................12 11 Secretariesof core Departments......................................................12 12 Parliamentary Departments .............................................................13 13 References in statutory instruments to “officer” etc........................13 14 Regulations......................................................................................14
Schedule 1—Repeals and amendments 17
Aboriginal and Torres Strait Islander Commission Act 1989 17
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 19
Aboriginal and Torres Strait Islander Heritage Protection Act 1999 19
Aboriginal Councils and Associations Act 1976 20
Aboriginal Land Rights (Northern Territory) Act 1976 20
ACIS Administration Act 1999 21
Acts Interpretation Act 1901 21
Administrative Appeals Tribunal Act 1975 22
Administrative Arrangements Act 1987 23
Administrative Decisions (Judicial Review) Act 1977 23
Affirmative Action (Equal Employment Opportunity for Women) Act
1986 24
Aged Care Act 1997 24
Aged Care Income Testing Act 1997 24
Agricultural and Veterinary Chemicals (Administration) Act 1992 25 Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 25 Aircraft Noise Levy Collection Act 1995 25 Airline Equipment (Loan Guarantee) Act 1972 26 Airline Equipment (Loan Guarantee) Act 1976 26 Airline Equipment (Loan Guarantee) Act 1977 26 Airline Equipment (Loan Guarantee) Act 1978 26 Airline Equipment (Loan Guarantee) Act (No. 2) 1978 27 Airline Equipment (Loan Guarantee) Act 1980 27 Airline Equipment (Loan Guarantee) Act 1981 27 Airports Act 1996 27 Air Services Act 1995 28 Albury-Wodonga Development Act 1973 28 A New Tax System (Australian Business Number) Act 1999 29 A New Tax System (Commonwealth-State Financial Arrangements) Act 1999 29 ANL Guarantee Act 1994 29 Anti-Personnel Mines Convention Act 1998 30 Archives Act 1983 30 Auditor-General Act 1997 30 Australia Council Act 1975 31 Australia-Japan Foundation Act 1976 31 Australian Bicentennial Road Development Trust Fund Act 1982 31 Australian Broadcasting Corporation Act 1983 32 Australian Bureau of Statistics Act 1975 32 Australian Capital Territory Government Service (Consequential Provisions) Act 1994 32 Australian Capital Territory (Planning and Land Management) Act 1988 35 Australian Centre for International Agricultural Research Act 1982 35 Australian Communications Authority Act 1997 36 Australia New Zealand Food Authority Act 1991 37 Australian Federal Police Act 1979 38 Australian Film Commission Act 1975 39 Australian Film, Television and Radio School Act 1973 39 Australian Hearing Services Act 1991 39 Australian Heritage Commission Act 1975 40 Australian Industry Development Corporation Act 1970 40 Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 41 Australian Institute of Health and Welfare Act 1987 42 Australian Institute of Marine Science Act 1972 42 Australian Land Transport Development Act 1988 42 Australian Land Transport (Financial Assistance) Act 1985 43 Australian Law Reform Commission Act 1996 43 Australian Maritime Safety Authority Act 1990 43 Australian Meat and Live-stock Industry Act 1997 43 Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997 43 Australian Meat and Live-stock (Quotas) Act 1990 44 Australian National Maritime Museum Act 1990 44 Australian National Railways Commission Act 1983 45 Australian National Training Authority Act 1992 45 Australian Nuclear Science and Technology Organisation Act 1987 46 Australian Protective Service Act 1987 47 Australian Prudential Regulation Authority Act 1998 47 Australian Radiation Protection and Nuclear Safety Act 1998 48 Australian Securities and Investments Commission Act 1989 48 Australian Security Intelligence Organisation Act 1979 49 Australian Space Council Act 1994 50 Australian Sports Commission Act 1989 50 Australian Sports Drug Agency Act 1990 51 Australian Tourist Commission Act 1987 51 Australian Trade Commission Act 1985 52 Australian War Memorial Act 1980 52 Australian Wine and Brandy Corporation Act 1980 53 Australian Wool Research and Promotion Organisation Act 1993 53 Bank Integration Act 1991 53 Bankruptcy Act 1966 53 Bounty (Books) Act 1986 53 Broadcasting Services Act 1992 54 Chemical Weapons (Prohibition) Act 1994 54 Child Support (Assessment) Act 1989 54 Child Support (Registration and Collection) Act 1988 54 Christmas Island Act 1958 55 Civil Aviation Act 1988 55 Classification (Publications, Films and Computer Games) Act 1995 55 Cocos (Keeling) Islands Act 1955 56 Commonwealth Authorities and Companies Act 1997 56 Commonwealth Bank Sale Act 1995 56 Commonwealth Electoral Act 1918 57 Commonwealth Grants Commission Act 1973 59 Commonwealth Inscribed Stock Act 1911 59 Commonwealth Legal Aid Act 1977 59 Commonwealth Serum Laboratories Act 1961 59 Commonwealth Services Delivery Agency Act 1997 60 Commonwealth Superannuation Board Act 1999 60 Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997 60 Complaints (Australian Federal Police) Act 1981 61 Constitutional Convention (Election) Act 1997 61 Construction Industry Reform and Development Act 1992 61 Co-operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978 62 Copyright Act 1968 62 Corporate Law Economic Reform Program Act 1998 62 Council for Aboriginal Reconciliation Act 1991 62 Crimes Act 1914 62 Crimes (Aviation) Act 1991 63 Criminology Research Act 1971 64 CSL Sale Act 1993 64 Customs Act 1901 64 Customs Administration Act 1985 64 Dairy Produce Act 1986 65 Debits Tax Administration Act 1982 65 Defence Act 1903 66 Defence Force Discipline Act 1982 66 Defence Force Discipline Appeals Act 1955 66 Defence Force Retirement and Death Benefits Act 1973 67 Defence Housing Authority Act 1987 67 Defence Service Homes Act 1918 68 Defence (Special Undertakings) Act 1952 68 Defence (Visiting Forces) Act 1963 68 Designs Act 1906 69 Development Allowance Authority Act 1992 69 Director of Public Prosecutions Act 1983 69 Disability Discrimination Act 1992 70 Disability Services Act 1986 70 Education Legislation Amendment Act 1997 71 Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 71 Employment, Education and Training Act 1988 71 Employment Services Act 1994 72 Endangered Species Protection Act 1992 73 Environment Protection (Alligator Rivers Region) Act 1978 73 Environment Protection and Biodiversity Conservation Act 1999 74 Equal Employment Opportunity (Commonwealth Authorities) Act 1987 74 Evidence Act 1995 77 Excise Tariff Act 1921 77 Family Law Act 1975 78 Federal Airports Corporation Act 1986 80 Federal Court of Australia Act 1976 81 Federal Magistrates Act 1999 82 Film Licensed Investment Company Act 1998 83 Financial Management and Accountability Act 1997 83 Financial Transaction Reports Act 1988 83 Financial Sector Reform (Amendments and Transitional Provisions) Act 1998 84 First Home Owners Act 1983 84 Fisheries Management Act 1991 84 Foreign Evidence Act 1994 85 Forestry and Timber Bureau Act 1930 85 Freedom of Information Act 1982 85 Fringe Benefits Tax (Application to the Commonwealth) Act 1986 85 Fringe Benefits Tax Assessment Act 1986 86 Governor-General Act 1974 86 Great Barrier Reef Marine Park Act 1975 86 Hazardous Waste (Regulation of Exports and Imports) Act 1989 87 Health Insurance Act 1973 87 Health Insurance Commission Act 1973 88 High Court of Australia Act 1979 88 Horticultural Policy Council Act 1987 89 Housing Assistance Act 1996 89 Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990 89 Human Rights and Equal Opportunity Commission Act 1986 89 Immigration (Education) Act 1971 90 Income Tax Assessment Act 1936 90 Income Tax Assessment Act 1997 91 Industrial Chemicals (Notification and Assessment) Act 1989 92 Industry Research and Development Act 1986 93 Inspector-General of Intelligence and Security Act 1986 94 International Air Services Commission Act 1992 94 International Transfer of Prisoners Act 1997 94 Judiciary Act 1903 95 Lands Acquisition Act 1989 95 Legislative Instruments Act 1997 95 Long Service Leave (Commonwealth Employees) Act 1976 95 Management and Investment Companies Act 1983 98 Maternity Leave (Commonwealth Employees) Act 1973 98 Meat Inspection Arrangements Act 1964 101 Members of Parliament (Staff) Act 1984 101 Merit Protection (Australian Government Employees) Act 1984 103 Migration Act 1958 103 Migration Legislation Amendment (Migration Agents) Act 1997 104 Motor Vehicle Standards Act 1989 104 National Crime Authority Act 1984 105 National Environment Protection Council Act 1994 105 National Gallery Act 1975 106 National Health Act 1953 106 National Health and Medical Research Council Act 1992 107 National Labour Consultative Council Act 1977 108 National Library Act 1960 108 National Museum of Australia Act 1980 109 National Occupational Health and Safety Commission Act 1985 110 National Parks and Wildlife Conservation Act 1975 110 National Roads Act 1974 111 National Road Transport Commission Act 1991 111 National Transmission Network Sale Act 1998 112 Native Title Act 1993 112 Natural Heritage Trust of Australia Act 1997 113 Natural Resources Management (Financial Assistance) Act 1992 114 Naval Defence Act 1910 114 Norfolk Island Act 1979 114 Nuclear Non-Proliferation (Safeguards) Act 1987 114 Occupational Health and Safety (Commonwealth Employment) Act 1991 115 Occupational Health and Safety (Maritime Industry) Act 1993 116 Office of National Assessments Act 1977 116 Ombudsman Act 1976 117 Overseas Students (Refunds) Act 1990 118 Ozone Protection Act 1989 119 Parliamentary Contributory Superannuation Act 1948 119 Parliamentary Counsel Act 1970 119 Patents Act 1990 120 Petroleum Excise (Prices) Act 1987 120 Petroleum Resource Rent Tax Assessment Act 1987 120 Plant Breeder’s Rights Act 1994 121 Pooled Development Funds Act 1992 121 Prawn Export Promotion Act 1995 121 Prices Surveillance Act 1983 121 Primary Industries Levies and Charges Collection Act 1991 121 Privacy Act 1988 121 Proceeds of Crime Act 1987 123 Productivity Commission Act 1998 123 Protection of Movable Cultural Heritage Act 1986 123 Public Lending Right Act 1985 124 Public Service Act 1922 124 Qantas Sale Act 1992 124 Racial Discrimination Act 1975 125 Radiocommunications Act 1992 125 Referendum (Machinery Provisions) Act 1984 125 Registration of Deaths Abroad Act 1984 126 Remuneration and Allowances Act 1990 126 Remuneration Tribunal Act 1973 127 Repatriation Institutions (Transfer) Act 1992 130 Reserve Bank Act 1959 130 Resource Assessment Commission Act 1989 131 Roads Grants Act 1974 131 Roads Grants Act 1980 131 Roads Grants Act 1981 131 Rural Adjustment Act 1992 132 Rural Adjustment Amendment Act 1999 132 Safety, Rehabilitation and Compensation Act 1988 132 Science and Industry Research Act 1949 133 Seafarers Rehabilitation and Compensation Act 1992 133 Seafarers Rehabilitation and Compensation Levy Collection Act 1992 133 Sea Installations Act 1987 134 Sex Discrimination Act 1984 134 Shipping Registration Act 1981 135 Ships (Capital Grants) Act 1987 135 Snowy Mountains Engineering Corporation Limited Sale Act 1993 135 Snowy Mountains Hydro-electric Power Act 1949 136 Social Security Act 1991 136 Social Security (Administration) Act 1999 136 Special Broadcasting Service Act 1991 136 Special Prosecutors Act 1982 137 States Grants (Education Assistance—Participation and Equity) Act 1983 137 States Grants (Petroleum Products) Act 1965 137 States Grants (Roads) Act 1977 137 States Grants (Schools Assistance) Act 1983 138 States Grants (Schools Assistance) Act 1984 138 Stevedoring Industry Charge Assessment Act 1947 138 Stevedoring Levy (Collection) Act 1998 138 Student Assistance Act 1973 139 Superannuation Act 1976 139 Superannuation Act 1990 145 Superannuation Benefits (Supervisory Mechanisms) Act 1990 146 Superannuation Contributions Tax (Assessment and Collection) Act 1997 147 Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 147 Superannuation Guarantee (Administration) Act 1992 148 Superannuation Industry (Supervision) Act 1993 148 Superannuation (Productivity Benefit) Act 1988 149 Superannuation (Resolution of Complaints) Act 1993 149 Sydney Airport Demand Management Act 1997 150 Taxation Administration Act 1953 150 Telecommunications Act 1997 151 Telecommunications (Interception) Act 1979 151 Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 151 Telstra Corporation Act 1991 152 Termination Payments Tax (Assessment and Collection) Act 1997 153 Textile, Clothing and Footwear Strategic Investment Program Act 1999 153 Therapeutic Goods Act 1989 154 Tobacco Charges Assessment Act 1955 154 Trade Marks Act 1995 154 Trade Practices Act 1974 155 Trade Representatives Act 1933 156 Transport (Planning and Research) Act 1974 157 Transport Planning and Research (Financial Assistance) Act 1977 157 Veterans’ Entitlements Act 1986 157 War Graves Act 1980 159 Wet Tropics of Queensland World Heritage Area Conservation Act 1994 159 Wildlife Protection (Regulation of Exports and Imports) Act 1982 159 Williamstown Dockyard Employees Act 1987 159 Wool Tax (Administration) Act 1964 160 Workplace Relations Act 1996 160 Workplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999 161
An Act to deal with consequential and transitional matters arising from the repeal of the Public Service Act 1922 and the enactment of the Public Service Act 1999, and for other purposes
[Assented to 11 November 1999]
This Act may be cited as the Public Employment (Consequential and Transitional) Amendment Act 1999.
then the amending item commences immediately after the commencement of the amended Act.
(4) If:
then the amending item commences immediately after the commencement of the amended section.
(5) If:
then the amending item commences immediately after the commencement of the amended provision.
In this Part, unless the contrary intention appears:
Agency means an Agency within the meaning of the new Act.
Agency Head means an Agency Head within the meaning of the new Act.
APS employee means an APS employee within the meaning of the new Act.
classification includes a level.
Code of Conduct means the Code of Conduct within the meaning of the new Act.
continuing employee means a person who was a continuing employee for the purposes of Division 10 of Part III of the old Act immediately before the commencing time.
continuing SES officer means an SES officer under the old Act, other than a fixed-term SES officer.
core Department means a Department as defined in subsection 25(9) of the old Act.
disciplinary direction means a direction under section 62, 63, 63K, 63L or 63M of the old Act (including those sections as applied by regulations made for the purposes of section 63T of the old Act).
eligible public employment means eligible public employment within the meaning of Part IV of the old Act.
fixed-term Secretary means a Secretary of a core Department who holds office on a fixed-term basis.
fixed-term SES officer means a person who held an appointment under section 44 of the old Act immediately before the commencing time.
locally engaged employee means a person engaged under section 74 of the new Act.
Merit Protection Act means the Merit Protection (Australian Government Employees) Act 1984.
modifications includes additions, omissions and substitutions.
new Act means the Public Service Act 1999.
new Act Department means a Department within the meaning of the new Act.
new Act Secretary means a Secretary within the meaning of the new Act.
non-SES officer means an officer under the old Act, other than an SES officer.
old Act means the Public Service Act 1922.
old Act Department means a Department within the meaning of the old Act.
old Act employee means an employee within the meaning of the old Act.
old Act officer means an officer within the meaning of the old Act.
overseas engaged employee means a person engaged under section 82AF of the old Act.
Parliamentary Department means a Parliamentary Department within the meaning of section 9B of the old Act.
pre-commencement misconduct means conduct of an old Act officer or old Act employee before the commencing time that was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act.
Statutory Agency means a Statutory Agency within the meaning of the new Act.
term employee means a person who, immediately before the commencing time, was:
transitional 82D determination means a determination under section 82D of the old Act that is in force immediately before the commencing time, subject to any amendments that are prescribed by the regulations under this Act.
transitional period, in relation to a first-tier person, means the period that starts at the commencing time and ends at the earliest of the following times:
unattached Secretary has the same meaning as in the old Act.
5 Conversion of officers, employees etc.
Fixed-term Secretaries
(1) At the commencing time, a fixed-term Secretary becomes a Secretary of the corresponding new Act Department, as if he or she had been appointed as a Secretary under the new Act for a period equal to the unexpired part of the fixed term.
Public Service Commissioner
(2) At the commencing time, the person holding office as the Public Service Commissioner under the old Act becomes the Public Service Commissioner under the new Act, as if he or she had been appointed as the Public Service Commissioner under the new Act for a period equal to the unexpired part of his or her term under the old Act.
Merit Protection Commissioner
(3) At the commencing time, the person holding office as the Merit Protection Commissioner under the Merit Protection (Australian Government Employees) Act 1984 becomes the Merit Protection Commissioner under the new Act, as if he or she had been appointed as the Merit Protection Commissioner under the new Act for a period equal to the unexpired part of his or her term under the Merit Protection (Australian Government Employees) Act 1984.
Fixed-term SES officer
(4) At the commencing time, a fixed-term SES officer becomes an SES employee:
as if he or she had been engaged as an APS employee under the new Act for a period equal to the unexpired part of the fixed term.
Continuing SES officer
(5) At the commencing time, a continuing SES officer becomes an SES employee:
as if he or she had been engaged as an ongoing APS employee under the new Act.
Non-SES officers
(6) At the commencing time, a non-SES officer becomes a non-SES employee:
as if he or she had been engaged as an ongoing APS employee under the new Act.
Term employees
(7) At the commencing time, a term employee becomes a non-SES employee:
(a) in the corresponding Agency; and
(b) with a corresponding classification; as if he or she had been engaged as an APS employee under the
new Act for a period equal to the unexpired part of the period of engagement under the old Act.
Continuing employees
(8) At the commencing time, a continuing employee becomes a non-SES employee:
as if he or she had been engaged as an ongoing APS employee under the new Act.
Overseas-engaged employees
(9) At the commencing time, an overseas-engaged employee becomes a non-SES employee:
as if he or she had been engaged as a locally engaged employee under the new Act.
New Act applies
(10) Except where this Act expressly provides otherwise, the new Act applies to a person who is taken, under this section, to have been appointed or engaged under the new Act in the same way as it applies to persons actually engaged or appointed under the new Act.
(a) the person has given notice in writing 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.
(4) If a person:
after the end of the transitional period; the person is taken to have resigned as an APS employee at the end of that first working day.
Subject to any modifications prescribed by the regulations, Division 8A of Part III of the old Act continues to apply (as if the old Act had not been repealed) to a person who was an unattached Secretary under the old Act immediately before the commencing time.
9 Determinations under section 82D of the old Act
10 Misconduct
11 Secretaries of core Departments
12 Parliamentary Departments
replacement reference means a reference that resulted from an amendment made by this Act or by regulations under this Act.
13 References in statutory instruments to “officer” etc.
(1) In any statutory instrument (other than the Acts Interpretation Act 1901), unless the contrary intention appears:
Agency include references to an APS employee in that Department or Statutory Agency; and
(2) If a reference in a statutory instrument to “the Department” is read as a reference to a particular Department because of subsection 19A(3) of the Acts Interpretation Act 1901, then that reference to “the Department” is a reference to a particular Department for the purposes of this section.
a Schedule to this Act or from amendments made by regulations under this section.
1 Subsection 35(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
2 Subsection 49(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
3 Subsection 55(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
4 Subsection 55(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
5 Subsection 77C(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
6 Subsection 77E(1)
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
7 Subsection 124C(1)
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
8 Subsection 124E(1)
Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.
9 Subsection 127D(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
10 Subsection 143P(1)
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
11 Subsection 143Z(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
12 Subsection 144K(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
13 Subsection 144R(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
14 Subsection 144R(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
15 Subsection 144ZK(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
16 Subsection 144ZM(1)
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
17 Subsection 192D(2)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
18 Subsection 200(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
19 Subsection 200(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
20 Subsection 30(2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
21 Subsection 30(2)
Omit “officer” (second and third occurring), substitute “public servant”.
22 Subsection 14(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
23 Subsection 16(1)
Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.
24 Section 20
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
25 Subsection 79(5) (paragraph (b) of the definition of authorised person)
Repeal the paragraph, substitute:
(b) a person appointed or engaged under the Public Service Act 1999 who is authorised in writing by the Attorney-General under this section.
26 Subsection 80(2)
Omit “a person who holds or performs the duties of a Senior Executive Service office under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.
27 Subsection 4(4)
Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
28 Paragraph 23E(3)(b)
Omit “Permanent Head” (wherever occurring), substitute “Secretary”.
29 Paragraph 54C(2)(b)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
30 Subsection 54C(2)
Omit “the officer” (wherever occurring), substitute “the public servant”.
31 Section 59
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
32 Subsection 115(1)
Omit “an SES officer (within the meaning of the Public Service Act 1922)”, substitute “an SES employee”.
33 After section 17
Insert:
17AA Definitions relating to the Australian Public Service
In any Act, unless the contrary intention appears:
acting SES employee has the same meaning as in the Public
Service Act 1999.
APS employee has the same meaning as in the Public Service Act
1999.
SES employee has the same meaning as in the Public Service Act
1999.
34 Paragraph 19B(3)(a)
Omit “the holder of which was, by virtue of section 25 of the Public Service Act 1922, the Secretary of a Department”, substitute “of Secretary of a Department within the meaning of the Public Service Act 1999”.
35 Paragraph 19BA(3)(a)
Omit “the holder of which is, by virtue of section 25 of the Public Service Act 1922, the Secretary of a Department”, substitute “of Secretary of a Department within the meaning of the Public Service Act 1999”.
36 At the end of section 19C
Add:
(2) In this section: officer includes an APS employee.
37 At the end of section 21
Add:
(2) In this section: office includes a position occupied by an APS employee. officer includes an APS employee.
38 At the end of section 25B
Add:
(3) In this section: office includes a position occupied by an APS employee.
39 After subsection 33(2)
Insert:
(2AA) In subsection (2), office includes a position occupied by an APS employee.
40 At the end of section 33A
Add:
(2) In this section: office includes a position occupied by an APS employee.
41 Subsection 12(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
42 Subsection 24G(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
43 Subsection 24N(3)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
44 Subsection 24N(4)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
45 Subsection 24N(4)
Omit “the Department”, substitute “the Agency”.
46 Section 24P
Repeal the section, substitute:
24P Statutory Agency etc. for purposes of Public Service Act
For the purposes of the Public Service Act 1999:
47 Section 57
Omit “appointed or employed under the Public Service Act 1922-1975”, substitute “engaged under the Public Service Act 1999”.
48 Subsection 19(1)
Omit all the words after “include, references”, substitute “to an SES employee, or acting SES employee, in the Department who is specified in the notice”.
49 Subsection 19(2)
Omit all the words after “the specified”, substitute “SES employee or acting SES employee”.
50 Paragraph (r) of Schedule 2
Omit “officers of the Australian Public Service”, substitute “APS employees”.
51 Paragraph (s) of Schedule 2
Repeal the paragraph.
52 Subparagraph (t)(ii) of Schedule 2
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
53 Paragraph (w) of Schedule 2
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
54 Subsection 29(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
55 Subsection 29(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
56 Clause 1 of Schedule 1 (definition of officer)
Repeal the definition.
Aged Care Income Testing Act 1997
57 Section 3 (definition of officer)
Repeal the definition.
58 Paragraph 11(1)(e)
Repeal the paragraph, substitute:
(e) a person appointed or engaged under the Public Service Act 1999;
59 Section 39
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
60 Paragraph 46(1)(a)
Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.
61 Subsection 69F(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
62 Subsection 18(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
63 Paragraph 10(3)(a)
Repeal the paragraph, substitute:
(a) an SES employee, or acting SES employee, in the Department; or
64 Subsection 14(3)
Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
65 Subsection 17(2)
Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
66 Paragraph 18(3)(a)
Repeal the paragraph, substitute:
(a) an SES employee, or acting SES employee, in the Department; or
67 Subparagraph 4(d)(i)
Omit “officers employed in the Commonwealth Service”, substitute “APS employees”.
68 Subparagraph 4(d)(ii)
Omit “officers”, substitute “APS employees”.
69 Subparagraph 5(d)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
70 Subparagraph 5(d)(ii)
Omit “officers”, substitute “APS employees”.
71 Subparagraph 5(d)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
72 Subparagraph 5(d)(ii)
Omit “officers”, substitute “APS employees”.
73 Subparagraph 5(d)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
74 Subparagraph 5(d)(ii)
Omit “officers”, substitute “APS employees”.
75 Subparagraph 6(e)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
76 Subparagraph 6(e)(ii)
Omit “officers”, substitute “APS employees”.
77 Subparagraph 5(e)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
78 Subparagraph 5(e)(ii)
Omit “officers”, substitute “APS employees”.
79 Subparagraph 5(e)(i)
Omit “officers of the Australian Public Service”, substitute “APS employees”.
80 Subparagraph 5(e)(ii)
Omit “officers”, substitute “APS employees”.
81 Paragraph 244(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department;
82 Subsection 244(2)
Repeal the subsection.
83 Subsection 249(3)
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
84 Subsection 249(7) (definition of Senior Executive Service office)
Repeal the definition.
85 Subsection 30(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
86 Subsection 3(1) (definition of Australian Public Service)
Omit “service established under the Public Service Act 1922-1973”, substitute “APS within the meaning of the Public Service Act 1999”.
87 Paragraph 8(1)(e)
Omit “for Departments”, substitute “for Agencies (within the meaning of the Public Service Act 1999)”.
88 Paragraph 8(1)(e)
Omit “those Departments”, substitute “those Agencies”.
89 Subsection 21(3)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
90 Subsection 21(3)
Omit “the Department”, substitute “the Agency”.
91 Section 22
Repeal the section.
92 Subparagraph 30(3)(c)(i)
Repeal the subparagraph, substitute:
(i) an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of legislation administered by the Agency Minister (within the meaning of that Act); or
93 Subparagraph 30(3)(d)(i)
Repeal the subparagraph, substitute:
(i) an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of legislation administered by the Agency Minister (within the meaning of that Act); or
94 Section 41 (paragraph (c) of the definition of government entity)
Repeal the paragraph, substitute:
(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or
95 Subsection 19(1)
Omit “an SES officer (within the meaning of the Public Service Act 1922)”, substitute “an SES employee”.
ANL Guarantee Act 1994
96 Subsection 5(1)
Omit “an officer in the Senior Executive Service”, substitute “a person who is an SES employee or acting SES employee”.
97 Subsection 5(2)
Omit “officer”, substitute “person”.
98 Paragraph 29(1)(b)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, whether or not in the Department;
99 Paragraph 29(3)(d)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, whether or not in the Department;
100 Subsection 3(1) (definition of Director-General)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
101 Subsection 7(1)
Omit “hold office under the Public Service Act 1922”, substitute “be a person appointed or engaged under the Public Service Act 1999”.
102 Section 9
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
103 Paragraph 34(8)(a)
Repeal the paragraph, substitute:
(a) the Secretary of a Department (within the meaning of the Public Service Act 1999); or
Auditor-General Act 1997
104 Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
105 After subsection 40(1)
Insert:
(1A) For the purposes of the Public Service Act 1999:
106 Subclause 4(1) of Schedule 1
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
107 Subsection 12(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
108 Subsection 16(5)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
109 Subsection 19C(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
110 Section 20
Omit “appointed or employed under the Public Service Act 1922-1975”, substitute “engaged under the Public Service Act 1999”.
Australian Bicentennial Road Development Trust Fund Act 1982
111 Subsection 26(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
112 Subsection 14A(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
113 Subparagraph 6(5)(b)(i)
Repeal the subparagraph, substitute:
(i) an Agency within the meaning of the Public Service Act 1999; or
114 Subsection 16(1)
Omit “appointed or employed under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1922”, substitute “engaged under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1999”.
115 Subsection 16(3)
Omit “, with the approval of the Public Service Board,”.
116 Subsections 16(4) and (5)
Repeal the subsections, substitute:
(4) For the purposes of the Public Service Act 1999:
117 Subsection 3(1) (definition of unattached officer)
Repeal the definition.
118 Sections 6 and 7
Repeal the sections.
119 Subsection 8(1)
After “where”, insert “before the commencement of the Public Service Act 1999”.
120 Subsection 8(2)
After “Secretary” (first occurring), insert “or Agency Head (within the meaning of the Public Service Act 1999)”.
121 Subsection 8(2)
After “Secretary” (last occurring), insert “or Agency Head”.
122 Subsection 8(3)
After “Secretary”, insert “or Agency Head (within the meaning of the Public Service Act 1999)”.
123 Subsection 8(5)
After “Secretary”, insert “or Agency Head”.
124 Section 10
Omit “The Secretary of a Department of the Australian Public Service”, substitute “An Agency Head (within the meaning of the Public Service Act 1999)”.
125 Paragraph 10(a)
Omit “Department”, substitute “Agency (within the meaning of that Act)”.
126 Paragraph 10(b)
Omit “Secretary”, substitute “Agency Head”.
127 Part 3
Repeal the Part.
128 Section 24
Repeal the section.
129 Subsection 25(1)
Repeal the subsection, substitute:
(1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999.
130 Subsection 25(2)
Repeal the subsection.
131 Subsection 25(3)
Omit “appointment to an office or as an unattached officer”, substitute “engagement as an APS employee”.
132 Subsections 25(3) and (4)
Omit “Public Service Act”, substitute “Public Service Act 1999”.
133 Subsection 25(4)
Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.
134 Subsection 25(4)
Omit “an officer of the Australian Public Service”, substitute “an APS employee”.
135 Subsection 25(5)
Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.
136 Subsection 25(5)
Omit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.
137 Subsection 25(6)
Omit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.
Note: The heading to section 25 is replaced by the heading “Leave entitlements”.
138 Subparagraph 26(2)(a)(i)
Omit “Public Service Act”, substitute “Public Service Act 1999”.
139 Paragraph 26(2)(b)
Omit “under a provision corresponding to section 6 of this Act”.
140 Paragraph 26(3)(b)
After “Public Service Act 1922”, insert “or the Public Service Act 1999”.
141 Subsection 38(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
142 Subsection 47(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
143 Subsection 47(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
Australian Centre for International Agricultural Research Act 1982
144 Paragraph 19(1)(c)
Omit “office”, substitute “position”.
145 Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
146 Subsection 30(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
147 Subsections 30(2) and (3)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
148 Subsection 31(1)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
149 Subsection 31(1)
Omit “the Department”, substitute “the Agency”.
150 Section 3
Omit “Chairman” (wherever occurring), substitute “Chair”.
151 Section 4 (definition of Chairman)
Repeal the definition, substitute: Chair means the Chair of the ACA.
152 Section 4 (definition of Deputy Chairman)
Repeal the definition, substitute: Deputy Chair means the Deputy Chair of the ACA.
153 Section 16
Omit “Chairman” (wherever occurring), substitute “Chair”.
154 Subsections 17(2) and (3)
Omit “Chairman” (wherever occurring), substitute “Chair”.
155 Subsections 22(3), (4) and (5)
Omit “Chairman” (wherever occurring), substitute “Chair”.
156 Section 24
Omit “Chairman” (wherever occurring), substitute “Chair”.
157 Subsections 34(1) and (2)
Omit “Chairman” (wherever occurring), substitute “Chair”.
158 Subsection 35(1)
Omit “This subsection has effect subject to section 87E of the Public Service Act 1922.”.
159 Subsections 35(2), (3) and (4)
Omit “Chairman” (wherever occurring), substitute “Chair”.
160 Subsections 39(1), (2) and (3)
Omit “Chairman” (wherever occurring), substitute “Chair”.
161 Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
162 Subsection 40(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
163 Subsections 48(4) and (5)
Omit “Chairman” (wherever occurring), substitute “Chair”.
164 Paragraph 38(a)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
165 Paragraphs 38(d) and (e)
After “in those”, insert “Agencies,”.
166 Paragraph 39(7)(a)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
167 Paragraph 39(7)(a)
Omit “the Department”, substitute “the Agency”.
168 Subsection 53(1)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
169 Subsection 53(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
170 Subsection 21(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
171 After subsection 31(3)
Insert:
(3A) If subsection (1) or (3) would have caused the termination of a person’s return rights at a particular time after the commencement of this subsection if the Public Service Act 1922 had not been repealed, then section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 does not apply to the person after that time.
(3B) The reference in subsection (3A) to the termination of a person’s return rights is a reference to any of the following ceasing to apply to the person:
172 Subsection 18(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
173 Subsection 17(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
174 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)
Omit “an officer or employee, within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
175 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)
Omit “within the meaning of that Act”.
176 Paragraph 67(7)(a)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
177 Paragraph 67(7)(a)
Omit “the Department”, substitute “the Agency”.
178 Paragraph 68(a)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
179 Paragraphs 68(d) and (e)
After “in those”, insert “Agencies,”.
180 Paragraph 69(b)
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
181 Subsection 3(1) (definition of Department)
Omit “a department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
182 Subsection 12(3)
Omit “full-time officers or employees of the Australian Public Service”, substitute “persons appointed or engaged on a full-time basis under the Public Service Act 1999”.
183 Subsection 32(1)
Omit “appointed or employed under the Public Service Act 1922-1975”, substitute “engaged under the Public Service Act 1999”.
184 Section 33
Omit “Department of the Commonwealth Government”, substitute “Agency (within the meaning of the Public Service Act 1999)”.
185 Section 33
Omit “the Department”, substitute “the Agency”.
186 Section 29W
Repeal the section.
187 Subsection 34E(6) (paragraph (c) of the definition of associated person)
Repeal the paragraph, substitute:
(c) a person appointed or engaged under the Public Service Act 1999; or
188 Paragraph 34X(1)(c)
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee, whether or not in the Department of Finance;
189 Subsection 34X(2)
Repeal the subsection.
190 Paragraph 37A(1)(c)
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee, whether or not in the Department;
191 Subsection 37A(2)
Repeal the subsection.
192 Subsection 29(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
193 Subsection 29(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
194 Section 45A
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
195 Subsection 11(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
196 Paragraph 19(1)(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
197 Subsection 19(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
198 Subsection 25(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
199 Section 34
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
200 Section 39
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
201 Subsection 36(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
202 Subsection 19(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
203 Subsection 17(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
204 Subsection 51A(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
205 Paragraph 57(a)
Omit “, or Associate Secretary,”.
206 Paragraph 57(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department.
207 Subsection 70(3) (definition of SES employee)
Repeal the definition.
208 Item 10 of Schedule 5 (definition of officer)
Repeal the definition, substitute:
officer means a person in the Department who is engaged under
the Public Service Act 1999.
209 Item 23 of Schedule 5 (definition of officer)
Repeal the definition, substitute:
officer means a person in the Department who is engaged under
the Public Service Act 1999.
210 Section 8A
Omit “an officer, within the meaning of the Public Service Act 1922, or to an APS employee, within the meaning of the Public Service Act 1997”, substitute “a person engaged under the Public Service Act 1999”.
211 Subsection 34(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
212 Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
213 Subsection 40(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
214 Subsection 41(1)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
215 Subsection 41(1)
Omit “Department” (last occurring), substitute “Agency”.
216 Subsection 67AZB(5) (paragraph (c) of the definition of associated person)
Repeal the paragraph, substitute:
(c) a person appointed or engaged under the Public Service Act 1999; or
217 Paragraph 67AZV(1)(c)
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee, whether or not in the Department of Finance;
218 Subsection 67AZV(2)
Repeal the subsection.
219 Subsection 30(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
220 Paragraph 40A(1)(a)
Omit “of a Department of the Australian Public Service or”.
221 After paragraph 40A(1)(a)
Insert: (aa) a person appointed or engaged under the Public Service Act 1999 who is made available to the Authority to perform the duties of Chief Executive Officer; or
222 Subsection 43(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
223 Subsection 45(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
224 Subsections 45(5), (6) and (7)
Repeal the subsections, substitute:
(5) For the purposes of the Public Service Act 1999:
225 Paragraph 46(1)(a)
Omit “of Departments of the Australian Public Service, and”.
226 After paragraph 46(1)(a)
Insert: (aa) persons appointed or engaged under the Public Service Act 1999 whose services are made available to the Authority in connection with the performance or exercise of any of its functions or powers; and
227 Subsection 21A(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
228 Subsection 24(2)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
229 Subsection 24(2)
Omit “that Department”, substitute “that Agency”.
230 Subsection 37J(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
231 Subsection 37P(2)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
232 Subsection 37P(2)
Omit “that Department”, substitute “that Agency”.
233 Subsection 9(1)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
234 Subsection 9(2)
Omit “Secretary within the meaning of the Public Service Act 1922”, substitute “Agency Head within the meaning of the Public Service Act 1999”.
235 Paragraph 12(3)(c)
Repeal the paragraph, substitute:
(c) a determination made under section 24 of the Public Service Act 1999;
236 Subsection 9A(4)
Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.
237 Subsection 48(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
238 Subsections 58(1) and (2)
Repeal the subsections, substitute:
239 Subsection 113(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
240 Subsection 120(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
241 Subsection 120(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
242 Subsection 120(3)
Omit “Commission” (wherever occurring), substitute “Chairperson”.
243 Subsection 120(4)
Omit “Commission”, substitute “Chairperson”.
244 Subsection 121(1)
Omit “The Commission may”, substitute “The Chairperson may”.
245 Subsection 121(2)
Omit “Commission”, substitute “Chairperson”.
246 Paragraph 122(a)
Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.
247 Paragraph 125(1)(a)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
248 Subsection 156(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
249 Subsection 156(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
250 Paragraph 158(a)
Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.
251 Subsection 180(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Australian Security Intelligence Organisation Act 1979
252 Section 4 (paragraph (a) of the definition of authority of the Commonwealth)
Omit “a Department of the Public Service”, substitute “an Agency within the meaning of the Public Service Act 1999”.
253 Subsection 11(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
254 Subsection 24(3) (definition of Senior Executive Service office)
Repeal the definition.
255 Subsection 24(3) (paragraph (a) of the definition of senior officer of the Organisation)
Repeal the paragraph, substitute:
(a) equivalent to a position occupied by an SES employee; or
256 Section 86
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
257 Subsection 90(5)
Repeal the subsection.
258 Section 90A
Repeal the section.
259 Section 27
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
260 Subsection 14(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
261 Subsection 35(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
262 Subsection 41(3)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
263 Subsection 41(3)
Omit “that Department”, substitute “that Agency”.
264 Subsection 33(3)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
265 Subsection 56(3)
Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
266 Subsection 56(3)
Omit “Department” (second occurring), substitute “Agency”.
267 Subsection 13(4)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
268 Subsection 18(3)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
269 Subsection 36(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
270 Subsection 3(1) (definition of Australian authority)
Omit “a Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
271 Subsection 57(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
272 Section 63
Repeal the section.
273 Subsection 23(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
274 Subsection 27(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
275 Subsections 27(2), (3) and (4)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
276 Subsection 28(1)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
277 Subsection 39ZL(1)
Omit “a Department of the Commonwealth”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
278 Subsection 4(1) (definition of designated group)
Repeal the definition, substitute:
designated group means any of the following classes of persons:
279 Subsection 5(1) (subparagraph (b)(ii) of the definition of authorised person)
Repeal the subparagraph, substitute:
(ii) an SES employee or acting SES employee;
280 Subsection 31A(5)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
281 Subsection 32(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
282 Subsection 165(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
283 Subsection 165(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
284 Paragraph 99(c)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in the Department;
285 Subparagraph 149(1)(c)(i)
Repeal the subparagraph, substitute:
(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or
286 Subsection 150(1) (subparagraph (c)(i) of the definition of person to whom this section applies)
Repeal the subparagraph, substitute:
(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or
287 Subparagraph 15(1)(c)(i)
Repeal the subparagraph, substitute:
(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or
288 Subsection 16(1) (subparagraph (c)(i) of the definition of person to whom this section applies)
Repeal the subparagraph, substitute:
(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or
289 Paragraph 8G(7)(h)
Repeal the paragraph, substitute:
(h) a person appointed or engaged under the Public Service Act 1999;
290 Subsection 17(1)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
291 Subsection 17(3)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
292 Subsection 37(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
293 Subsection 54(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
294 Subsection 54(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
295 Subsection 59(2)
Omit “an officer of the Australian Public Service”, substitute “appointed or engaged under the Public Service Act 1999”.
296 Subsection 61(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
297 Paragraph 8G(7)(h)
Repeal the paragraph, substitute:
(h) a person appointed or engaged under the Public Service Act 1999;
298 Subsections 15A(1) and (3)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
299 Subsection 23(2)
Omit “an officer or employee within the meaning of the Public Service Act 1999”, substitute “a person appointed or engaged under the Public Service Act 1999”.
300 Subsection 20(5) (subparagraph (c)(i) of the definition of authorised person)
Repeal the subparagraph, substitute:
(i) is an SES employee, or acting SES employee, in the Department; and
301 Paragraph 6(5)(a)
Repeal the paragraph, substitute:
(a) an office of Agency Head (within the meaning of the Public Service Act 1999); or
302 Subsection 23(1)
Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.
303 Paragraph 29(1)(a)
Repeal the paragraph, substitute:
(a) persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and
304 Subsection 29(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
305 Subsection 35(3)
Omit all the words after “Commission”.
306 Subsection 35(5)
Repeal the subsection.
307 Paragraph 60(3)(b)
Omit “an officer”, substitute “a person”.
308 Paragraph 60(3)(b)
Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.
309 Paragraph 60(3A)(d)
Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.
310 Paragraph 60(4)(b)
Omit “an officer”, substitute “a person”.
311 Subsection 91(1) (definition of Secretary of a Department)
Repeal the definition.
312 Paragraph 91(11)(a)
Omit “Secretary of a Department”, substitute “Agency Head of an Agency (within the meaning of the Public Service Act 1999)”.
313 Paragraph 193(2)(b)
Repeal the paragraph, substitute:
(b) a person appointed or engaged under the Public Service Act 1999;
314 Subsection 279B(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
315 Subsection 279B(7)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
316 Subsection 311A(4) (paragraph (c) of the definition of Commonwealth Department)
Repeal the paragraph, substitute:
(c) an Agency (within the meaning of the Public Service Act 1999).
317 Subsection 311A(4) (paragraph (b) of the definition of principal officer)
Repeal the paragraph, substitute:
(b) in relation to an Agency—the Agency Head (within the meaning of the Public Service Act 1999) of the Agency.
318 Subsection 10(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
319 Subsection 15(2)
Omit “officers or employees employed under the Public Service Act 1922”, substitute “APS employees”.
320 Paragraph 51H(2)(b)
After “office”, insert “or position”.
321 Paragraph 51K(1)(a)
After “office”, insert “or position”.
322 Part IV
Repeal the Part.
323 Subsection 19X(1)
Omit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
324 Subsection 19X(2)
Repeal the subsection.
325 Section 3 (paragraph (a) of the definition of principal officer)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
326 Subsection 35(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
327 Subsection 35(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
328 Subsection 23(10) (paragraph (c) of the definition of agency)
Repeal the paragraph, substitute:
(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or
329 Subsection 24(10) (paragraph (c) of the definition of agency)
Repeal the paragraph, substitute:
(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or
330 Section 7
Repeal the section, substitute:
7 Registrar
331 Paragraph 41(1)(c)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
332 Subsection 64(3)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
333 Paragraph 102(6)(a)
Omit “officer of the Australian Public Service”, substitute “APS employee”.
334 Subsection 113(1)
Omit “officer of the Australian Public Service”, substitute “APS employee”.
335 Subsection 113(7)
Omit “officer of the Australian Public Service”, substitute “APS employee”.
336 Subsection 38(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
337 Paragraph 5(c)
Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.
338 Subsection 170(2)
Omit “Public Service Act 1922-1968”, substitute “Public Service Act 1999”.
339 Subsection 27A(2)
Omit “officer or employee within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.
340 Subsection 20(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
341 Section 26
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
342 Paragraph 29(1)(c)
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee.
343 Subsection 3(1) (paragraph (a) of the definition of Commonwealth officer)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999;
344 Subsection 16(1) (paragraph (b) of the definition of parole officer)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
345 Subsection 21F(3)
Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.
346 Subsection 56(2) (definition of eligible person)
Omit “a Senior Executive Service Officer in the Department of Foreign Affairs and Trade appointed or employed under the Public Service Act 1922”, substitute “an SES employee in the Department of Foreign Affairs and Trade”.
347 Section 85ZL (definition of Commonwealth Department)
Omit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.
348 Section 85ZL
Insert:
Secretary, in relation to a Commonwealth Department, means the
Agency Head within the meaning of the Public Service Act 1999.
349 Subsection 3(1) (paragraph (c) of the definition of authorised person)
Omit “a Senior Executive Service officer employed under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.
350 Subsection 3(1) (paragraph (d) of the definition of authorised person)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
351 Subparagraph 23(2)(c)(i)
Omit “an officer of, or a person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.
352 Subsection 19(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
353 Subsection 44(3) (paragraph (b) of the definition of authorised person)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in that Department.
354 Subsection 47(4) (paragraph (c) of the definition of authorised person)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.
Customs Act 1901
355 Subsection 208DA(1) (definition of prescribed officer)
Repeal the definition, substitute:
prescribed officer means an SES employee, or acting SES employee, in the Attorney-General’s Department.
Customs Administration Act 1985
356 Subsection 9(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
357 Subsection 15(1)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
358 Subsection 15(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
359 Paragraph 109C(b)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
360 Clause 1 of the Schedule (definition of designated group)
Repeal the definition, substitute:
designated group means any of the following classes of persons:
361 Subsection 3(1) (definition of officer)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
362 Paragraph 58B(1A)(a)
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
363 Subsection 73A(1)
Omit “or officer in the Australian Public Service who communicates to any person”, substitute “, or person appointed or engaged under the Public Service Act 1999, who communicates to any other person”.
364 Subsection 120B(16) (definition of paying officer)
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999”.
365 Subsection 123(2)
Omit “officer within the meaning of the Public Service Act 1922”, substitute “APS employee”.
366 Subparagraph 123(2)(a)(i)
Omit “officer or employee within the meaning of that Act”, substitute “APS employee”.
367 Subsection 124(1A)
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
368 Subsections 175(1) and (2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
369 Subsection 19(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
370 Subsection 131(4)
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
371 Subsection 3(1) (definition of designated office in the Department)
Repeal the definition.
372 Subsection 3(1)
Insert:
Department that:
373 Paragraph 12(1)(c)
Omit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.
374 Subparagraph 41(4)(e)(i)
Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999 and”.
375 Subparagraph 41(4)(e)(ii)
Omit “officers of the Australian Public Service”, substitute “those persons”.
376 Subsection 51(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
377 Paragraph 57(1)(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
378 Subsections 57(2) and (3)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
379 Subsections 60(1) and (2)
Omit “designated office”, substitute “designated position”.
380 Subsection 60(4)
Omit “designated office” (wherever occurring), substitute “designated position”.
Defence Service Homes Act 1918
381 Subsection 23J(2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
382 Subsection 23J(2)
Omit “or officer” (wherever occurring), substitute “or public servant”.
Defence (Special Undertakings) Act 1952
383 Section 4 (paragraph (a) of the definition of Commonwealth officer)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999;
Defence (Visiting Forces) Act 1963
384 Subsection 28(1)
Omit “an officer holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”.
Designs Act 1906
385 Subsection 8A(1)
Omit all the words after “any other Act”, substitute “to a prescribed person engaged under the Public Service Act 1999 in the Designs Office”.
386 Subsection 8A(2)
Repeal the subsection.
Development Allowance Authority Act 1992
387 Subsection 103(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
388 Subparagraph 107(3)(c)(ii)
Omit “a person holding or performing the duties of a specified Senior Executive Service office”, substitute “an SES employee or acting SES employee occupying a specified position”.
389 Section 108
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Director of Public Prosecutions Act 1983
390 Subsection 20(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
391 Subsection 27(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
392 Subsection 27(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
393 Paragraph 31(1A)(b)
Repeal the paragraph, substitute:
(b) an SES employee.
Disability Discrimination Act 1992
394 Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)
Repeal the paragraph, substitute:
(a) is appointed or engaged under the Public Service Act 1999;
395 Subsection 4(1) (definition of Department)
Omit “has the same meaning as that expression has in the Public Service Act 1922”, substitute “means an Agency within the meaning of the Public Service Act 1999”.
396 Subsection 116(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Disability Services Act 1986
397 Subsection 25(1A)
Omit “the Secretary of another Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
398 Subsection 25(1B)
Repeal the subsection.
Education Legislation Amendment Act 1997
399 Item 31 of Schedule 1
Repeal the item.
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991
400 Section 17
Omit “officer of the Senior Executive Service”, substitute “SES employee or acting SES employee”.
Employment, Education and Training Act 1988
401 Subsection 17(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
402 Paragraph 32(3)(a)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
403 Paragraphs 32(3)(b) and (c)
Omit “an officer or employee”, substitute “a person”.
404 Paragraph 32(3)(d)
Repeal the paragraph, substitute:
(d) any person who from time to time occupies a particular position, or performs particular duties, as a person appointed or engaged under the Public Service Act 1999.
405 Subsection 32(3)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
406 Subsection 32(3)
Omit “such an officer or employee”, substitute “such a person”.
407 Subsection 32(3)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
408 Subsection 35C(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
409 Subsection 55(2)
Omit “an officer or employee of the Australian Public Service”, substitute “engaged under the Public Service Act 1999”.
410 Section 56
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
411 Subsection 69(2)
Omit “subsection 25(6) of the Public Service Act 1922”, substitute “section 63 of the Public Service Act 1999”.
Employment Services Act 1994
412 Subsection 83(2)
Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.
413 Subsection 98(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
414 Section 110
Repeal the section, substitute:
110 Staff of ESRA
415 Subsection 111(2) (paragraph (a) of the definition of authority of the Commonwealth)
Repeal the paragraph, substitute:
(a) an Agency within the meaning of the Public Service Act 1999; or
Endangered Species Protection Act 1992
416 Subsection 4(1) (definition of Department)
Repeal the definition, substitute:
Department means an Agency (within the meaning of the Public Service Act 1999).
417 Subsection 4(1) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head (within the meaning of the Public Service Act 1999).
Environment Protection (Alligator Rivers Region) Act 1978
418 Section 8
Omit “appointed under the Public Service Act 1922”, substitute
“engaged under the Public Service Act 1999”.
419 Section 26
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
420 Paragraph 31(3)(a)
Omit “Permanent Head” (wherever occurring), substitute “Secretary”.
421 Subsection 31(4)
Omit “Permanent Head”, substitute “Secretary”.
Environment Protection and Biodiversity Conservation Act 1999
422 Subsection 393(1)
Repeal the subsection, substitute:
(1) The Secretary may make arrangements with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the performance or exercise of all or any of the functions or powers of wardens and rangers under this Act or the regulations by officers or employees in that Agency or authority, as the case may be.
423 Subsection 393(4)
Repeal the subsection, substitute:
(4) The Director may make arrangements with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the performance or exercise of all or any of the functions or powers of wardens and rangers under this Act or the regulations by officers or employees in that Agency or authority, as the case may be.
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
424 Subsection 3(1) (definition of authority)
Repeal the definition, substitute:
(a) an incorporated or unincorporated body or authority established for a public purpose:
Australian Capital Territory or the Northern Territory); being a body whose staff consists of, or includes, persons who are not APS employees; or
(b) a company or other body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest;
but does not include any of the following:
425 Subsection 3(1) (definition of Board)
Repeal the definition.
426 Subsection 3(1) (definition of designated group)
Repeal the definition, substitute:
designated group means any of the following classes of persons:
427 Section 8
Repeal the section.
428 Paragraph 9(1)(b)
Omit “or the Board, as the case may be,”.
429 Subsection 9(4)
Repeal the subsection, substitute:
(4) If:
then the authority may, with the consent of the responsible Minister, include that program report in the annual report.
430 Subsection 10(1)
Repeal the subsection, substitute:
(1) The responsible Minister may, by notice in writing to a relevant authority, require the authority to give the responsible Minister a special report within the time specified in the notice.
431 Section 11
Repeal the section, substitute:
11 Minister may make recommendations
432 Subsection 12(1)
Repeal the subsection, substitute:
(1) The responsible Minister for a relevant authority may give general directions in writing to the authority about the performance of the authority’s obligations under this Act.
433 Sections 13 and 14
Repeal the sections.
Evidence Act 1995
434 Part 1 of the Dictionary at the end of the Act (paragraph
(a) of the definition of Commonwealth agency)
Repeal the paragraph, substitute:
(a) an Agency within the meaning of the Public Service Act 1999; or
435 Part 1 of the Dictionary at the end of the Act (paragraph
(a) of the definition of Commonwealth entity)
Repeal the paragraph, substitute:
(a) an Agency within the meaning of the Public Service Act 1999; or
436 Part 1 of the Dictionary at the end of the Act (paragraph
(a) of the definition of Commonwealth record)
Repeal the paragraph, substitute:
(a) an Agency within the meaning of the Public Service Act 1999; or
437 After clause 8 in Part 2 of the Dictionary
Insert:
8A References to offices etc.
In this Act:
Excise Tariff Act 1921
438 Item 10 of the Schedule
Omit “Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
Family Law Act 1975
439 Subsection 4(1) (paragraph (b) of the definition of welfare officer)
Omit “an officer or employee, within the meaning of the Public Service Act 1922,”, substitute “a person engaged under the Public Service Act 1999”.
440 Subsection 26JA(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
441 Subsection 37A(8)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
442 Subsection 37B(1)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
443 Subsection 37B(4)
Repeal the subsection, substitute:
(4) An Agency Head (within the meaning of the Public Service Act 1999) cannot take action under section 15 of the Public Service Act 1999 against the Principal Registrar, a Registrar or a Deputy Registrar unless such action is requested by the Chief Judge.
444 Subsection 38G(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
445 Subsection 38N(4)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
446 Subsection 38N(5)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
447 Subsection 38N(6)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
448 Subsection 38N(8)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
449 Section 38Q
Repeal the section, substitute:
38Q Statutory Agency etc. for purposes of Public Service Act
For the purposes of the Public Service Act 1999:
450 Section 67H (subparagraphs (a)(i) and (ii) of the definition of appropriate authority)
Repeal the subparagraphs, substitute:
451 Subsection 114G(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
452 Subsection 114M(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
453 Subsection 114M(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
454 Subsection 115(2)
Omit “officers of the Australian Public Service or”, substitute “persons appointed or engaged under the Public Service Act 1999, officers”.
Federal Airports Corporation Act 1986
455 Subsection 3(1) (paragraph (a) of the definition of authority of the Commonwealth)
Omit “or a Department of the Australian Public Service”.
456 Subsection 3(1) (after paragraph (a) of the definition of authority of the Commonwealth)
Insert: (aa) an Agency (within the meaning of the Public Service Act 1999); and
457 Subsection 17(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
458 Subsection 61(3)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
459 Subsection 61(3)
Omit “a Department” (second occurring), substitute “an Agency”.
460 Paragraphs 61(3)(a) and (b)
Omit “Department”, substitute “Agency”.
461 Paragraph 66(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Federal Court of Australia Act 1976
462 Subsection 18AI(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
463 Subsection 18G(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
464 Subsection 18N(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
465 Subsection 18N(5)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
466 Subsection 18N(6)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
467 Subsection 18N(6)
Omit “the Department”, substitute “the Agency”.
468 Subsection 18N(8)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
469 Section 18Q
Repeal the section, substitute:
18Q Statutory Agency etc. for purposes of Public Service Act
For the purposes of the Public Service Act 1999:
470 Subsection 35A(4)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
471 Subsection 37F(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Federal Magistrates Act 1999
472 Subsection 99(1)
Repeal the subsection, substitute:
(1) For the purposes of the Public Service Act 1999:
473 Section 102
Repeal the section, substitute:
102 Arrangements relating to Commonwealth staff
The Chief Executive Officer may, on behalf of the Federal
Magistrates Court, arrange with:
(a) an Agency Head (within the meaning of the Public Service Act 1999); or
(b) an authority of the Commonwealth; for the services of officers or employees of the Agency or authority
to be made available for the purposes of the Federal Magistrates Court.
474 Section 103
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
475 Subsection 106(1)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
476 Subsection 108(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
477 Subsection 111(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
478 Subsection 114(2)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
479 Subclause 5(1) of Schedule 2
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Film Licensed Investment Company Act 1998
480 Paragraph 44(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Financial Management and Accountability Act 1997
481 Section 5 (paragraph (b) of the definition of Chief Executive)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Financial Transaction Reports Act 1988
482 Subsection 3(1) (paragraph (c) of the definition of taxation officer)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 and”.
483 Subsection 36B(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
484 Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
485 Subsection 40(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
Financial Sector Reform (Amendments and Transitional Provisions) Act 1998
486 Subsection 2(18)
Omit “Public Service Act 1998” (wherever occurring), substitute “Public Service Act 1999”.
487 Item 42 of Schedule 18
Omit “Public Service Act 1998”, substitute “Public Service Act 1999”.
First Home Owners Act 1983
488 Subsection 4(1) (definition of Secretary)
Repeal the definition.
Fisheries Management Act 1991
489 Subsection 137(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
490 Subsection 138(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Foreign Evidence Act 1994
491 Subsection 26(3) (paragraph (a) of the definition of authorised officer)
Repeal the paragraph, substitute:
(a) who is an SES employee or acting SES employee in the Attorney-General’s Department; and
Forestry and Timber Bureau Act 1930
492 Subsection 3(3)
Repeal the subsection, substitute:
(3) The Director-General and staff required for the purposes of this Act must be engaged under the Public Service Act 1999.
Freedom of Information Act 1982
493 Division 1 of Part II of Schedule 2 (item relating to the National Health and Medical Research Council)
Omit “officers, or employees, within the meaning of the Public Service Act 1922”, substitute “persons appointed or engaged under the Public Service Act 1999”.
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
494 Subsection 3(1) (paragraph (c) of the definition of Department)
Repeal the paragraph, substitute:
(c) an Executive Agency or Statutory Agency (within the meaning of the Public Service Act 1999).
Fringe Benefits Tax Assessment Act 1986
495 Subsection 136(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act 1999.
Governor-General Act 1974
496 At the end of section 6
Add:
497 Section 14
Repeal the section, substitute:
14 Remuneration and other conditions of employees
The remuneration and other conditions of employment of a person employed under section 13 are as determined by the Official Secretary.
498 Section 16
Repeal the section.
499 Section 17
Repeal the section.
Great Barrier Reef Marine Park Act 1975
500 Subsection 13(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
501 Subsection 40(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
502 Subsections 40(2) and (3)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
503 Subsection 42(2)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
504 Subsection 42(2)
Omit “Department” (last occurring), substitute “Agency”.
Hazardous Waste (Regulation of Exports and Imports) Act 1989
505 Paragraph 60(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department.
Health Insurance Act 1973
506 Subsection 106ZB(1)
Omit “Subject to section 87E of the Public Service Act 1922, if”, substitute “If”.
507 Section 106ZM
Repeal the section, substitute:
106ZM Staff
508 Subsection 130(5B) (paragraph (b) of the definition of authorised officer)
Repeal the paragraph, substitute:
(b) an APS employee in the Department.
Health Insurance Commission Act 1973
509 Subsection 3(1) (definition of Australian Public Service)
Omit “Public Service Act 1922-1973”, substitute “Public Service Act 1999”.
510 Subsection 23(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
High Court of Australia Act 1979
511 Subsection 22(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
512 Paragraph 25(3)(a)
Omit “with the concurrence of the Public Service Board,”.
513 Subsection 26(6)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
514 Subsection 26(6)
Omit “the Department”, substitute “the Agency”.
Horticultural Policy Council Act 1987
515 Subsection 25(1)
Omit “officers or employees of the Department”, substitute “APS employees in the Department”.
Housing Assistance Act 1996
516 After paragraph 8(2)(e)
Insert: (ea) an Agency (within the meaning of the Public Service Act 1999);
517 Paragraph 8(2)(f)
Omit “the Commonwealth or”.
518 Section 13
Omit “an officer of, or person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990
519 Section 26
Omit “an officer of the Department of Finance who holds a Senior Executive Service office within the meaning of the Public Service Act 1922”, substitute “an SES employee, or acting SES employee, in the Department of Finance”.
Human Rights and Equal Opportunity Commission Act 1986
520 Subsection 39(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
521 Subsection 43(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
522 Subsection 43(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
523 Subsection 46F(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Immigration (Education) Act 1971
524 Subsection 10(1)
Omit “an officer of the Public Service of the Commonwealth”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Income Tax Assessment Act 1936
525 Subsection 51AL(23)
Repeal the subsection, substitute:
(23) The Industry Secretary may, by writing, delegate any or all of his or her functions and powers under this section to a person in the Industry Department:
526 Subsection 51AL(26) (definition of Senior Executive Service office)
Repeal the definition.
527 Subsection 124K(1) (definition of Senior Executive Service office)
Repeal the definition, substitute:
Senior Executive Service office means a position that is occupied
by an SES employee or acting SES employee.
528 Subsection 124ZADAA(1)
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
529 Subsection 124ZADAA(2)
Repeal the subsection.
530 Section 159UX
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
531 Section 159UX
Omit “In this section Senior Executive Service office has the same meaning as in the Public Service Act 1922.”.
Income Tax Assessment Act 1997
532 Section 34-65
Repeal the section, substitute:
34-65 Delegation of powers by Industry Secretary
The *Industry Secretary may, by writing, delegate any or all of his or her functions and powers under this Division to a person in the Department of Industry, Science and Tourism:
533 Section 396-105
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”.
534 Subsection 995-1(1) (definition of Senior Executive Service office)
Repeal the definition, substitute:
Senior Executive Service office means a position occupied by an
SES employee or acting SES employee.
Industrial Chemicals (Notification and Assessment) Act 1989
535 Section 5 (definition of Department)
Repeal the definition, substitute:
Department means an Agency within the meaning of the Public
Service Act 1999.
536 Section 5 (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head within the meaning of the Public Service Act 1999.
537 Subsection 84(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
538 Subsection 84(2)
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
539 Subsection 94(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
540 Subsection 100(1)
Omit “the Secretary of a Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
541 Subsection 100(1)
Omit “Department” (last occurring), substitute “Agency”.
542 Paragraph 104(c)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in the Department;
543 Section 104A
Repeal the section, substitute:
104A Delegation by Director
The Director may, by signed instrument, delegate to a person:
a classification level of the kind mentioned in paragraph (a); all or any of the Director’s functions or powers under this Act, other than those under subsection 14(4), 17(4) or 19(8) or (9), section 24 or 30A, subsection 37(2), section 38, 44, 50B, 60E or 60F or this section.
Industry Research and Development Act 1986
544 Paragraph 9(1)(b)
After “office”, insert “or position”.
545 Section 25
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Inspector-General of Intelligence and Security Act 1986
546 Paragraph 18(6)(b)
Omit “a Department”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.
547 Subsection 28(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
548 Subsection 32(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
549 Subsection 32(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
International Air Services Commission Act 1992
550 Subsection 44(1)
Omit “Subject to section 87E of the Public Service Act 1922, if”, substitute “If”.
International Transfer of Prisoners Act 1997
551 Paragraph 53(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department.
Judiciary Act 1903
552 Subsection 55E(1) (subparagraph (b)(ii) of the definition of AGS lawyer)
Repeal the subparagraph, substitute:
(ii) a person in the Attorney-General’s Department who is engaged under the Public Service Act 1999.
553 Subsection 55E(5)
Omit “as an officer or employee in the Attorney-General’s Department”, substitute “as a person in the Attorney-General’s Department engaged under the Public Service Act 1999”.
554 Paragraph 55G(1)(a)
Omit “an officer of, or employee in, the Attorney-General’s Department”, substitute “a person in the Attorney-General’s Department engaged under the Public Service Act 1999”.
Lands Acquisition Act 1989
555 Paragraph 139(1)(a)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
Legislative Instruments Act 1997
556 Section 14
Omit “An officer of the Senior Executive Service”, substitute “An SES employee”.
Long Service Leave (Commonwealth Employees) Act 1976
557 Subsection 4(1) (paragraph (e) of the definition of approving authority)
Repeal the paragraph, substitute:
(e) in any other case:
558 Subsection 4(1)
Insert:
chief executive officer, in relation to an employing agency, means:
559 Subsection 4(1)
Insert:
560 Subsection 4(1) (definition of officer)
Repeal the definition.
561 After subsection 4(1)
Insert:
(1A) If the employing agency (the original agency) in which a person was employed at the time of his or her ceasing to be an employee no longer exists at a later time, then the replacement agency at that later time is:
562 Subsection 4(9)
Repeal the subsection.
563 Subsection 4(10)
Omit “to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 does not apply”.
564 Paragraph 4(10)(a)
Repeal the paragraph, substitute:
(a) in the case of an employee who is an APS employee—the minimum that applies to the employee under section 30 of the Public Service Act 1999; or
565 Sections 9 and 9A
Repeal the sections, substitute:
9 Delegation by approving authority
approving authority does not include the President of the Senate or the Speaker of the House of Representatives.
566 Paragraph 12(3)(a)
Repeal the paragraph, substitute:
(a) unless a chief executive officer, or the person who granted the leave, determined (otherwise than under this Act), either at the time of the grant or at a later time, that the period of absence be included in the person’s period of service for the purpose of the granting of long service leave; or
Management and Investment Companies Act 1983
567 Section 16
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Maternity Leave (Commonwealth Employees) Act 1973
568 Subsection 3(1)
Insert:
Agency Head, in relation to an employee, means:
569 Subsection 3(1) (definition of Department of the Australian Public Service)
Repeal the definition.
570 Subsection 3(1) (definition of Secretary)
Repeal the definition.
571 Paragraph 5(1)(a)
Omit “Public Service Act 1922-1973”, substitute “Public Service Act 1999”.
572 Subsection 5A(2)
Repeal the subsection, substitute:
(2) For the purposes of the application of this Act in relation to a person employed in a Parliamentary Department, the powers conferred on an Agency Head (other than the power of delegation conferred by section 11) are to be exercised, in substitution for the Agency Head, by the Head of the Parliamentary Department concerned.
573 Subsection 6(4)
Omit “or (4AB)”.
574 Subsection 6(4AB)
Repeal the subsection.
575 Subsection 6(4B)
Omit “or (4AB)”.
576 Subsection 6(4C)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
577 Subsection 6(4F)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
578 Subsection 7A(4)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
579 Subsection 7A(4)
Omit “wishes the Secretary”, substitute “wishes the Agency Head”.
580 Subsection 7A(5)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
581 Subsection 7A(5)
Omit “subsection (4), the Secretary”, substitute “subsection (4), the Agency Head”.
582 Subsection 7A(6)
Omit “the Secretary to the Department”, substitute “the Agency Head”.
583 Subsection 7A(6)
Omit “or the Secretary”, substitute “or the Agency Head”.
584 Section 8
Repeal the section, substitute:
8 APS employees on maternity leave
Clause 12 of Schedule 14 to the Workplace Relations Act 1996
applies to a female APS employee if:
585 Sections 11 and 12
Repeal the sections, substitute:
11 Delegation by Agency Head
Agency Head does not include the President of the Senate or the Speaker of the House of Representatives.
Meat Inspection Arrangements Act 1964
586 Subsection 3(1) (definition of person employed by the Commonwealth)
Repeal the definition, substitute:
person employed by the Commonwealth means a person appointed or engaged under the Public Service Act 1999.
Members of Parliament (Staff) Act 1984
587 Section 3 (definition of Agency)
Repeal the definition.
588 Section 3 (definition of Board)
Repeal the definition.
589 Section 3 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act.
590 Section 3 (definition of Public Service Act)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
591 Section 3 (definition of relevant public servant)
Repeal the definition.
592 Subsections 5(1), (2) and (3)
Omit “Board”, substitute “Prime Minister”.
593 Section 10
Repeal the section.
594 Section 11
Repeal the section.
595 Subsection 14(1)
Omit “subsection (2) and to”.
596 Subsection 14(1)
Omit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.
597 Subsection 14(1)
Omit “in relation to an officer performing the duties of an office in the Australian Public Service”, substitute “an APS employee”.
598 Subsection 14(2)
Repeal the subsection.
599 Sections 17 and 18
Repeal the sections.
600 Subsection 21(1)
Omit “subsection (2) and to”.
601 Subsection 21(1)
Omit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.
602 Subsection 21(1)
Omit “in relation to an officer performing the duties of an office in the Australian Public Service”, substitute “an APS employee”.
603 Subsection 21(2)
Repeal the subsection.
604 Section 24
Repeal the section.
605 Section 25
Repeal the section.
Merit Protection (Australian Government Employees) Act 1984
606 The whole of the Act
Repeal the Act.
Migration Act 1958
607 Paragraph 143(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in that Department.
608 Section 275 (paragraphs (a) and (b) of the definition of official)
Repeal the paragraphs, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
609 Paragraph 364(1)(b)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
610 Subsection 407(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
611 Subsection 408(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
612 Paragraph 428(1)(a)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
613 Subsection 472(4)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
614 Subsection 473(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Migration Legislation Amendment (Migration Agents) Act 1997
615 Subsection 2(3)
Omit “Public Service Act 1997”, substitute “Public Service Act 1999”.
616 Item 82 of Schedule 1
Omit “Public Service Act 1997”, substitute “Public Service Act 1999”.
Motor Vehicle Standards Act 1989
617 Paragraph 22(2)(b)
Repeal the paragraph, substitute:
(b) is to be an SES employee, or acting SES employee, in the Department.
618 Subsection 25(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
619 Subsection 25(2)
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
National Crime Authority Act 1984
620 Subsection 40(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
621 Subsection 47(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
622 Subsection 47(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
National Environment Protection Council Act 1994
623 Subsection 43(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
624 Subsection 49(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
625 Subsections 49(2) and (3)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
626 Subsection 51(1)
Omit “officers and employees of Departments of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
National Gallery Act 1975
627 Subsection 28(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
National Health Act 1953
628 Subsection 4(1) (paragraph (a) of the definition of Director)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
629 Subsection 82PEA(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
630 Subsection 82PL(2)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
631 Subsection 82PL(2)
Omit “Department” (last occurring), substitute “Agency”.
632 Subsection 82PN(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
633 Subsection 82R(3)
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999”.
634 Subsection 82X(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
635 Subsection 82ZUD(1)
Omit “Subject to section 87E of the Public Service Act 1922, if”, substitute “If”.
636 Subsection 82ZUG(2)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
637 Subsection 82ZUG(2)
Omit “Department” (last occurring), substitute “Agency”.
National Health and Medical Research Council Act 1992
638 Subsection 22(1)
Repeal the subsection, substitute:
(1) The Secretary to the Council is an SES employee or acting SES employee who is designated for the purpose by the Secretary of the Department.
639 Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
640 Subsection 45(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
641 Subsection 45(2)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
642 Paragraph 48(1)(a)
Repeal the paragraph, substitute:
(a) an Agency Head within the meaning of the Public Service Act 1999; or
643 Paragraphs 48(1)(d), (e) and (f)
After “of that”, insert “Agency,”.
644 Paragraph 72(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
National Labour Consultative Council Act 1977
645 Section 9
Omit all the words after “payable to”, substitute “persons engaged under the Public Service Act 1999”.
646 Subsection 12(2)
Omit all the words after “payable to”, substitute “persons engaged under the Public Service Act 1999”.
National Library Act 1960
647 Subparagraph 6(c)(ii)
Omit “Departments and”.
648 At the end of paragraph 6(c)
Add:
(iv) the Agencies (within the meaning of the Public Service Act 1999); and
649 Subsection 17(4)
Repeal the subsection, substitute:
(4) For the purposes of the Public Service Act 1999:
650 Subsection 17(5)
Omit “an officer employed under the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
651 Subsection 17(5)
Omit “including his or her powers referred to in subsection (4) but”.
652 Subsection 17(6)
Omit “, other than the powers referred to in subsection (4) of this section,”.
653 Subsection 17B(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
654 Section 18
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
National Museum of Australia Act 1980
655 Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
656 Subsection 30(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
657 Subsections 30(2), (3) and (4)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
658 Subsection 31(1)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
National Occupational Health and Safety Commission Act 1985
659 Subsection 12(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
660 Subsection 32(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
661 Subsection 53(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
662 Subsection 53(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
663 Subsection 54(1)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
664 Subsection 54(1)
Omit “Department” (last occurring), substitute “Agency”.
National Parks and Wildlife Conservation Act 1975
665 Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
666 Subsection 34(1)
Omit “appointed or employed under the Public Service Act 1922-1974”, substitute “engaged under the Public Service Act 1999”.
667 Subsections 34(2) and (3)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
668 Subsection 36(2)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
669 Subsection 36(2)
Omit “Department” (last occurring), substitute “Agency”.
National Roads Act 1974
670 Subsection 15(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
National Road Transport Commission Act 1991
671 Subsection 29(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
672 Section 31
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
673 Subsection 31(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
674 Paragraph 33(1)(a)
Repeal the paragraph, substitute:
(a) persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and
National Transmission Network Sale Act 1998
675 Paragraph 23(1)(b)
Omit “a person holding, or performing the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Native Title Act 1993
676 Subsection 102(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
677 Subsection 117(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
678 Subsection 130(3)
Repeal the subsection, substitute:
Employment etc. under Public Service Act
(3) The Deputy Registrars and the staff of the Tribunal are to be persons engaged under the Public Service Act 1999.
679 Subsection 130(4)
Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.
680 Subsection 130(4)
Omit “the Department”, substitute “the Agency”.
681 Section 131
Repeal the section, substitute:
131 Statutory Agency etc. for purposes of Public Service Act
For the purposes of the Public Service Act 1999:
682 Subsection 183(7)
Omit “Public Service Act 1997”, substitute “Public Service Act 1999”.
Natural Heritage Trust of Australia Act 1997
683 Paragraph 45(1)(c)
Repeal the paragraph, substitute:
(c) an SES employee or acting SES employee (whether or not in the Department);
684 Paragraph 46(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee (whether or not in the Department of Primary Industries and Energy);
685 Section 54 (definition of Senior Executive Service office)
Repeal the definition.
Natural Resources Management (Financial Assistance) Act 1992
686 Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act 1999.
Naval Defence Act 1910
687 Section 40 (definition of industrial award)
Repeal the definition, substitute:
industrial award means an award within the meaning of the
Workplace Relations Act 1996.
688 Section 42
Omit all the words after “the Navy”.
689 Subsection 42C(1)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
690 Subsection 42C(2)
Omit “Section 64 of the Public Service Act 1922”, substitute “Section 75 of the Public Service Act 1999”.
691 Subsection 42C(2)
Omit “officer”, substitute “APS employee”.
Norfolk Island Act 1979
692 Paragraph 13(4)(a)
Repeal the paragraph, substitute:
(a) is an APS employee; or
Nuclear Non-Proliferation (Safeguards) Act 1987
693 Subsection 4(1) (paragraph (a) of the definition of Commonwealth officer)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
694 Subsection 46(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
695 Section 55
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Occupational Health and Safety (Commonwealth Employment) Act 1991
696 Subsection 5(1) (paragraph (a) of the definition of Department)
Repeal the paragraph, substitute:
(a) an Agency (within the meaning of the Public Service Act 1999); or
697 Subsection 5(1) (paragraph (a) of the definition of Secretary)
Repeal the paragraph, substitute:
(a) in the case of a Department to which paragraph (a) of the definition of Department applies—the Agency Head (within the meaning of the Public Service Act 1999); or
698 Section 51
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
699 Subsection 80(1)
Omit “employed under the Public Service Act 1922, the purposes of Division 6 of Part III of that Act,”, substitute “appointed or engaged under the Public Service Act 1999”.
700 Subsection 80(2)
After “office”, insert “or position”.
701 Subsection 80(2)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Occupational Health and Safety (Maritime Industry) Act 1993
702 Subsection 106(3)
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
Office of National Assessments Act 1977
703 Section 3 (paragraph (e) of the definition of prescribed Commonwealth officer)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
704 Paragraph 6(2)(d)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
705 Paragraph 7(2)(a)
Omit “an officer or officers of the Australian Public Service”, substitute “a person or persons appointed or engaged under the Public Service Act 1999”.
706 Subsection 13(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
707 Paragraph 17(1)(a)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
708 Subsections 17(2) and (3)
Repeal the subsections, substitute: (2) For the purposes of the Public Service Act 1999:
709 Subsection 17(4)
Omit “the Secretary of a Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.
710 Subsection 17(4)
Omit “appointed or employed under the Public Service Act 1922 in the Department”, substitute “engaged under that Act in the Agency”.
Ombudsman Act 1976
711 Subsection 3(1) (definition of Department)
Omit “Department of the Australian Public Service referred to in paragraph (a) of the definition of Department in subsection 7(1) of the Public Service Act 1922”, substitute “Department within the meaning of the Public Service Act 1999”.
712 Subsection 3(1) (definition of Secretary)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
713 Paragraph 5(2)(g)
After “office” (first and second occurring), insert “or position”.
714 Subsections 6(9), (10) and (11)
Repeal the subsections, substitute:
(9) If the Ombudsman forms the opinion:
dealt with by the Public Service Commissioner; the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the Public Service Commissioner.
(10) If the Ombudsman makes a decision under subsection (9), the Ombudsman must:
715 Subsection 25(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
716 Subsection 31(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
717 Subsections 31(2) and (3)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
Overseas Students (Refunds) Act 1990
718 Section 3 (definition of officer)
Repeal the definition.
719 Subsection 5(1)
Omit “an officer of”, substitute “an APS employee in”.
720 Paragraph 10(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Ozone Protection Act 1989
721 Paragraph 49(1)(a)
Omit “the Australian Public Service or any other”, substitute “an”.
722 After paragraph 49(1)(a)
Insert:
(b) a person engaged under the Public Service Act 1999; or
723 Section 67A
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
Parliamentary Contributory Superannuation Act 1948
724 Subsection 21B(1) (paragraph (d) of the definition of holder of an office of profit under the Commonwealth)
Repeal the paragraph, substitute:
(d) the holder of an office of Secretary within the meaning of the Public Service Act 1999; or
Parliamentary Counsel Act 1970
725 Subsection 7(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
726 Subsection 16(1)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
727 Subsections 16(2) and (3)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
Patents Act 1990
728 Section 200A
Repeal the section, substitute:
200A Designated Manager
For the purposes of this Act, a person is the Designated Manager if the person occupies, or is acting in, a position that:
729 Schedule 1 (paragraph (a) of the definition of employee)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
730 Schedule 1 (paragraph (b) of the definition of employee)
Omit “an officer or employee”, substitute “a person”.
Petroleum Excise (Prices) Act 1987
731 Subsection 4(2)
Omit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Petroleum Resource Rent Tax Assessment Act 1987
732 Section 2 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act 1999.
Plant Breeder’s Rights Act 1994
733 Subsections 59(1) and (2)
Omit “another officer of the Department within the Senior Executive Service”, substitute “an SES employee, or acting SES employee, in the Department”.
Pooled Development Funds Act 1992
734 Section 68
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Prawn Export Promotion Act 1995
735 Paragraph 24(b)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Prices Surveillance Act 1983
736 Subsection 43(4) (at the end of paragraph (a) of the definition of prescribed person)
Add:
(iv) appointed or engaged under the Public Service Act 1999; or
Primary Industries Levies and Charges Collection Act 1991
737 Paragraph 26(b)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Privacy Act 1988
738 Subsection 6(1) (paragraph (a) of the definition of Commonwealth officer)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “appointed or engaged under the Public Service Act 1999”.
739 Subsection 6(1) (definition of Department)
Repeal the definition, substitute:
Department means an Agency within the meaning of the Public
Service Act 1999.
740 Subsection 6(1) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head within the meaning of the Public Service Act 1999.
741 Subsection 22(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
742 Subsections 26A(1) and (2)
Repeal the subsections, substitute:
743 Subsection 50(1) (definition of Merit Protection Act)
Repeal the definition.
744 Subsection 50(1) (definition of Merit Protection Agency)
Repeal the definition.
745 Paragraph 50(2)(b)
Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.
746 Subsection 50(2)
Omit “or the Merit Protection Agency” (wherever occurring), substitute “or the Public Service Commissioner”.
747 Paragraph 50(3)(b)
Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.
Proceeds of Crime Act 1987
748 Subsection 4(1) (definition of prescribed officer)
Repeal the definition, substitute:
prescribed officer means an SES employee or acting SES
employee in the Attorney-General’s Department.
Productivity Commission Act 1998
749 Subsection 29(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
750 Subsection 44(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
751 Subsection 44(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
Protection of Movable Cultural Heritage Act 1986
752 Paragraph 24(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
Public Lending Right Act 1985
753 Section 18
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Public Service Act 1922
754 The whole of the Act
Repeal the Act.
Qantas Sale Act 1992
755 Subsection 11(1)
Omit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
756 Subsection 11(2)
Repeal the subsection.
757 Paragraphs 20(1)(d) and (e)
Repeal the paragraphs, substitute:
(e) the Public Service Act 1999;
758 Subsection 31(3) (paragraph (b) of the definition of authorised person)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department who is authorised by the Secretary, in writing, for the purposes of this section.
759 Subsection 40(4) (paragraph (c) of the definition of authorised person)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in the Department.
Racial Discrimination Act 1975
760 Subsection 32(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Radiocommunications Act 1992
761 Section 5 (paragraph (a) of the definition of Department)
Omit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.
762 Subsection 204(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
763 Subsection 248(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Referendum (Machinery Provisions) Act 1984
764 Section 3 (subparagraph (b)(iii) of the definition of authorised witness)
Omit “in the Australian Public Service or”.
765 Section 3 (after subparagraph (b)(iii) of the definition of authorised witness)
Insert: (iiia) a person appointed or engaged under the Public Service Act 1999; or
766 Paragraph 11(4)(c)
Omit “officers or employees within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
767 Subsection 95B(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
768 Subsection 95B(7)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Registration of Deaths Abroad Act 1984
769 Subsection 5(2)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
770 Subsection 6(1)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
771 Paragraph 26(1)(a)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
Remuneration and Allowances Act 1990
772 After section 8
Insert:
8A Regulations
The Governor-General may make regulations prescribing matters:
773 Clause 7 of Schedule 1
Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
774 Clause 5 of Schedule 2
Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.
775 Subclauses 1(2) and (3) of Schedule 3
Repeal the subclauses, substitute:
principal executive classification means a classification determined by the Remuneration Tribunal under subsection 5(2A) of the Remuneration Tribunal Act 1973.
Remuneration Tribunal Act 1973
776 Part II (heading)
Repeal the heading, substitute:
Part II—Remuneration etc. for certain offices and appointments
Division 1—Preliminary
777 After section 3
Insert:
Division 2—Determinations and reports by the Remuneration Tribunal
778 Subsection 5(2)
Repeal the subsection, substitute:
(2) An additional function of the Tribunal is to provide advice to the Australian National University, the University of Canberra and the Australian Maritime College in relation to terms and conditions (including remuneration and allowances) on which executive education offices in those bodies are to be held.
(2A) An additional function of the Tribunal is to:
(2B) An additional function of the Tribunal is to provide advice, for the purposes of the Public Service Act 1999, in relation to terms and conditions (including remuneration and allowances) for the following offices:
(2C) An additional function of the Tribunal is to provide advice for the purposes of subclause 1(3) of Schedule 3 to the Remuneration and Allowances Act 1990.
(2D) An additional function of the Tribunal is to provide advice, for the purposes of the Parliamentary Service Act 1999, in relation to terms and conditions (including remuneration and allowances) for the following offices:
779 Subsection 5(3)
Omit “subsection (2)”, substitute “this section”.
780 Subsection 7(3)
Omit “the holders of offices referred to in paragraph (a) of the definition of office of Secretary in subsection 7(1) of the Public Service Act 1922 and to”.
781 At the end of Part II
Add:
Division 3—Determinations by employing bodies for principal executive offices
12C Terms and conditions determined by employing body
Repatriation Institutions (Transfer) Act 1992
782 Subsection 3(1) (definition of employee)
Repeal the definition.
783 Subsection 3(1) (definition of officer)
Repeal the definition.
784 Subsection 3(1) (definition of the Service)
Repeal the definition, substitute:
the Service means the APS within the meaning of the Public
Service Act 1999.
785 Subsection 4(2)
After “office” (wherever occurring), insert “or position”.
786 Paragraph 13(1)(b)
After “office”, insert “or position”.
787 Section 16
Omit all the words after “under”, substitute “subsection 16(4) or 17(2) of the Long Service Leave (Commonwealth Employees) Act 1976 in respect of resignation from the Service”.
788 Section 17
Repeal the section.
Reserve Bank Act 1959
789 Subsection 14(2)
Omit “officers of the Bank or of the Australian Public Service”, substitute “officials”.
790 Subsection 14(3)
Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.
791 Subsection 14(4)
Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.
792 Subsection 14(5)
Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.
793 At the end of section 14
Add:
(6) In this section: official means:
Resource Assessment Commission Act 1989
794 Subsection 49(1)
Omit “and section 87E of the Public Service Act 1922”.
Roads Grants Act 1974
795 Subsection 15(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Roads Grants Act 1980
796 Subsection 38(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Roads Grants Act 1981
797 Subsection 33(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Rural Adjustment Act 1992
798 Section 20C
Omit “an officer of the Department who holds or performs the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee, in the Department”.
799 Subsection 21A(2)
Omit “an officer of the Department who holds or performs the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee, in the Department”.
Rural Adjustment Amendment Act 1999
800 Subsection 2(2)
Omit “Public Service Act 1998”, substitute “Public Service Act 1999”.
Safety, Rehabilitation and Compensation Act 1988
801 Subsection 81(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
802 Subsection 86(2)
Omit “an officer, within the meaning of the Public Service Act 1922, being the occupant for the time being of such office”, substitute “an APS employee who is performing the duties of such position”.
803 Paragraph 88(1)(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
804 Subsection 88(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
805 Subsection 114A(2) (definition of Department)
Repeal the definition, substitute:
Department means an Agency (within the meaning of the Public Service Act 1999).
806 Subsection 114A(2) (definition of Secretary)
Repeal the definition, substitute:
Secretary means an Agency Head (within the meaning of the Public Service Act 1999).
Science and Industry Research Act 1949
807 Subsection 10C(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Seafarers Rehabilitation and Compensation Act 1992
808 Subsection 125(1)
Repeal the subsection, substitute:
(1) The Authority may, by resolution, delegate all or any of its powers or functions to a person in the Department:
Seafarers Rehabilitation and Compensation Levy Collection Act 1992
809 Section 11
Repeal the section, substitute:
11 Appointment of authorised persons
The Secretary may, in writing, appoint a person in the Department:
a classification level of the kind mentioned in paragraph (b); to be an authorised person for the purposes of a specified provision of this Act.
810 Subsection 15(1)
Repeal the subsection, substitute:
(1) The Secretary may, in writing, delegate all or any of his or her powers or functions under this Act (other than powers under section 11) to a person in the Department:
Sea Installations Act 1987
811 Paragraph 74(1)(c)
Repeal the paragraph, substitute:
(c) a person appointed or engaged under the Public Service Act 1999; or
Sex Discrimination Act 1984
812 Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)
Repeal the paragraph, substitute: (a) is appointed or engaged under the Public Service Act 1999;
813 Subsection 4(1) (definition of Department)
Omit “has the same meaning as that expression has in the Public Service Act 1922”, substitute “means an Agency within the meaning of the Public Service Act 1999”.
814 Subsection 99(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Shipping Registration Act 1981
815 Subsection 3(1) (definition of employee)
Repeal the definition.
816 Subsection 52(1)
Omit “an officer of or employee in the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
817 Subsection 53(1)
Omit “an officer of or employee in the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Ships (Capital Grants) Act 1987
818 Subsection 36(1)
Omit “a person holding or performing the duties of a Senior Executive Service office within the meaning of the Public Service Act 1922, being an office”, substitute “an SES employee or acting SES employee”.
Snowy Mountains Engineering Corporation Limited Sale Act 1993
819 Subsection 35(3) (paragraph (b) of the definition of authorised person)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in that Department.
820 Subsection 38(4) (paragraph (c) of the definition of authorised person)
Repeal the paragraph, substitute:
(c) an SES employee, or acting SES employee, in that Department, authorised by the Secretary, in writing, for the purposes of this section.
Snowy Mountains Hydro-electric Power Act 1949
821 Subsection 11(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
Social Security Act 1991
822 Subsection 1331(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
823 Section 1341
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Social Security (Administration) Act 1999
824 Subclause 14(1) of Schedule 3
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
825 Clause 24 of Schedule 3
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Special Broadcasting Service Act 1991
826 Subsection 34(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
827 Subsection 81(4)
Repeal the subsection.
Special Prosecutors Act 1982
828 Paragraph 18(a)
Omit “appointed or employed under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.
States Grants (Education Assistance—Participation and Equity) Act 1983
829 Paragraph 31(1)(c)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
States Grants (Petroleum Products) Act 1965
830 Subsection 5(2)
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999”.
831 Paragraph 5(3)(a)
Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999 (the public servant)”.
832 Paragraph 5(3)(a)
Omit “such an officer”, substitute “the public servant”.
833 Subsection 5(3A)
Omit “an officer” (wherever occurring), substitute “the public servant”.
States Grants (Roads) Act 1977
834 Subsection 34(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
States Grants (Schools Assistance) Act 1983
835 Subsection 76(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
States Grants (Schools Assistance) Act 1984
836 Subsection 89(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Stevedoring Industry Charge Assessment Act 1947
837 Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act 1999.
Stevedoring Levy (Collection) Act 1998
838 Subsection 17(1)
Omit “a person holding or performing the duties of a Senior Executive Office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.
839 Subsection 17(2)
Omit “a person holding or performing the duties of a Senior Executive Office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.
840 Subsection 17(3)
Repeal the subsection.
Student Assistance Act 1973
841 Subsection 3(1) (definition of employee)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
Superannuation Act 1976
842 Subsection 3(1)
Insert:
APS Agency means an Agency within the meaning of the Public
Service Act.
843 Subsection 3(1)
Insert:
APS employee has the same meaning as in the Public Service Act.
844 Subsection 3(1) (definition of permanent employee)
Repeal the definition, substitute:
permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include:
845 Subsection 3(1) (definition of Public Service Act)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
846 Subsection 3(1) (definition of temporary employee)
Omit all the words from and including “means” to and including “but does not include:”, substitute “means a person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include:”.
847 Subsection 3C(2) (definition of Department)
Repeal the definition, substitute:
Department means:
848 Paragraph 14A(1)(a)
Repeal the paragraph, substitute:
(a) is a person to whom Division 2 or 3 of the Public Service Act 1922 applied immediately before the time (the repeal time) when that Act was repealed and who:
849 Paragraph 14A(1)(c)
Repeal the paragraph.
850 Paragraph 14A(1)(d)
Repeal the paragraph, substitute:
(d) is a person who is a permanent employee, or a temporary employee, because of having been, or having been deemed to be, re-appointed or re-employed in circumstances similar to:
of the Public Service Act 1922, as in force immediately before its repeal; or
851 Subsection 14A(1A)
Omit “(1)(a), (b), (c) or (d)”, substitute “(1)(b) or (d)”.
852 Paragraph 14A(1A)(a)
Omit “(1)(a) or (b)”, substitute “(1)(b)”.
853 Paragraph 14A(1A)(b)
Omit “(1)(c) or (d)”, substitute “(1)(d)”.
854 Subsection 14A(1B) (paragraphs (a) and (b) of the definition of previous relevant employment)
Repeal the paragraphs, substitute:
855 Subsection 14A(2)
Omit “a person to whom Division 2 or 3 of Part IV of the Public Service Act applies or”.
856 Subsection 14A(5)
Omit “Public Service Act”, substitute “Public Service Act 1922”.
857 Paragraph 14A(6)(a)
Repeal the paragraph, substitute:
(a) a person who has ceased to be an eligible employee again becomes an eligible employee because of having been, or having been deemed to be, re-appointed or re-employed in circumstances similar to the circumstances referred to in subparagraph (1)(d)(i) or (ii); and
858 Subsection 14A(6)
Omit “re-appointment, declaration or reinstatement” (wherever occurring), substitute “re-appointment or reinstatement”.
859 Section 16A
Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.
860 Subsection 21(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
861 Subsection 26(1)
Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.
862 Subsection 26(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
863 Subparagraph 51(2)(f)(i)
Repeal the subparagraph, substitute:
(i) in respect of a person employed in an APS Agency—the Agency Head of the Agency is satisfied that the engaging by the person in the other employment is in the interests of the Australian Public Service; or
864 Subsection 57B(1) (paragraphs (a), (b) and (c) of the definition of fixed-term employee)
Repeal the paragraphs, substitute:
865 Subsection 57B(2)
Omit “a person continues as an officer by virtue of a direction under subsection 37(6) of that Act”, substitute “a person is immediately engaged under section 53 of that Act”.
866 Subsection 57B(2)
Omit “at the same time as the person ceases to be an officer by virtue of the direction” (wherever occurring), substitute “at the same time as the engagement under that section ends”.
867 Subsection 57B(3)
Omit “Public Service Act”, substitute “Public Service Act 1922”.
868 Paragraph 58(3)(aa)
Repeal the paragraph, substitute: (aa) in the case of an SES employee—the person retires under section 37 of the Public Service Act;
869 Paragraph 58(3)(b)
Repeal the paragraph, substitute:
(b) the person’s employment or appointment is terminated on a ground similar to a ground specified in section 76D, 76L or 76W of the Public Service Act 1922, as in force immediately before its repeal;
870 Paragraph 58(3)(e)
Repeal the paragraph.
871 Paragraph 58(3)(f)
Omit “Public Service Act”, substitute “Public Service Act 1922, in its continued application because of section 8 of the Public Employment (Consequential and Transitional) Amendment Act 1999”.
872 Paragraph 58(3)(g)
Repeal the paragraph.
873 Paragraph 58(3)(h)
Omit “otherwise than under the Public Service Act,”.
874 Subparagraph 58A(1)(c)(i)
Repeal the subparagraph, substitute:
(i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed-term employee; or
875 Subparagraph 58B(1)(c)(i)
Repeal the subparagraph, substitute:
(i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed-term employee; or
876 Section 120
Repeal the section, substitute:
120 Persons to whom Part applies
This Part applies to a person if:
877 Subsection 125(3)
Omit “section 47C of the Public Service Act”, substitute “this section”.
878 Subparagraph 159(1)(b)(i)
Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.
879 Subsection 160(8) (paragraph (a) of the definition of declared authority)
Omit “appointed or employed under the Public Service Act”, substitute “engaged under the Public Service Act”.
880 Paragraph 163A(1)(b)
Omit “an officer or employee of the Australian Public Service”, substitute “a Secretary within the meaning of the Public Service Act, or other person engaged under that Act,”.
881 Subsection 167(2) (definition of officer)
Omit “an officer of the Australian Public Service or an approved authority”, substitute “a person appointed or engaged under the Public Service Act or an officer of an approved authority”.
882 Section 244
Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.
Superannuation Act 1990
883 Section 3 (definition of permanent employee)
Repeal the definition, substitute:
permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include a person who is engaged or appointed for employment outside Australia only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition.
884 Section 3 (definition of temporary employee)
Omit all the words from and including “means” to and including “does not include”, substitute “means a person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include”.
885 Subsection 3AA(2) (definition of Department)
Repeal the definition, substitute:
Department means:
886 Paragraph 6(1)(h)
Repeal the paragraph, substitute:
(h) a person to whom Division 2 or 3 of the Public Service Act 1922 applied immediately before the time (the repeal time) when that Act was repealed and who:
887 Subparagraph 19(1)(b)(i)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
888 Subsection 35(4) (subparagraph (a)(i) of the definition of declared authority)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
889 Subparagraph 36(c)(i)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Superannuation Benefits (Supervisory Mechanisms) Act 1990
890 Subsection 3(1) (definition of overseas employee)
Omit “section 82AF of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
891 Subsection 6(6) (definition of employer)
Omit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.
Superannuation Contributions Tax (Assessment and Collection) Act 1997
892 Subsection 32(1) (paragraph (b) of the definition of person to whom this section applies)
Repeal the paragraph, substitute:
(b) a person engaged under the Public Service Act 1999 in the Agency (within the meaning of that Act) of which the Commissioner is the Agency Head; or
893 Section 36
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
894 Section 43 (definition of authorised officer)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997
895 Subsection 28(1) (paragraph (b) of the definition of person to whom this section applies)
Repeal the paragraph, substitute:
(b) a person engaged under the Public Service Act 1999 in the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head; or
896 Section 29
Omit “a person who is an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
897 Section 38 (definition of authorised officer)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
Superannuation Guarantee (Administration) Act 1992
898 Subsection 5(5) (paragraph (c) of the definition of Commonwealth Department)
Repeal the paragraph, substitute:
(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999.
899 Subsection 6(1) (definition of authorised officer)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.
900 Subsection 45(1) (paragraph (b) of the definition of person to whom this section applies)
Repeal the paragraph, substitute:
(b) a person engaged under the Public Service Act 1999 in an Agency (within the meaning of that Act) of which the Commissioner is the Agency Head (within the meaning of that Act); or
Superannuation Industry (Supervision) Act 1993
901 Subsection 10(1) (paragraph (c) of the definition of taxation officer)
Repeal the paragraph, substitute:
(c) a person engaged under the Public Service Act 1999, or an officer or employee of an authority of the Commonwealth, performing duties in the Australian Taxation Office; or
Superannuation (Productivity Benefit) Act 1988
902 Subsection 3(1) (definition of Department)
Repeal the definition, substitute: Department means:
903 Subsection 3(1) (definition of permanent employee)
Repeal the definition, substitute:
permanent employee means any person employed in a permanent capacity by the Commonwealth or by an approved authority.
904 Subsection 3(1) (definition of Public Service Act)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
905 Subsection 3(1) (paragraph (a) of the definition of qualified employee)
Repeal the paragraph.
906 Subsection 3(1) (paragraph (b) of the definition of qualified employee)
Repeal the paragraph, substitute:
(b) a person employed by the Commonwealth; or
907 Subsection 3(1) (definition of temporary employee)
Repeal the definition, substitute:
temporary employee means any person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include a person who is engaged or appointed for employment outside Australia only.
Superannuation (Resolution of Complaints) Act 1993
908 Subsection 51(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
909 Subsection 62(1)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Sydney Airport Demand Management Act 1997
910 Paragraph 71(b)
Repeal the paragraph, substitute:
(b) an SES employee in the Department;
Taxation Administration Act 1953
911 Section 2 (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act 1999.
912 After section 4
Insert:
4A Statutory Agency etc. for purposes of Public Service Act
913 Subsection 5(3)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
914 Subsection 6(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
915 Subsection 13D(1) (paragraph (a) of the definition of officer)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
Telecommunications Act 1997
916 Subsection 347(1)
Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.
917 Subsection 347(3) (definition of Senior Executive Service office)
Repeal the definition.
Telecommunications (Interception) Act 1979
918 Subsection 5(1) (subparagraph (b)(ii) of the definition of certifying officer)
Omit “a Senior Executive Service officer within the meaning of the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997
919 Paragraph 25(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
920 Subsection 25(3)
Repeal the subsection.
921 Paragraph 35(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
922 Subsection 35(3)
Repeal the subsection.
Telstra Corporation Act 1991
923 Section 3 (definition of Senior Executive Service office)
Repeal the definition.
924 Subsection 8AW(6) (paragraph (c) of the definition of associated person)
Repeal the paragraph, substitute:
(c) a person appointed or engaged under the Public Service Act 1999; or
925 Paragraph 8BB(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department;
926 Paragraph 8BB(2)(b)
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department of Finance;
927 Paragraph 8CB(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department;
928 Paragraph 8CB(2)(b)
Repeal the paragraph, substitute:
(b) an SES employee or acting SES employee whether or not in the Department of Finance;
929 Paragraph 69(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
930 Paragraph 70(1)(b)
Repeal the paragraph, substitute:
(b) an SES employee, or acting SES employee, in the Department;
931 Subsection 71(1)
Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.
Termination Payments Tax (Assessment and Collection) Act 1997
932 Subsection 23(1) (paragraph (b) of the definition of person to whom this section applies)
Repeal the paragraph, substitute:
(b) a person engaged under the Public Service Act 1999 in the Agency (within the meaning of that Act) of which the Commissioner is the Agency Head; or
933 Section 24
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
934 Section 31 (definition of authorised officer)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.
Textile, Clothing and Footwear Strategic Investment Program Act 1999
935 Subsection 48(6) (paragraph (a) of the definition of senior officer)
Repeal the paragraph, substitute:
(a) an SES employee, or acting SES employee, in the Department; or
Therapeutic Goods Act 1989
936 Subsection 6A(2)
Repeal the subsection, substitute:
(2) While an approval is in force for the purpose of subsection (1), section 57 has effect as if such a function or power were a function or power under this Act.
937 Paragraph 57(1)(b)
Omit “another Department or of”.
938 After paragraph 57(1)(b)
Insert: (ba) an APS employee in an Agency (within the meaning of the Public Service Act 1999) that has functions in relation to therapeutic goods; or
Tobacco Charges Assessment Act 1955
939 Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public Service Act 1999.
Trade Marks Act 1995
940 Section 6 (definition of employee)
Repeal the definition, substitute:
employee means a person engaged under the Public Service Act 1999.
941 Section 6 (paragraph (a) of the definition of trade marks officer)
Repeal the paragraph.
942 Section 6 (paragraph (c) of the definition of trade marks officer)
Omit “(a) or”.
943 Subsection 206(1)
Omit all the words after “functions”, substitute “to a prescribed employee, or employees in a prescribed class, employed in the Trade Marks Office”.
Trade Practices Act 1974
944 Subsection 12(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
945 Subsection 27(1)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
946 Subsections 27(2) and (3)
Repeal the subsections, substitute:
(2) For the purposes of the Public Service Act 1999:
947 Subsection 29G(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
948 Subsection 29M(1)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
949 Subsection 29M(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
950 Subsection 44(3)
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
951 Subsection 44A(1)
Omit “an officer or employee for the purposes of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
952 Section 65T
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.
953 Section 10.80
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
954 Subsection 170(2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.
955 Subsection 170(2)
Omit “officer” (second and third occurring), substitute “public servant”.
Trade Representatives Act 1933
956 Section 4
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
957 Section 4
Omit “the Public Service Act 1922”, substitute “that Act”.
958 Subsection 10(2)
Omit “Commonwealth Public Service Act 1922-1932 or of the Public Service Act 1922”, substitute “Public Service Act 1999”.
959 Paragraph 11(4)(a)
Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.
960 Subsections 11C(1) and (2)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Transport (Planning and Research) Act 1974
961 Subsection 18(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Transport Planning and Research (Financial Assistance) Act 1977
962 Subsection 14(1)
Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
Veterans’ Entitlements Act 1986
963 Subsection 89(3)
Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
964 Subsection 162(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
965 Section 172
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
966 Section 184
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
967 At the end of paragraphs 184(a), (b) and (c)
Add “and”.
968 Paragraph 184(d)
Omit “President; and”, substitute “President.”.
969 Paragraph 184(e)
Repeal the paragraph.
970 Subsection 186(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.
971 Paragraph 193(1)(b)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
972 Section 196
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
973 Section 196T
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
974 Section 196ZM
Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
975 Paragraph 212(1)(a)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
976 Subsection 213(1)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
977 Subsection 214(1)
Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.
War Graves Act 1980
978 Subsection 7(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.
Wet Tropics of Queensland World Heritage Area Conservation Act 1994
979 Paragraph 7(a)
Repeal the paragraph, substitute:
(a) persons engaged under the Public Service Act 1999; or
Wildlife Protection (Regulation of Exports and Imports) Act 1982
980 Paragraph 18(2)(d)
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.
Williamstown Dockyard Employees Act 1987
981 Section 3 (paragraph (a) of the definition of relevant employee)
Repeal the paragraph, substitute:
(a) a person appointed or engaged under the Public Service Act 1999; or
982 Section 3 (definition of the Service)
Repeal the definition, substitute:
the Service means the APS within the meaning of the Public
Service Act 1999.
Wool Tax (Administration) Act 1964
983 Subsection 4(1) (definition of officer)
Repeal the definition, substitute:
officer means a person appointed or engaged under the Public
Service Act 1999.
Workplace Relations Act 1996
984 Subsection 4(1) (paragraph (a) of the definition of public sector employment)
Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.
985 Subsection 26(1)
Omit “Subject to section 87E of the Public Service Act 1922, a”,
substitute “A”.
986 Subsection 72(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
987 Subsection 83(1)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
988 Subsection 83(2)
Repeal the subsection, substitute:
(2) For the purposes of the Public Service Act 1999:
989 Section 83BD
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
990 Subsection 83BL(1)
Omit “Subject to section 87E of the Public Service Act 1922, the”,
substitute “The”.
991 Paragraph 84(2)(a)
Omit “appointed or employed under the Public Service Act 1922”,
substitute “engaged under the Public Service Act 1999”.
992 Subsection 84(3)
Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.
993 Subsection 170CD(1) (paragraph (a) of the definition of Commonwealth public sector employee)
Repeal the paragraph, substitute:
(a) under the Public Service Act 1999; or
994 Section 170WK
Repeal the section, substitute:
170WK AWAs with Commonwealth employees
An Agency Head (within the meaning of the Public Service Act 1999) may act on behalf of the Commonwealth in relation to AWAs with persons in the Agency who are engaged under the Public Service Act 1999.
Workplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999
995 Subsection 2(9)
Omit “item 964 of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999”, substitute “the item of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999 dealing with section 170WK of the Workplace Relations Act 1996”.
[Minister’s second reading speech made in— House of Representatives on 30 March 1999 Senate on 14 October 1999]
(66/99)