Public Employment (Consequential and Transitional) Amendment Act 1999, Australia

corresponding Agency means:

(a)

for an unattached officer under the old Act who was included in an old Act Department under subsection 33C(2) of the old Act immediately before the commencing time:

(i)

the Agency that corresponds to that Department; or

(ii)

if that Department no longer existed immediately before the commencing time—the Agency that corresponds to the old Act Department that was responsible, immediately before the commencing time, for the matter to which the officer’s duties related, or mainly related, at the time when the officer last became an unattached officer; and

(b)

for an officer under the old Act (other than an unattached officer)—the Agency that corresponds to the old Act Department in which the officer was an officer immediately before the commencing time; and

(c)

for an employee under the old Act—the Agency that corresponds to the old Act Department in which the employee was an employee immediately before the commencing time.

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.

first-tier person means:

(a)

a person to whom Division 2 of Part IV of the old Act applied immediately before the commencing time; and

(b)

a person to whom the Officers’ Rights Declaration Act 1928 applied immediately before the commencing time because of section 87TA 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.

second-tier person means:

(a)

a person to whom Division 3 of Part IV of the old Act applied immediately before the commencing time; or

(b)

a person who becomes a second-tier person under subsection 6(6) of this Act.

Statutory Agency means a Statutory Agency within the meaning of the new Act.

statutory instrument means:

(a)

a law of the Commonwealth (other than the new Act); or

(b)

a law of a Territory; or

(c)

an instrument having effect under a law covered by paragraph (a) or (b).

term employee means a person who, immediately before the commencing time, was:

(a)

a short-term or fixed-term employee for the purposes of Division 10 of Part III of the old Act; or

(b)

a person employed under section 82AG of the old Act.

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:

(a)

the period prescribed by the regulations for the purposes of this paragraph;

(b)

the time when the person ceases to be engaged in eligible public employment;

(c)

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

(d)

the end of the relevant period (as defined in subsection 87D(5) of the old Act).

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:

(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 fixed term.

Continuing SES officer

(5) At the commencing time, a continuing SES officer becomes an SES employee:

(a)

in the corresponding Agency; and

(b)

with a corresponding classification;

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:

(a)

in the corresponding Agency; and

(b)

with a corresponding classification;

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:

(a)

in the corresponding Agency; and

(b)

with a corresponding classification;

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:

(a)

in the corresponding Agency; and

(b)

in an equivalent capacity;

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.

Aboriginal and Torres Strait Islander Commission Act 1989

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:

(a)

the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

(b)

the Chief Executive Officer is the Head of that Statutory Agency.

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:

(a)

the TSRA General Manager and the APS employees assisting the TSRA General Manager together constitute a Statutory Agency; and

(b)

the TSRA General Manager is the Head of that Statutory Agency.

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:

(a)

the General Manager of Aboriginal Hostels Limited, and the APS employees assisting Aboriginal Hostels Limited, together constitute a Statutory Agency; and

(b)

the General Manager of Aboriginal Hostels Limited is the Head of that Statutory Agency.

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

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”.

Aboriginal and Torres Strait Islander Heritage Protection Act 1999

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”.

Aboriginal Councils and Associations Act 1976

27 Subsection 4(4)

Omit “officers of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.

Aboriginal Land Rights (Northern Territory) Act 1976

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”.

ACIS Administration Act 1999

32 Subsection 115(1)

Omit “an SES officer (within the meaning of the Public Service Act 1922)”, substitute “an SES employee”.

Acts Interpretation Act 1901

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.

Administrative Appeals Tribunal Act 1975

41 Subsection 12(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”,

substitute “A”.

42 Subsection 24G(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”,

substitute “The”.

43 Subsection 24N(3)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

44 Subsection 24N(4)

Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.

45 Subsection 24N(4)

Omit “the Department”, substitute “the Agency”.

46 Section 24P

Repeal the section, substitute:

24P Statutory Agency etc. for purposes of Public Service Act

For the purposes of the Public Service Act 1999:

(a)

the Registrar and the APS employees assisting the Registrar together constitute a Statutory Agency; and

(b)

the Registrar is the Head of that Statutory Agency.

47 Section 57

Omit “appointed or employed under the Public Service Act 1922-1975”, substitute “engaged under the Public Service Act 1999”.

Administrative Arrangements Act 1987

48 Subsection 19(1)

Omit all the words after “include, references”, substitute “to an SES employee, or acting SES employee, in the Department who is specified in the notice”.

49 Subsection 19(2)

Omit all the words after “the specified”, substitute “SES employee or acting SES employee”.

Administrative Decisions (Judicial Review) Act 1977

50 Paragraph (r) of Schedule 2

Omit “officers of the Australian Public Service”, substitute “APS employees”.

51 Paragraph (s) of Schedule 2

Repeal the paragraph.

52 Subparagraph (t)(ii) of Schedule 2

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

53 Paragraph (w) of Schedule 2

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Affirmative Action (Equal Employment Opportunity for Women) Act 1986

54 Subsection 29(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

55 Subsection 29(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

(b)

the Director is the Head of that Statutory Agency.

Aged Care Act 1997

56 Clause 1 of Schedule 1 (definition of officer)

Repeal the definition.

Aged Care Income Testing Act 1997

57 Section 3 (definition of officer)

Repeal the definition.

Agricultural and Veterinary Chemicals (Administration) Act 1992

58 Paragraph 11(1)(e)

Repeal the paragraph, substitute:

(e) a person appointed or engaged under the Public Service Act 1999;

59 Section 39

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

60 Paragraph 46(1)(a)

Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.

61 Subsection 69F(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

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

62 Subsection 18(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

Aircraft Noise Levy Collection Act 1995

63 Paragraph 10(3)(a)

Repeal the paragraph, substitute:

(a) an SES employee, or acting SES employee, in the Department; or

64 Subsection 14(3)

Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.

65 Subsection 17(2)

Omit “the holder of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.

66 Paragraph 18(3)(a)

Repeal the paragraph, substitute:

(a) an SES employee, or acting SES employee, in the Department; or

Airline Equipment (Loan Guarantee) Act 1972

67 Subparagraph 4(d)(i)

Omit “officers employed in the Commonwealth Service”, substitute “APS employees”.

68 Subparagraph 4(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1976

69 Subparagraph 5(d)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

70 Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1977

71 Subparagraph 5(d)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

72 Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1978

73 Subparagraph 5(d)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

74 Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

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

75 Subparagraph 6(e)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

76 Subparagraph 6(e)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1980

77 Subparagraph 5(e)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

78 Subparagraph 5(e)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1981

79 Subparagraph 5(e)(i)

Omit “officers of the Australian Public Service”, substitute “APS employees”.

80 Subparagraph 5(e)(ii)

Omit “officers”, substitute “APS employees”.

Airports Act 1996

81 Paragraph 244(1)(b)

Repeal the paragraph, substitute:

(b) an SES employee or acting SES employee whether or not in the Department;

82 Subsection 244(2)

Repeal the subsection.

83 Subsection 249(3)

Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.

84 Subsection 249(7) (definition of Senior Executive Service office)

Repeal the definition.

Air Services Act 1995

85 Subsection 30(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”,

substitute “A”.

Albury-Wodonga Development Act 1973

86 Subsection 3(1) (definition of Australian Public Service)

Omit “service established under the Public Service Act 1922-1973”, substitute “APS within the meaning of the Public Service Act 1999”.

87 Paragraph 8(1)(e)

Omit “for Departments”, substitute “for Agencies (within the meaning of the Public Service Act 1999)”.

88 Paragraph 8(1)(e)

Omit “those Departments”, substitute “those Agencies”.

89 Subsection 21(3)

Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

90 Subsection 21(3)

Omit “the Department”, substitute “the Agency”.

91 Section 22

Repeal the section.

A New Tax System (Australian Business Number) Act 1999

92 Subparagraph 30(3)(c)(i)

Repeal the subparagraph, substitute:

(i) an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of legislation administered by the Agency Minister (within the meaning of that Act); or

93 Subparagraph 30(3)(d)(i)

Repeal the subparagraph, substitute:

(i) an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of legislation administered by the Agency Minister (within the meaning of that Act); or

94 Section 41 (paragraph (c) of the definition of government entity)

Repeal the paragraph, substitute:

(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or

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

95 Subsection 19(1)

Omit “an SES officer (within the meaning of the Public Service Act 1922)”, substitute “an SES employee”.

ANL Guarantee Act 1994

96 Subsection 5(1)

Omit “an officer in the Senior Executive Service”, substitute “a person who is an SES employee or acting SES employee”.

97 Subsection 5(2)

Omit “officer”, substitute “person”.

Anti-Personnel Mines Convention Act 1998

98 Paragraph 29(1)(b)

Repeal the paragraph, substitute:

(c) an SES employee, or acting SES employee, whether or not in the Department;

99 Paragraph 29(3)(d)

Repeal the paragraph, substitute:

(c) an SES employee, or acting SES employee, whether or not in the Department;

Archives Act 1983

100 Subsection 3(1) (definition of Director-General)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

101 Subsection 7(1)

Omit “hold office under the Public Service Act 1922”, substitute “be a person appointed or engaged under the Public Service Act 1999”.

102 Section 9

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

103 Paragraph 34(8)(a)

Repeal the paragraph, substitute:

(a) the Secretary of a Department (within the meaning of the Public Service Act 1999); or

Auditor-General Act 1997

104 Subsection 40(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

105 After subsection 40(1)

Insert:

(1A) For the purposes of the Public Service Act 1999:

(a)

the Auditor-General and the APS employees assisting the Auditor-General together constitute a Statutory Agency; and

(b)

the Auditor-General is the Head of that Statutory Agency.

106 Subclause 4(1) of Schedule 1

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australia Council Act 1975

107 Subsection 12(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

108 Subsection 16(5)

Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

109 Subsection 19C(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australia-Japan Foundation Act 1976

110 Section 20

Omit “appointed or employed under the Public Service Act 1922-1975”, substitute “engaged under the Public Service Act 1999”.

Australian Bicentennial Road Development Trust Fund Act 1982

111 Subsection 26(1)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Australian Broadcasting Corporation Act 1983

112 Subsection 14A(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australian Bureau of Statistics Act 1975

113 Subparagraph 6(5)(b)(i)

Repeal the subparagraph, substitute:

(i) an Agency within the meaning of the Public Service Act 1999; or

114 Subsection 16(1)

Omit “appointed or employed under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1922”, substitute “engaged under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1999”.

115 Subsection 16(3)

Omit “, with the approval of the Public Service Board,”.

116 Subsections 16(4) and (5)

Repeal the subsections, substitute:

(4) For the purposes of the Public Service Act 1999:

(a)

the Statistician and the APS employees assisting the Statistician together constitute a Statutory Agency; and

(b)

the Statistician is the Head of that Statutory Agency.

Australian Capital Territory Government Service (Consequential Provisions) Act 1994

117 Subsection 3(1) (definition of unattached officer)

Repeal the definition.

118 Sections 6 and 7

Repeal the sections.

119 Subsection 8(1)

After “where”, insert “before the commencement of the Public Service Act 1999”.

120 Subsection 8(2)

After “Secretary” (first occurring), insert “or Agency Head (within the meaning of the Public Service Act 1999)”.

121 Subsection 8(2)

After “Secretary” (last occurring), insert “or Agency Head”.

122 Subsection 8(3)

After “Secretary”, insert “or Agency Head (within the meaning of the Public Service Act 1999)”.

123 Subsection 8(5)

After “Secretary”, insert “or Agency Head”.

124 Section 10

Omit “The Secretary of a Department of the Australian Public Service”, substitute “An Agency Head (within the meaning of the Public Service Act 1999)”.

125 Paragraph 10(a)

Omit “Department”, substitute “Agency (within the meaning of that Act)”.

126 Paragraph 10(b)

Omit “Secretary”, substitute “Agency Head”.

127 Part 3

Repeal the Part.

128 Section 24

Repeal the section.

129 Subsection 25(1)

Repeal the subsection, substitute:

(1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999.

130 Subsection 25(2)

Repeal the subsection.

131 Subsection 25(3)

Omit “appointment to an office or as an unattached officer”, substitute “engagement as an APS employee”.

132 Subsections 25(3) and (4)

Omit “Public Service Act”, substitute “Public Service Act 1999”.

133 Subsection 25(4)

Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.

134 Subsection 25(4)

Omit “an officer of the Australian Public Service”, substitute “an APS employee”.

135 Subsection 25(5)

Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.

136 Subsection 25(5)

Omit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.

137 Subsection 25(6)

Omit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.

Note: The heading to section 25 is replaced by the heading “Leave entitlements”.

138 Subparagraph 26(2)(a)(i)

Omit “Public Service Act”, substitute “Public Service Act 1999”.

139 Paragraph 26(2)(b)

Omit “under a provision corresponding to section 6 of this Act”.

140 Paragraph 26(3)(b)

After “Public Service Act 1922”, insert “or the Public Service Act 1999”.

Australian Capital Territory (Planning and Land Management) Act 1988

141 Subsection 38(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

142 Subsection 47(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

143 Subsection 47(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Chief Executive and the APS employees assisting the Chief Executive together constitute a Statutory Agency; and

(b)

the Chief Executive is the Head of that Statutory Agency.

Australian Centre for International Agricultural Research Act 1982

144 Paragraph 19(1)(c)

Omit “office”, substitute “position”.

145 Subsection 26(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

146 Subsection 30(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

147 Subsections 30(2) and (3)

Repeal the subsections, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

(b)

the Director is the Head of that Statutory Agency.

148 Subsection 31(1)

Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

149 Subsection 31(1)

Omit “the Department”, substitute “the Agency”.

Australian Communications Authority Act 1997

150 Section 3

Omit “Chairman” (wherever occurring), substitute “Chair”.

151 Section 4 (definition of Chairman)

Repeal the definition, substitute: Chair means the Chair of the ACA.

152 Section 4 (definition of Deputy Chairman)

Repeal the definition, substitute: Deputy Chair means the Deputy Chair of the ACA.

153 Section 16

Omit “Chairman” (wherever occurring), substitute “Chair”.

154 Subsections 17(2) and (3)

Omit “Chairman” (wherever occurring), substitute “Chair”.

155 Subsections 22(3), (4) and (5)

Omit “Chairman” (wherever occurring), substitute “Chair”.

156 Section 24

Omit “Chairman” (wherever occurring), substitute “Chair”.

157 Subsections 34(1) and (2)

Omit “Chairman” (wherever occurring), substitute “Chair”.

158 Subsection 35(1)

Omit “This subsection has effect subject to section 87E of the Public Service Act 1922.”.

159 Subsections 35(2), (3) and (4)

Omit “Chairman” (wherever occurring), substitute “Chair”.

160 Subsections 39(1), (2) and (3)

Omit “Chairman” (wherever occurring), substitute “Chair”.

161 Subsection 40(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

162 Subsection 40(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and

(b)

the Chair is the Head of that Statutory Agency.

163 Subsections 48(4) and (5)

Omit “Chairman” (wherever occurring), substitute “Chair”.

Australia New Zealand Food Authority Act 1991

164 Paragraph 38(a)

Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

165 Paragraphs 38(d) and (e)

After “in those”, insert “Agencies,”.

166 Paragraph 39(7)(a)

Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

167 Paragraph 39(7)(a)

Omit “the Department”, substitute “the Agency”.

168 Subsection 53(1)

Omit “appointed or employed under the Public Service Act 1922”,

substitute “engaged under the Public Service Act 1999”.

169 Subsection 53(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Chairperson and the APS employees assisting the Chairperson together constitute a Statutory Agency; and

(b)

the Chairperson is the Head of that Statutory Agency.

Australian Federal Police Act 1979

170 Subsection 21(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”,

substitute “The”.

171 After subsection 31(3)

Insert:

(3A) If subsection (1) or (3) would have caused the termination of a person’s return rights at a particular time after the commencement of this subsection if the Public Service Act 1922 had not been repealed, then section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1999 does not apply to the person after that time.

(3B) The reference in subsection (3A) to the termination of a person’s return rights is a reference to any of the following ceasing to apply to the person:

(a)

Part IV of the Public Service Act 1922;

(b)

Division 3 of Part IV of the Public Service Act 1922;

(c)

the Officers’ Rights Declaration Act 1928.

Australian Film Commission Act 1975

172 Subsection 18(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”,

substitute “A”.

Australian Film, Television and Radio School Act 1973

173 Subsection 17(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”,

substitute “A”.

Australian Hearing Services Act 1991

174 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)

Omit “an officer or employee, within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

175 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)

Omit “within the meaning of that Act”.

176 Paragraph 67(7)(a)

Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

177 Paragraph 67(7)(a)

Omit “the Department”, substitute “the Agency”.

178 Paragraph 68(a)

Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

179 Paragraphs 68(d) and (e)

After “in those”, insert “Agencies,”.

180 Paragraph 69(b)

Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.

Australian Heritage Commission Act 1975

181 Subsection 3(1) (definition of Department)

Omit “a department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.

182 Subsection 12(3)

Omit “full-time officers or employees of the Australian Public Service”, substitute “persons appointed or engaged on a full-time basis under the Public Service Act 1999”.

183 Subsection 32(1)

Omit “appointed or employed under the Public Service Act 1922-1975”, substitute “engaged under the Public Service Act 1999”.

184 Section 33

Omit “Department of the Commonwealth Government”, substitute “Agency (within the meaning of the Public Service Act 1999)”.

185 Section 33

Omit “the Department”, substitute “the Agency”.

Australian Industry Development Corporation Act 1970

186 Section 29W

Repeal the section.

187 Subsection 34E(6) (paragraph (c) of the definition of associated person)

Repeal the paragraph, substitute:

(c) a person appointed or engaged under the Public Service Act 1999; or

188 Paragraph 34X(1)(c)

Repeal the paragraph, substitute:

(c) an SES employee or acting SES employee, whether or not in the Department of Finance;

189 Subsection 34X(2)

Repeal the subsection.

190 Paragraph 37A(1)(c)

Repeal the paragraph, substitute:

(c) an SES employee or acting SES employee, whether or not in the Department;

191 Subsection 37A(2)

Repeal the subsection.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

192 Subsection 29(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

193 Subsection 29(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Principal and the APS employees assisting the Principal together constitute a Statutory Agency; and

(b)

the Principal is the Head of that Statutory Agency.

194 Section 45A

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australian Institute of Health and Welfare Act 1987

195 Subsection 11(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

196 Paragraph 19(1)(a)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

197 Subsection 19(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

(b)

the Director is the Head of that Statutory Agency.

Australian Institute of Marine Science Act 1972

198 Subsection 25(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

199 Section 34

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Australian Land Transport Development Act 1988

200 Section 39

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Australian Land Transport (Financial Assistance) Act 1985

201 Subsection 36(1)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Australian Law Reform Commission Act 1996

202 Subsection 19(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

Australian Maritime Safety Authority Act 1990

203 Subsection 17(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

204 Subsection 51A(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

205 Paragraph 57(a)

Omit “, or Associate Secretary,”.

206 Paragraph 57(b)

Repeal the paragraph, substitute:

(b) an SES employee, or acting SES employee, in the Department.

Australian Meat and Live-stock Industry Act 1997

207 Subsection 70(3) (definition of SES employee)

Repeal the definition.

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

208 Item 10 of Schedule 5 (definition of officer)

Repeal the definition, substitute:

officer means a person in the Department who is engaged under

the Public Service Act 1999.

209 Item 23 of Schedule 5 (definition of officer)

Repeal the definition, substitute:

officer means a person in the Department who is engaged under

the Public Service Act 1999.

Australian Meat and Live-stock (Quotas) Act 1990

210 Section 8A

Omit “an officer, within the meaning of the Public Service Act 1922, or to an APS employee, within the meaning of the Public Service Act 1997”, substitute “a person engaged under the Public Service Act 1999”.

Australian National Maritime Museum Act 1990

211 Subsection 34(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

212 Subsection 40(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

213 Subsection 40(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

(b)

the Director is the Head of that Statutory Agency.

214 Subsection 41(1)

Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

215 Subsection 41(1)

Omit “Department” (last occurring), substitute “Agency”.

Australian National Railways Commission Act 1983

216 Subsection 67AZB(5) (paragraph (c) of the definition of associated person)

Repeal the paragraph, substitute:

(c) a person appointed or engaged under the Public Service Act 1999; or

217 Paragraph 67AZV(1)(c)

Repeal the paragraph, substitute:

(c) an SES employee or acting SES employee, whether or not in the Department of Finance;

218 Subsection 67AZV(2)

Repeal the subsection.

Australian National Training Authority Act 1992

219 Subsection 30(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

220 Paragraph 40A(1)(a)

Omit “of a Department of the Australian Public Service or”.

221 After paragraph 40A(1)(a)

Insert: (aa) a person appointed or engaged under the Public Service Act 1999 who is made available to the Authority to perform the duties of Chief Executive Officer; or

222 Subsection 43(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

223 Subsection 45(4)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

224 Subsections 45(5), (6) and (7)

Repeal the subsections, substitute:

(5) For the purposes of the Public Service Act 1999:

(a)

the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

(b)

the Chief Executive Officer is the Head of that Statutory Agency.

225 Paragraph 46(1)(a)

Omit “of Departments of the Australian Public Service, and”.

226 After paragraph 46(1)(a)

Insert: (aa) persons appointed or engaged under the Public Service Act 1999 whose services are made available to the Authority in connection with the performance or exercise of any of its functions or powers; and

Australian Nuclear Science and Technology Organisation Act 1987

227 Subsection 21A(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

228 Subsection 24(2)

Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

229 Subsection 24(2)

Omit “that Department”, substitute “that Agency”.

230 Subsection 37J(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

231 Subsection 37P(2)

Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

232 Subsection 37P(2)

Omit “that Department”, substitute “that Agency”.

Australian Protective Service Act 1987

233 Subsection 9(1)

Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.

234 Subsection 9(2)

Omit “Secretary within the meaning of the Public Service Act 1922”, substitute “Agency Head within the meaning of the Public Service Act 1999”.

235 Paragraph 12(3)(c)

Repeal the paragraph, substitute:

(c) a determination made under section 24 of the Public Service Act 1999;

Australian Prudential Regulation Authority Act 1998

236 Subsection 9A(4)

Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.

Australian Radiation Protection and Nuclear Safety Act 1998

237 Subsection 48(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

238 Subsections 58(1) and (2)

Repeal the subsections, substitute:

(1)

The staff necessary to assist the CEO are to be persons engaged under the Public Service Act 1999.

(2)

For the purposes of the Public Service Act 1999:

(a)

the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and

(b)

the CEO is the Head of that Statutory Agency.

Australian Securities and Investments Commission Act 1989

239 Subsection 113(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

240 Subsection 120(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

241 Subsection 120(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Commission and the APS employees assisting the Commission together constitute a Statutory Agency; and

(b)

the Chairperson of the Commission is the Head of that Statutory Agency.

242 Subsection 120(3)

Omit “Commission” (wherever occurring), substitute “Chairperson”.

243 Subsection 120(4)

Omit “Commission”, substitute “Chairperson”.

244 Subsection 121(1)

Omit “The Commission may”, substitute “The Chairperson may”.

245 Subsection 121(2)

Omit “Commission”, substitute “Chairperson”.

246 Paragraph 122(a)

Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.

247 Paragraph 125(1)(a)

Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

248 Subsection 156(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

249 Subsection 156(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Convenor and the APS employees assisting the Convenor together constitute a Statutory Agency; and

(b)

the Convenor is the Head of that Statutory Agency.

250 Paragraph 158(a)

Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.

251 Subsection 180(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

Australian Security Intelligence Organisation Act 1979

252 Section 4 (paragraph (a) of the definition of authority of the Commonwealth)

Omit “a Department of the Public Service”, substitute “an Agency within the meaning of the Public Service Act 1999”.

253 Subsection 11(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

254 Subsection 24(3) (definition of Senior Executive Service office)

Repeal the definition.

255 Subsection 24(3) (paragraph (a) of the definition of senior officer of the Organisation)

Repeal the paragraph, substitute:

(a) equivalent to a position occupied by an SES employee; or

256 Section 86

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

257 Subsection 90(5)

Repeal the subsection.

258 Section 90A

Repeal the section.

Australian Space Council Act 1994

259 Section 27

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

Australian Sports Commission Act 1989

260 Subsection 14(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

261 Subsection 35(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

262 Subsection 41(3)

Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

263 Subsection 41(3)

Omit “that Department”, substitute “that Agency”.

Australian Sports Drug Agency Act 1990

264 Subsection 33(3)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

265 Subsection 56(3)

Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

266 Subsection 56(3)

Omit “Department” (second occurring), substitute “Agency”.

Australian Tourist Commission Act 1987

267 Subsection 13(4)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

268 Subsection 18(3)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

269 Subsection 36(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Australian Trade Commission Act 1985

270 Subsection 3(1) (definition of Australian authority)

Omit “a Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.

271 Subsection 57(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

272 Section 63

Repeal the section.

Australian War Memorial Act 1980

273 Subsection 23(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

274 Subsection 27(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

275 Subsections 27(2), (3) and (4)

Repeal the subsections, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

(b)

the Director is the Head of that Statutory Agency.

276 Subsection 28(1)

Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.

Australian Wine and Brandy Corporation Act 1980

277 Subsection 39ZL(1)

Omit “a Department of the Commonwealth”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.

Australian Wool Research and Promotion Organisation Act 1993

278 Subsection 4(1) (definition of designated group)

Repeal the definition, substitute:

designated group means any of the following classes of persons:

(a)

members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;

(b)

persons who have migrated to Australia and whose first language is not English, and the children of such persons;

(c)

persons with a physical or mental disability.

Bank Integration Act 1991

279 Subsection 5(1) (subparagraph (b)(ii) of the definition of authorised person)

Repeal the subparagraph, substitute:

(ii) an SES employee or acting SES employee;

Bankruptcy Act 1966

280 Subsection 31A(5)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Bounty (Books) Act 1986

281 Subsection 32(1)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Broadcasting Services Act 1992

282 Subsection 165(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

283 Subsection 165(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Chairperson and the APS employees assisting the Chairperson together constitute a Statutory Agency; and

(b)

the Chairperson is the Head of that Statutory Agency.

Chemical Weapons (Prohibition) Act 1994

284 Paragraph 99(c)

Repeal the paragraph, substitute:

(c) an SES employee, or acting SES employee, in the Department;

Child Support (Assessment) Act 1989

285 Subparagraph 149(1)(c)(i)

Repeal the subparagraph, substitute:

(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or

286 Subsection 150(1) (subparagraph (c)(i) of the definition of person to whom this section applies)

Repeal the subparagraph, substitute:

(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or

Child Support (Registration and Collection) Act 1988

287 Subparagraph 15(1)(c)(i)

Repeal the subparagraph, substitute:

(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or

288 Subsection 16(1) (subparagraph (c)(i) of the definition of person to whom this section applies)

Repeal the subparagraph, substitute:

(i) the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or

Christmas Island Act 1958

289 Paragraph 8G(7)(h)

Repeal the paragraph, substitute:

(h) a person appointed or engaged under the Public Service Act 1999;

290 Subsection 17(1)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

291 Subsection 17(3)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Civil Aviation Act 1988

292 Subsection 37(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

Classification (Publications, Films and Computer Games) Act 1995

293 Subsection 54(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

294 Subsection 54(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

(b)

the Director is the Head of that Statutory Agency.

295 Subsection 59(2)

Omit “an officer of the Australian Public Service”, substitute “appointed or engaged under the Public Service Act 1999”.

296 Subsection 61(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”,

substitute “A”.

Cocos (Keeling) Islands Act 1955

297 Paragraph 8G(7)(h)

Repeal the paragraph, substitute:

(h) a person appointed or engaged under the Public Service Act 1999;

298 Subsections 15A(1) and (3)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

Commonwealth Authorities and Companies Act 1997

299 Subsection 23(2)

Omit “an officer or employee within the meaning of the Public Service Act 1999”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Commonwealth Bank Sale Act 1995

300 Subsection 20(5) (subparagraph (c)(i) of the definition of authorised person)

Repeal the subparagraph, substitute:

(i) is an SES employee, or acting SES employee, in the Department; and

Commonwealth Electoral Act 1918

301 Paragraph 6(5)(a)

Repeal the paragraph, substitute:

(a) an office of Agency Head (within the meaning of the Public Service Act 1999); or

302 Subsection 23(1)

Omit “Subject to section 87E of the Public Service Act 1922, an”, substitute “An”.

303 Paragraph 29(1)(a)

Repeal the paragraph, substitute:

(a) persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and

304 Subsection 29(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and

(b)

the Electoral Commissioner is the Head of that Statutory Agency.

305 Subsection 35(3)

Omit all the words after “Commission”.

306 Subsection 35(5)

Repeal the subsection.

307 Paragraph 60(3)(b)

Omit “an officer”, substitute “a person”.

308 Paragraph 60(3)(b)

Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.

309 Paragraph 60(3A)(d)

Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.

310 Paragraph 60(4)(b)

Omit “an officer”, substitute “a person”.

311 Subsection 91(1) (definition of Secretary of a Department)

Repeal the definition.

312 Paragraph 91(11)(a)

Omit “Secretary of a Department”, substitute “Agency Head of an Agency (within the meaning of the Public Service Act 1999)”.

313 Paragraph 193(2)(b)

Repeal the paragraph, substitute:

(b) a person appointed or engaged under the Public Service Act 1999;

314 Subsection 279B(1)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

315 Subsection 279B(7)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

316 Subsection 311A(4) (paragraph (c) of the definition of Commonwealth Department)

Repeal the paragraph, substitute:

(c) an Agency (within the meaning of the Public Service Act 1999).

317 Subsection 311A(4) (paragraph (b) of the definition of principal officer)

Repeal the paragraph, substitute:

(b) in relation to an Agency—the Agency Head (within the meaning of the Public Service Act 1999) of the Agency.

Commonwealth Grants Commission Act 1973

318 Subsection 10(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”,

substitute “A”.

319 Subsection 15(2)

Omit “officers or employees employed under the Public Service Act 1922”, substitute “APS employees”.

Commonwealth Inscribed Stock Act 1911

320 Paragraph 51H(2)(b)

After “office”, insert “or position”.

321 Paragraph 51K(1)(a)

After “office”, insert “or position”.

Commonwealth Legal Aid Act 1977

322 Part IV

Repeal the Part.

Commonwealth Serum Laboratories Act 1961

323 Subsection 19X(1)

Omit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.

324 Subsection 19X(2)

Repeal the subsection.

Commonwealth Services Delivery Agency Act 1997

325 Section 3 (paragraph (a) of the definition of principal officer)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

326 Subsection 35(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

327 Subsection 35(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

(b)

the Chief Executive Officer is the Head of that Statutory Agency.

Commonwealth Superannuation Board Act 1999

328 Subsection 23(10) (paragraph (c) of the definition of agency)

Repeal the paragraph, substitute:

(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or

329 Subsection 24(10) (paragraph (c) of the definition of agency)

Repeal the paragraph, substitute:

(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or

Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997

330 Section 7

Repeal the section, substitute:

7 Registrar

(1)

There is to be a position in the Department whose duties include the general control of the register.

(2)

The Registrar is the APS employee who is performing the duties of the position referred to in subsection (1).

Complaints (Australian Federal Police) Act 1981

331 Paragraph 41(1)(c)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

332 Subsection 64(3)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

Constitutional Convention (Election) Act 1997

333 Paragraph 102(6)(a)

Omit “officer of the Australian Public Service”, substitute “APS employee”.

334 Subsection 113(1)

Omit “officer of the Australian Public Service”, substitute “APS employee”.

335 Subsection 113(7)

Omit “officer of the Australian Public Service”, substitute “APS employee”.

Construction Industry Reform and Development Act 1992

336 Subsection 38(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Co-operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978

337 Paragraph 5(c)

Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.

Copyright Act 1968

338 Subsection 170(2)

Omit “Public Service Act 1922-1968”, substitute “Public Service Act 1999”.

Corporate Law Economic Reform Program Act 1998

339 Subsection 27A(2)

Omit “officer or employee within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Council for Aboriginal Reconciliation Act 1991

340 Subsection 20(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

341 Section 26

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

342 Paragraph 29(1)(c)

Repeal the paragraph, substitute:

(c) an SES employee or acting SES employee.

Crimes Act 1914

343 Subsection 3(1) (paragraph (a) of the definition of Commonwealth officer)

Repeal the paragraph, substitute:

(a) a person appointed or engaged under the Public Service Act 1999;

344 Subsection 16(1) (paragraph (b) of the definition of parole officer)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

345 Subsection 21F(3)

Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.

346 Subsection 56(2) (definition of eligible person)

Omit “a Senior Executive Service Officer in the Department of Foreign Affairs and Trade appointed or employed under the Public Service Act 1922”, substitute “an SES employee in the Department of Foreign Affairs and Trade”.

347 Section 85ZL (definition of Commonwealth Department)

Omit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.

348 Section 85ZL

Insert:

Secretary, in relation to a Commonwealth Department, means the

Agency Head within the meaning of the Public Service Act 1999.

Crimes (Aviation) Act 1991

349 Subsection 3(1) (paragraph (c) of the definition of authorised person)

Omit “a Senior Executive Service officer employed under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.

350 Subsection 3(1) (paragraph (d) of the definition of authorised person)

Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

351 Subparagraph 23(2)(c)(i)

Omit “an officer of, or a person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.

Criminology Research Act 1971

352 Subsection 19(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

CSL Sale Act 1993

353 Subsection 44(3) (paragraph (b) of the definition of authorised person)

Repeal the paragraph, substitute:

(b) an SES employee, or acting SES employee, in that Department.

354 Subsection 47(4) (paragraph (c) of the definition of authorised person)

Repeal the paragraph, substitute:

(c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.

Customs Act 1901

355 Subsection 208DA(1) (definition of prescribed officer)

Repeal the definition, substitute:

prescribed officer means an SES employee, or acting SES employee, in the Attorney-General’s Department.

Customs Administration Act 1985

356 Subsection 9(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”,

substitute “The”.

357 Subsection 15(1)

Omit “appointed or employed under the Public Service Act 1922”,

substitute “engaged under the Public Service Act 1999”.

358 Subsection 15(2)

Repeal the subsection, substitute:

(2) For the purposes of the Public Service Act 1999:

(a)

the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and

(b)

the CEO is the Head of that Statutory Agency.

Dairy Produce Act 1986

359 Paragraph 109C(b)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

360 Clause 1 of the Schedule (definition of designated group)

Repeal the definition, substitute:

designated group means any of the following classes of persons:

(a)

members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;

(b)

persons who have migrated to Australia and whose first language is not English, and the children of such persons;

(c)

persons with a physical or mental disability.

Debits Tax Administration Act 1982

361 Subsection 3(1) (definition of officer)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Defence Act 1903

362 Paragraph 58B(1A)(a)

Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.

363 Subsection 73A(1)

Omit “or officer in the Australian Public Service who communicates to any person”, substitute “, or person appointed or engaged under the Public Service Act 1999, who communicates to any other person”.

364 Subsection 120B(16) (definition of paying officer)

Omit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999”.

365 Subsection 123(2)

Omit “officer within the meaning of the Public Service Act 1922”, substitute “APS employee”.

366 Subparagraph 123(2)(a)(i)

Omit “officer or employee within the meaning of that Act”, substitute “APS employee”.

367 Subsection 124(1A)

Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.

Defence Force Discipline Act 1982

368 Subsections 175(1) and (2)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Defence Force Discipline Appeals Act 1955

369 Subsection 19(4)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

Defence Force Retirement and Death Benefits Act 1973

370 Subsection 131(4)

Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.

Defence Housing Authority Act 1987

371 Subsection 3(1) (definition of designated office in the Department)

Repeal the definition.

372 Subsection 3(1)

Insert: