PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) AMENDMENT BILL 1999

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PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) AMENDMENT BILL 1999

1998-99

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Public Employment (Consequential and Transitional) Amendment Bill 1999

No. , 1999

(Prime Minister)

A Bill for 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

ISBN 0642392218

Contents

Aboriginal and Torres Strait Islander Commission Act 1989 15

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 17

Aboriginal Councils and Associations Act 1976 17

Aboriginal Land Rights (Northern Territory) Act 1976 18

Acts Interpretation Act 1901 18

Administrative Appeals Tribunal Act 1975 20

Administrative Arrangements Act 1987 20

Administrative Decisions (Judicial Review) Act 1977 21

Affirmative Action (Equal Employment Opportunity for Women) Act 1986 21

Aged Care Act 1997 22

Aged Care Income Testing Act 1997 22

Agricultural and Veterinary Chemicals (Administration) Act 1992 22

Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 22

Aircraft Noise Levy Collection Act 1995 23

Airline Equipment (Loan Guarantee) Act 1972 23

Airline Equipment (Loan Guarantee) Act 1976 23

Airline Equipment (Loan Guarantee) Act 1977 24

Airline Equipment (Loan Guarantee) Act 1978 24

Airline Equipment (Loan Guarantee) Act (No. 2) 1978 24

Airline Equipment (Loan Guarantee) Act 1980 24

Airline Equipment (Loan Guarantee) Act 1981 24

Airports Act 1996 25

Air Services Act 1995 25

Albury-Wodonga Development Act 1973 25

ANL Guarantee Act 1994 26

Anti-Dumping Authority Act 1988 26

Archives Act 1983 26

Auditor-General Act 1997 27

Australia Council Act 1975 27

Australia-Japan Foundation Act 1976 28

Australian Bicentennial Road Development Trust Fund Act 1982 28

Australian Broadcasting Corporation Act 1983 28

Australian Bureau of Statistics Act 1975 28

Australian Capital Territory Government Service (Consequential Provisions) Act 1994 29

Australian Capital Territory (Planning and Land Management) Act 1988 31

Australian Centre for International Agricultural Research Act 1982 32

Australian Communications Authority Act 1997 33

Australia New Zealand Food Authority Act 1991 33

Australian Federal Police Act 1979 34

Australian Film Commission Act 1975 34

Australian Film, Television and Radio School Act 1973 35

Australian Hearing Services Act 1991 35

Australian Heritage Commission Act 1975 36

Australian Industry Development Corporation Act 1970 36

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 37

Australian Institute of Health and Welfare Act 1987 37

Australian Institute of Marine Science Act 1972 38

Australian Land Transport Development Act 1988 38

Australian Land Transport (Financial Assistance) Act 1985 38

Australian Law Reform Commission Act 1996 38

Australian Maritime Safety Authority Act 1990 39

Australian National Maritime Museum Act 1990 39

Australian National Railways Commission Act 1983 40

Australian National Training Authority Act 1992 40

Australian Nuclear Science and Technology Organisation Act 1987 41

Australian Protective Service Act 1987 42

Australian Science, Technology and Engineering Council Act 1978 42

Australian Securities Commission Act 1989 43

Australian Security Intelligence Organization Act 1979 44

Australian Space Council Act 1994 45

Australian Sports Commission Act 1989 45

Australian Sports Drug Agency Act 1990 46

Australian Tourist Commission Act 1987 46

Australian Trade Commission Act 1985 46

Australian War Memorial Act 1980 47

Australian Wine and Brandy Corporation Act 1980 47

Australian Wool Research and Promotion Organisation Act 1993 48

Banking Act 1959 48

Bank Integration Act 1991 48

Bankruptcy Act 1966 48

Bounty (Books) Act 1986 49

Broadcasting Services Act 1992 49

Chemical Weapons (Prohibition) Act 1994 49

Child Support (Assessment) Act 1989 49

Child Support (Registration and Collection) Act 1988 50

Christmas Island Act 1958 50

Civil Aviation Act 1988 50

Classification (Publications, Films and Computer Games) Act 1995 51

Cocos (Keeling) Islands Act 1955 51

Commonwealth Authorities and Companies Act 1997 51

Commonwealth Bank Sale Act 1995 52

Commonwealth Electoral Act 1918 52

Commonwealth Grants Commission Act 1973 55

Commonwealth Inscribed Stock Act 1911 55

Commonwealth Legal Aid Act 1977 55

Commonwealth Serum Laboratories Act 1961 55

Commonwealth Services Delivery Agency Act 1997 55

Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997 56

Complaints (Australian Federal Police) Act 1981 56

Constitutional Convention (Election) Act 1997 56

Construction Industry Reform and Development Act 1992 57

Co-operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978 57

Copyright Act 1968 57

Cotton Research Act 1982 57

Council for Aboriginal Reconciliation Act 1991 58

Crimes Act 1914 58

Crimes (Aviation) Act 1991 59

Criminology Research Act 1971 59

CSL Sale Act 1993 59

Customs Act 1901 60

Customs Administration Act 1985 60

Dairy Produce Act 1986 60

Debits Tax Administration Act 1982 61

Deer Velvet Export Charge Act 1992 61

Deer Velvet Levy Act 1992 61

Defence Act 1903 61

Defence Force Discipline Act 1982 62

Defence Force Discipline Appeals Act 1955 62

Defence Force Retirement and Death Benefits Act 1973 62

Defence Housing Authority Act 1987 63

Defence Service Homes Act 1918 64

Defence (Special Undertakings) Act 1952 64

Designs Act 1906 64

Development Allowance Authority Act 1992 65

Director of Public Prosecutions Act 1983 65

Disability Discrimination Act 1992 66

Disability Services Act 1986 66

Economic Planning Advisory Commission Act 1983 66

Education Legislation Amendment Act 1997 67

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 67

Employment, Education and Training Act 1988 67

Employment Services Act 1994 68

Endangered Species Protection Act 1992 69

Environment Protection (Alligator Rivers Region) Act 1978 69

Equal Employment Opportunity (Commonwealth Authorities) Act 1987 69

Evidence Act 1995 72

Excise Tariff Act 1921 72

Family Law Act 1975 72

Federal Airports Corporation Act 1986 74

Federal Court of Australia Act 1976 75

Financial Corporations Act 1974 77

Financial Management and Accountability Act 1997 77

Financial Transaction Reports Act 1988 77

First Home Owners Act 1983 77

Fisheries Management Act 1991 78

Fishing Industry Research Act 1969 78

Foreign Evidence Act 1994 78

Forestry and Timber Bureau Act 1930 78

Freedom of Information Act 1982 78

Fringe Benefits Tax (Application to the Commonwealth) Act 1986 79

Fringe Benefits Tax Assessment Act 1986 79

Governor-General Act 1974 79

Great Barrier Reef Marine Park Act 1975 80

Hazardous Waste (Regulation of Exports and Imports) Act 1989 80

Health Insurance Act 1973 81

Health Insurance Commission Act 1973 81

High Court of Australia Act 1979 82

Horticultural Policy Council Act 1987 82

Housing Assistance Act 1996 82

Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990 83

Human Rights and Equal Opportunity Commission Act 1986 83

Immigration (Education) Act 1971 84

Income Tax Assessment Act 1936 84

Income Tax Assessment Act 1997 85

Industrial Chemicals (Notification and Assessment) Act 1989 85

Industry Commission Act 1989 87

Industry Research and Development Act 1986 87

Inspector-General of Intelligence and Security Act 1986 87

Insurance Acquisitions and Takeovers Act 1991 88

Insurance (Agents and Brokers) Act 1984 89

Insurance and Superannuation Commissioner Act 1987 89

Insurance Contracts Act 1984 90

Insurance Supervisory Levies Collection Act 1989 91

International Air Services Commission Act 1992 91

International Shipping (Australian-resident Seafarers) Grants Act 1995 91

International Transfer of Prisoners Act 1997 91

Lands Acquisition Act 1989 92

Legislative Instruments Act 1997 92

Life Insurance Act 1995 92

Long Service Leave (Commonwealth Employees) Act 1976 92

Management and Investment Companies Act 1983 95

Maternity Leave (Commonwealth Employees) Act 1973 95

Meat and Live-stock Industry Act 1995 98

Meat Inspection Arrangements Act 1964 98

Members of Parliament (Staff) Act 1984 98

Merit Protection (Australian Government Employees) Act 1984 100

Migration Act 1958 100

Motor Vehicle Standards Act 1989 101

National Crime Authority Act 1984 102

National Environment Protection Council Act 1994 102

National Gallery Act 1975 103

National Health Act 1953 103

National Health and Medical Research Council Act 1992 104

National Labour Consultative Council Act 1977 105

National Library Act 1960 105

National Museum of Australia Act 1980 106

National Occupational Health and Safety Commission Act 1985 107

National Parks and Wildlife Conservation Act 1975 108

National Roads Act 1974 108

National Transmission Network Sale Act 1997 108

Native Title Act 1993 109

Natural Heritage Trust of Australia Act 1997 110

Natural Resources Management (Financial Assistance) Act 1992 110

Naval Defence Act 1910 110

Norfolk Island Act 1979 111

Nuclear Non-Proliferation (Safeguards) Act 1987 111

Occupational Health and Safety (Commonwealth Employment) Act 1991 111

Occupational Health and Safety (Maritime Industry) Act 1993 112

Office of National Assessments Act 1977 112

Ombudsman Act 1976 113

Overseas Students (Refunds) Act 1990 115

Ozone Protection Act 1989 115

Parliamentary Contributory Superannuation Act 1948 115

Parliamentary Counsel Act 1970 116

Patents Act 1990 116

Petroleum Excise (Prices) Act 1987 116

Petroleum Resource Rent Tax Assessment Act 1987 117

Plant Breeder’s Rights Act 1994 117

Pooled Development Funds Act 1992 117

Prawn Export Promotion Act 1995 117

Prices Surveillance Act 1983 117

Primary Industries Levies and Charges Collection Act 1991 118

Privacy Act 1988 118

Proceeds of Crime Act 1987 119

Protection of Movable Cultural Heritage Act 1986 119

Public Lending Right Act 1985 119

Public Service Act 1922 119

Qantas Sale Act 1992 120

Racial Discrimination Act 1975 120

Radiocommunications Act 1992 120

Referendum (Machinery Provisions) Act 1984 121

Registration of Deaths Abroad Act 1984 121

Remuneration and Allowances Act 1990 122

Remuneration Tribunal Act 1973 123

Repatriation Institutions (Transfer) Act 1992 124

Reserve Bank Act 1959 125

Retirement Savings Accounts Act 1997 126

Roads Grants Act 1974 126

Roads Grants Act 1980 126

Roads Grants Act 1981 126

Rural Adjustment Act 1992 127

Rural Industries Research Act 1985 127

Safety, Rehabilitation and Compensation Act 1988 127

Science and Industry Research Act 1949 128

Seafarers Rehabilitation and Compensation Act 1992 128

Seafarers Rehabilitation and Compensation Levy Collection Act 1992 129

Sea Installations Act 1987 129

Sex Discrimination Act 1984 130

Shipping Registration Act 1981 130

Ships (Capital Grants) Act 1987 130

Snowy Mountains Engineering Corporation Limited Sale Act 1993 131

Snowy Mountains Hydro-electric Power Act 1949 131

Social Security Act 1991 131

Special Broadcasting Service Act 1991 132

Special Prosecutors Act 1982 132

States Grants (Education Assistance—Participation and Equity) Act 1983 132

States Grants (Petroleum Products) Act 1965 132

States Grants (Roads) Act 1977 133

States Grants (Schools Assistance) Act 1983 133

States Grants (Schools Assistance) Act 1984 133

Stevedoring Industry Charge Assessment Act 1947 133

Student and Youth Assistance Act 1973 133

Superannuation Act 1976 133

Superannuation Act 1990 139

Superannuation Benefits (Supervisory Mechanisms) Act 1990 140

Superannuation Contributions Tax (Assessment and Collection) Act 1997 141

Superannuation Entities (Taxation) Act 1987 141

Superannuation Guarantee (Administration) Act 1992 141

Superannuation Industry (Supervision) Act 1993 142

Superannuation (Productivity Benefit) Act 1988 142

Superannuation (Resolution of Complaints) Act 1993 143

Taxation Administration Act 1953 143

Telecommunications Act 1997 144

Telecommunications (Interception) Act 1979 144

Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 145

Telstra Corporation Act 1991 145

Termination Payments Tax (Assessment and Collection) Act 1997 146

Therapeutic Goods Act 1989 146

Tobacco Charges Assessment Act 1955 147

Trade Marks Act 1995 147

Trade Practices Act 1974 148

Trade Representatives Act 1933 149

Transport (Planning and Research) Act 1974 150

Transport Planning and Research (Financial Assistance) Act 1977 150

Veterans’ Entitlements Act 1986 150

War Graves Act 1980 152

Wet Tropics of Queensland World Heritage Area Conservation Act 1994 152

Wheat Marketing Act 1989 152

Wildlife Protection (Regulation of Exports and Imports) Act 1982 152

Williamstown Dockyard Employees Act 1987 153

Wool International Act 1993 153

Wool Tax (Administration) Act 1964 153

Workplace Relations Act 1996 153

A Bill for 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

The Parliament of Australia enacts:

Part 1—Preliminary

1 Short title

This Act may be cited as the Public Employment (Consequential and Transitional) Amendment Act 1999.

2 Commencement

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(3) If:

(a) an item (the amending item) of a Schedule to this Act is expressed to amend another Act (the amended Act); and

(b) the whole of the amended Act is expressed to commence at one time; and

then the amending item commences immediately after the commencement of the amended Act.

(4) If:

(a) an item (the amending item) of a Schedule to this Act is expressed to amend, or to amend a part of, a section (the amended section) of another Act; and

(b) at the time when the Public Service Act 1999 commences, none of the amended section has yet commenced;

then the amending item commences immediately after the commencement of the amended section.

(5) If the Employment, Education and Training Amendment Act 1997 commences before the commencing time, then items 386 and 387 of Schedule 1 to this Act never commence.

(6) If item 66 of Schedule 7 to the Financial Laws Amendment Act 1997 commences before the commencing time, then items 524, 525, 526, 527 and 528 of Schedule 1 to this Act never commence.

(7) If Schedule 8 to the Financial Laws Amendment Act 1997 commences before the commencing time, then items 519, 520, 521, 522, 523, 532, 533, 534, 535 and 536 of Schedule 1 to this Act never commence.

Part 2—Repeals and amendments

3 Schedule(s)

(1) Subject to section 2 and this section, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

(2) If, at the commencing time, subsection 43(2) of the Human Rights and Equal Opportunity Commission Act 1986 refers to the President (rather than the Commission), then the item in Schedule 1 to this Act that replaces subsection 43(2) of that Act takes effect as if “President” were substituted for “Commission” (wherever occurring) in the replacement subsection.

(3) If, at the commencing time, subsection 43(2) of the Human Rights and Equal Opportunity Commission Act 1986 refers to the Commission (rather than the President), then the first amendment of that subsection after the commencing time that substitutes “President” for “Commission” applies to “Commission” (wherever occurring).

Part 3—Transitional provisions

4 Interpretation

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.

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 67 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 person to whom Division 3 of Part IV of the old Act applied immediately before the commencing time.

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

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;

(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.

Fixed-term SES officer

(3) 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

(4) 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 APS employee under the new Act.

Non-SES officers

(5) 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 APS employee under the new Act.

Term employees

(6) 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

(7) 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 APS employee under the new Act.

Overseas-engaged employees

(8) 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

(9) 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.

6 Rights under Part IV of the old Act—first tier

(1) During the transitional period, a first-tier person is taken to be absent from duty as an APS employee, on leave without pay.

(2) Service by a first-tier person in eligible public employment during the transitional period is counted, for the purposes of accrual of recreation leave credits and sick leave credits, as if it were service as an APS employee.

(3) A first-tier person is taken to have resigned as an APS employee at the end of the transitional period unless, before the end of the transitional period:

(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:

(a) gives a notice under paragraph (3)(a) of this section; and

(b) is absent from duty without leave on the first working day 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.

(5) If a person would have ceased to be an officer under the old Act at a particular time because of section 87JA or 87JB of the old Act (if the old Act had not been repealed), then the person is taken to have resigned as an APS employee at that time.

7 Rights under Part IV of the old Act—second tier

(1) A second-tier person is entitled to be engaged as an APS employee, in accordance with the regulations, within the time limits prescribed by the regulations.

(2) Regulations made for the purposes of subsection (1) may prescribe exceptions to the entitlement.

8 Retirement and redeployment of Secretaries

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

(1) At the commencing time, each Agency Head is taken to have made a determination (a continued determination) under section 24 of the new Act containing the terms of each transitional 82D determination.

(2) A continued determination may be amended or revoked by the Agency Head in the same way as if it had actually been made under section 24 of the new Act.

(3) Unless it is sooner revoked, a continued determination (including any amendments made by an Agency Head under section 24 of the new Act) ceases to be in force on the first anniversary of the commencing time.

10 Misconduct

(1) An Agency Head may, under section 15 of the new Act, impose the same sanctions on an APS employee in the Agency for pre-commencement misconduct as the Agency Head could have imposed on the employee for that conduct under that section if the conduct had happened after the commencing time.

(2) Subsection (1) does not apply to conduct for which a person was charged under the old Act before the commencing time.

(3) For the purposes of this section, the procedures referred to in section 15 of the new Act apply in determining whether:

(a) conduct was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act; and

(b) conduct would have been a breach of the Code of Conduct if the conduct had happened after the commencing time.

11 Secretaries of core Departments

(1) At the commencing time, the name of each Secretary of a core Department is amended by changing “Secretary to” to “Secretary of”.

(2) In any statutory instrument:

(a) a reference to the Secretary to a Department includes a reference to the Secretary of a Department; and

(b) a reference to the Secretary to a specified Department includes a reference to the Secretary of the specified Department.

12 Parliamentary Departments

(1) The Parliamentary Departments continue in existence, and the old Act, the Merit Protection Act and other Acts continue to apply in relation to the Parliamentary Departments as if the old Act and the Merit Protection Act had not been repealed.

(2) In any Act (other than the Privacy Act 1988):

(a) a replacement reference to an Agency is to be read as including a reference to a Parliamentary Department; and

(b) a replacement reference to an Agency Head (not including a reference to the Agency Head of a particular Agency) is to be read as including a reference to the Secretary (within the meaning of the old Act) of a Parliamentary Department.

(3) This section has effect subject to any modifications prescribed by the regulations.

(4) This section does not, by implication, limit section 14.

(5) In this section:

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:

(a) references in general terms to an officer include references to a new Act Secretary or an APS employee; and

(b) references to an officer of the Commonwealth include references to a new Act Secretary or an APS employee; and

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

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

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

(f) references in general terms to an office include references to a position occupied by an APS employee; and

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

(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.

14 Regulations

(1) The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The following subsections do not, by implication, limit subsection (1).

(3) Regulations may be made:

(a) in relation to the continuation of the following things under the old Act or the Merit Protection Act, and their effects under the new Act:

(i) processes relating to appointment, re-instatement, transfer, promotion, advancement, classification or retirement;

(ii) inquiries into pre-commencement misconduct for which a person was charged under the old Act before the commencing time;

(iii) appeals against disciplinary directions;

(iv) the performance of functions under Subdivision FA of Division 2 of Part II of the Merit Protection Act;

(v) the review of decisions under Division 3 of Part II of the Merit Protection Act;

(vi) the investigation of grievances under Division 4 of Part II of the Merit Protection Act; and

(b) in relation to the continuation under the new Act of suspensions that were in force under the old Act immediately before the commencing time; and

(i) the review of decisions made under the old Act before the commencing time; and

(ii) the effects, under the new Act, of those reviews; and

(iii) the powers available to a person or body conducting such a review; and

(d) providing for the powers available to a person conducting a review referred to in paragraph (c); and

(e) in relation to arrangements, agreements and other things under Division 9 of Part III of the old Act; and

(f) for other matters of a transitional or saving nature arising from:

(i) the repeal of the old Act or the Merit Protection Act; or

(ii) the transition from the old Act to the new Act;

including such matters arising from the amendments made by a Schedule to this Act or from amendments made by regulations under this section.

(4) Regulations made under subsection (3):

(a) may provide for the old Act or the Merit Protection Act to continue in force for the purposes of the regulations, even though those Acts are repealed by this Act; and

(b) prevail over the old Act, the new Act, the Merit Protection Act and section 13 of this Act, to the extent of any inconsistency.

(5) The regulations may:

(a) amend other Acts, by making amendments of a kind that are consequential on the repeal of the old Act and its replacement by the new Act; and

(b) make provision of a transitional or saving nature in relation to amendments made under paragraph (a).

(6) For the purposes of the Amendments Incorporation Act 1905, amendments made by regulations under paragraph (5)(a) are to be treated as if they had been made by an Act.

(7) Regulations made under this section within one year after the commencement of this section may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this section.

(8) This section does not, by implication, limit any other section of this Act that provides for the making of regulations.

Schedule 1—Repeals and amendments

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 Councils and Associations Act 1976

22 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

23 Paragraph 23E(3)(b)

Omit “Permanent Head” (wherever occurring), substitute “Secretary”.

24 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)”.

25 Subsection 54C(2)

Omit “the officer” (wherever occurring), substitute “the public servant”.

26 Section 59

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

Acts Interpretation Act 1901

27 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.

28 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”.

29 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”.

30 At the end of section 19C

Add:

(2) In this section:

officer includes an APS employee.

31 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.

32 At the end of section 25B

Add:

(3) In this section:

office includes a position occupied by an APS employee.

33 After subsection 33(2)

Insert:

(2AA) In subsection (2), office includes a position occupied by an APS employee.

34 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

35 Subsection 12(1)

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

36 Subsection 24G(1)

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

37 Subsection 24N(3)

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

38 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”.

39 Subsection 24N(4)

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

40 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.

41 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

42 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”.

43 Subsection 19(2)

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

Administrative Decisions (Judicial Review) Act 1977

44 Paragraph (r) of Schedule 2

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

45 Paragraph (s) of Schedule 2

Repeal the paragraph.

46 Subparagraph (t)(ii) of Schedule 2

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

47 Paragraph (w) of Schedule 2

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

Affirmative Action (Equal Employment Opportunity for Women) Act 1986

48 Subsection 29(1)

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

49 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

50 Clause 1 of Schedule 1 (definition of officer)

Repeal the definition.

Aged Care Income Testing Act 1997

51 Section 3 (definition of officer)

Repeal the definition.

Agricultural and Veterinary Chemicals (Administration) Act 1992

52 Paragraph 11(1)(e)

Repeal the paragraph, substitute:

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

53 Section 39

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

54 Paragraph 46(1)(a)

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

55 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

56 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

57 Paragraph 10(3)(a)

Repeal the paragraph, substitute:

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

58 Subsection 14(3)

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

59 Subsection 17(2)

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

60 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

61 Subparagraph 4(d)(i)

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

62 Subparagraph 4(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1976

63 Subparagraph 5(d)(i)

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

64 Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1977

65 Subparagraph 5(d)(i)

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

66 Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1978

67 Subparagraph 5(d)(i)

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

68 Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

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

69 Subparagraph 6(e)(i)

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

70 Subparagraph 6(e)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1980

71 Subparagraph 5(e)(i)

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

72 Subparagraph 5(e)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1981

73 Subparagraph 5(e)(i)

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

74 Subparagraph 5(e)(ii)

Omit “officers”, substitute “APS employees”.

Airports Act 1996

75 Paragraph 244(1)(b)

Repeal the paragraph, substitute:

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

76 Subsection 244(2)

Repeal the subsection.

77 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”.

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

Repeal the definition.

Air Services Act 1995

79 Subsection 30(1)

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

Albury-Wodonga Development Act 1973

80 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”.

81 Paragraph 8(1)(e)

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

82 Paragraph 8(1)(e)

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

83 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)”.

84 Subsection 21(3)

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

85 Section 22

Repeal the section.

ANL Guarantee Act 1994

86 Subsection 5(1)

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

87 Subsection 5(2)

Omit “officer”, substitute “person”.

Anti-Dumping Authority Act 1988

88 Subsection 18(1)

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

Archives Act 1983

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

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

90 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”.

91 Section 9

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

92 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

93 Subsection 40(1)

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

94 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.

95 Subclause 4(1) of Schedule 1

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

Australia Council Act 1975

96 Subsection 12(1)

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

97 Subsection 16(5)

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

98 Subsection 19C(1)

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

Australia-Japan Foundation Act 1976

99 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

100 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

101 Subsection 14A(1)

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

Australian Bureau of Statistics Act 1975

102 Subparagraph 6(5)(b)(i)

Repeal the subparagraph, substitute:

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

103 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”.

104 Subsection 16(3)

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

105 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

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

Repeal the definition.

107 Sections 6 and 7

Repeal the sections.

108 Subsection 8(1)

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

109 Subsection 8(2)

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

110 Subsection 8(2)

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

111 Subsection 8(3)

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

112 Subsection 8(5)

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

113 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)”.

114 Paragraph 10(a)

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

115 Paragraph 10(b)

Omit “Secretary”, substitute “Agency Head”.

116 Part 3

Repeal the Part.

117 Section 24

Repeal the section.

118 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.

119 Subsection 25(2)

Repeal the subsection.

120 Subsection 25(3)

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

121 Subsections 25(3) and (4)

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

122 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”.

123 Subsection 25(4)

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

124 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”.

125 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”.

126 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”.

127 Subparagraph 26(2)(a)(i)

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

128 Paragraph 26(2)(b)

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

129 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

130 Subsection 38(1)

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

131 Subsection 47(1)

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

132 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

133 Paragraph 19(1)(c)

Omit “office”, substitute “position”.

134 Subsection 26(1)

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

135 Subsection 30(1)

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

136 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.

137 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)”.

138 Subsection 31(1)

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

Australian Communications Authority Act 1997

139 Subsection 35(1)

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

140 Subsection 40(1)

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

141 Subsection 40(2)

Repeal the subsection, substitute:

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

(a) the Chairman and the APS employees assisting the Chairman together constitute a Statutory Agency; and

(b) the Chairman is the Head of that Statutory Agency.

Australia New Zealand Food Authority Act 1991

142 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)”.

143 Paragraphs 38(d) and (e)

After “in those”, insert “Agencies,”.

144 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)”.

145 Paragraph 39(7)(a)

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

146 Subsection 53(1)

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

147 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

148 Subsection 21(1)

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

149 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;

Australian Film Commission Act 1975

150 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

151 Subsection 17(1)

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

Australian Hearing Services Act 1991

152 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”.

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

Omit “within the meaning of that Act”.

154 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)”.

155 Paragraph 67(7)(a)

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

156 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)”.

157 Paragraphs 68(d) and (e)

After “in those”, insert “Agencies,”.

158 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

159 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)”.

160 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”.

161 Subsection 32(1)

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

162 Section 33

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

163 Section 33

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

Australian Industry Development Corporation Act 1970

164 Section 29W

Repeal the section.

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

Repeal the paragraph, substitute:

166 Paragraph 34X(1)(c)

Repeal the paragraph, substitute:

167 Subsection 34X(2)

Repeal the subsection.

168 Paragraph 37A(1)(c)

Repeal the paragraph, substitute:

169 Subsection 37A(2)

Repeal the subsection.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

170 Subsection 29(1)

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

171 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.

172 Section 45A

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

Australian Institute of Health and Welfare Act 1987

173 Subsection 11(1)

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

174 Paragraph 19(1)(a)

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

175 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

176 Subsection 25(1)

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

177 Section 34

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

Australian Land Transport Development Act 1988

178 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

179 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

180 Subsection 19(1)

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

Australian Maritime Safety Authority Act 1990

181 Subsection 17(1)

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

182 Subsection 51A(1)

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

183 Paragraph 57(a)

Omit “, or Associate Secretary,”.

184 Paragraph 57(b)

Repeal the paragraph, substitute:

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

Australian National Maritime Museum Act 1990

185 Subsection 34(1)

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

186 Subsection 40(1)

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

187 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.

188 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)”.

189 Subsection 41(1)

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

Australian National Railways Commission Act 1983

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

Repeal the paragraph, substitute:

191 Paragraph 67AZV(1)(c)

Repeal the paragraph, substitute:

192 Subsection 67AZV(2)

Repeal the subsection.

Australian National Training Authority Act 1992

193 Subsection 30(1)

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

194 Paragraph 40A(1)(a)

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

195 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

196 Subsection 43(1)

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

197 Subsection 45(4)

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

198 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.

199 Paragraph 46(1)(a)

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

200 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

201 Subsection 21A(1)

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

202 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)”.

203 Subsection 24(2)

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

204 Subsection 37J(1)

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

205 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)”.

206 Subsection 37P(2)

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

Australian Protective Service Act 1987

207 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”.

208 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”.

209 Paragraph 12(3)(c)

Repeal the paragraph, substitute:

Australian Science, Technology and Engineering Council Act 1978

210 Section 3 (definition of Commonwealth Department)

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

211 Subsection 13(1)

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

212 Subsection 19(1)

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

Australian Securities Commission Act 1989

213 Subsection 113(1)

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

214 Subsection 120(1)

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

215 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.

216 Subsection 120(3)

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

217 Subsection 120(4)

Omit “Commission”, substitute “Chairperson”.

218 Subsection 121(1)

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

219 Subsection 121(2)

Omit “Commission”, substitute “Chairperson”.

220 Paragraph 122(a)

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

221 Paragraph 125(1)(a)

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

222 Subsection 156(1)

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

223 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.

224 Paragraph 158(a)

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

225 Subsection 180(1)

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

Australian Security Intelligence Organization Act 1979

226 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”.

227 Subsection 11(1)

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

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

Repeal the definition.

229 Subsection 24(3) (paragraph (a) of the definition of senior officer of the Organization)

Repeal the paragraph, substitute:

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

230 Section 86

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

231 Subsection 90(5)

Repeal the subsection.

232 Section 90A

Repeal the section.

Australian Space Council Act 1994

233 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

234 Subsection 14(1)

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

235 Subsection 35(1)

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

236 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)”.

237 Subsection 41(3)

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

Australian Sports Drug Agency Act 1990

238 Subsection 33(3)

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

239 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)”.

240 Subsection 56(3)

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

Australian Tourist Commission Act 1987

241 Subsection 13(4)

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

242 Subsection 18(3)

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

243 Subsection 36(1)

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

Australian Trade Commission Act 1985

244 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)”.

245 Subsection 57(1)

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

246 Section 63

Repeal the section.

Australian War Memorial Act 1980

247 Subsection 23(1)

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

248 Subsection 27(1)

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

249 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.

250 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

251 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

252 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;

Banking Act 1959

253 Subsection 69D(4) (paragraph (c) of the definition of officer)

Repeal the paragraph, substitute:

Bank Integration Act 1991

254 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

255 Subsection 31A(5)

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

Bounty (Books) Act 1986

256 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

257 Subsection 165(1)

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

258 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

259 Paragraph 99(c)

Repeal the paragraph, substitute:

Child Support (Assessment) Act 1989

260 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

261 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

262 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

263 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

264 Paragraph 8G(7)(h)

Repeal the paragraph, substitute:

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

265 Subsection 17(1)

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

266 Subsection 17(3)

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

Civil Aviation Act 1988

267 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

268 Subsection 54(1)

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

269 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.

270 Subsection 59(2)

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

271 Subsection 61(1)

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

Cocos (Keeling) Islands Act 1955

272 Paragraph 8G(7)(h)

Repeal the paragraph, substitute:

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

273 Subsections 15A(1) and (3)

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

Commonwealth Authorities and Companies Act 1997

274 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

275 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

276 Paragraph 6(5)(a)

Repeal the paragraph, substitute:

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

277 Subsection 23(1)

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

278 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

279 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.

280 Subsection 35(3)

Omit all the words after “Commission”.

281 Subsection 35(5)

Repeal the subsection.

282 Paragraph 60(3)(b)

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

283 Paragraph 60(3)(b)

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

284 Paragraph 60(3A)(d)

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

285 Paragraph 60(4)(b)

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

286 Paragraph 60(4)(b)

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

287 Paragraph 61(3)(d)

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

288 Paragraph 61(3)(d)

Omit “an officer” (second occurring), substitute “a person”.

289 Paragraph 61(3)(d)

Omit “officer” (last occurring), substitute “person”.

290 Paragraph 61(4)(b)

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

291 Paragraph 61(4)(b)

Omit “an officer” (second occurring), substitute “a person”.

292 Paragraph 61(4)(b)

Omit “officer” (last occurring), substitute “person”.

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

Repeal the definition.

294 Paragraph 91(11)(a)

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

295 Paragraph 193(2)(b)

Repeal the paragraph, substitute:

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

296 Subsection 279B(1)

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

297 Subsection 279B(7)

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

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

Repeal the paragraph, substitute:

299 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

300 Subsection 10(1)

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

301 Subsection 15(2)

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

Commonwealth Inscribed Stock Act 1911

302 Paragraph 51H(2)(b)

After “office”, insert “or position”.

303 Paragraph 51K(1)(a)

After “office”, insert “or position”.

Commonwealth Legal Aid Act 1977

304 Part IV

Repeal the Part.

Commonwealth Serum Laboratories Act 1961

305 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”.

306 Subsection 19X(2)

Repeal the subsection.

Commonwealth Services Delivery Agency Act 1997

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

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

308 Subsection 35(1)

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

309 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 Vehicles (Registration and Exemption from Taxation) Act 1997

310 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

311 Paragraph 41(1)(c)

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

312 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

313 Paragraph 102(6)(a)

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

314 Subsection 113(1)

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

315 Subsection 113(7)

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

Construction Industry Reform and Development Act 1992

316 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

317 Paragraph 5(c)

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

Copyright Act 1968

318 Subsection 170(2)

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

Cotton Research Act 1982

319 Subsection 14(1)

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

Council for Aboriginal Reconciliation Act 1991

320 Subsection 20(1)

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

321 Section 26

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

322 Paragraph 29(1)(c)

Repeal the paragraph, substitute:

Crimes Act 1914

323 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;

324 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”.

325 Subsection 21F(3)

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

326 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”.

327 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”.

328 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

329 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”.

330 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”.

331 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

332 Subsection 19(1)

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

CSL Sale Act 1993

333 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.

334 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

335 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

336 Subsection 9(1)

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

337 Subsection 15(1)

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

338 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

339 Paragraph 109C(b)

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

340 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;

Debits Tax Administration Act 1982

341 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”.

Deer Velvet Export Charge Act 1992

342 Section 8

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

Deer Velvet Levy Act 1992

343 Section 11

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

Defence Act 1903

344 Paragraph 58B(1A)(a)

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

345 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”.

346 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”.

347 Subsection 123(2)

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

348 Subparagraph 123(2)(a)(i)

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

349 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

350 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

351 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

352 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

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

Repeal the definition.

354 Subsection 3(1)

Insert:

designated position in the Department means a position in the Department that:

(a) is designated, in writing, by the Minister for the purposes of section 60; and

(b) is occupied by an SES employee or acting SES employee.

355 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”.

356 Subparagraph 41(4)(e)(i)

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

357 Subparagraph 41(4)(e)(ii)

Omit “officers of the Australian Public Service”, substitute “those persons”.

358 Subsection 51(1)

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

359 Paragraph 57(1)(a)

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

360 Subsections 57(2) and (3)

Repeal the subsections, substitute:

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

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

(b) the Managing Director is the Head of that Statutory Agency.

361 Subsections 60(1) and (2)

Omit “designated office”, substitute “designated position”.

362 Subsection 60(4)

Omit “designated office” (wherever occurring), substitute “designated position”.

Defence Service Homes Act 1918

363 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)”.

364 Subsection 23J(2)

Omit “or officer” (wherever occurring), substitute “or public servant”.

Defence (Special Undertakings) Act 1952

365 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;

Designs Act 1906

366 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”.

367 Subsection 8A(2)

Repeal the subsection.

Development Allowance Authority Act 1992

368 Subsection 103(1)

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

369 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”.

370 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

371 Subsection 20(1)

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

372 Subsection 27(1)

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

373 Subsection 27(2)

Repeal the subsection, substitute:

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

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

(b) the Director is the Head of that Statutory Agency.

374 Paragraph 31(1A)(b)

Repeal the paragraph, substitute:

(b) an SES employee.

Disability Discrimination Act 1992

375 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;

376 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”.

377 Subsection 116(1)

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

Disability Services Act 1986

378 Subsection 25(1A)

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

379 Subsection 25(1B)

Repeal the subsection.

Economic Planning Advisory Commission Act 1983

380 Subsection 11(1)

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

381 Subsection 16(1)

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

382 Subsection 16(2)

Repeal the subsection, substitute:

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

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

(b) the Commissioner is the Head of that Statutory Agency.

Education Legislation Amendment Act 1997

383 Item 31 of Schedule 1

Repeal the item.

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991

384 Section 17

Omit “officer of the Senior Executive Service”, substitute “SES employee or acting SES employee”.

Employment, Education and Training Act 1988

385 Subsection 17(1)

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

386 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”.

387 Paragraphs 32(3)(b) and (c)

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

388 Subsection 35C(1)

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

389 Subsection 55(2)

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

390 Section 56

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

391 Subsection 69(2)

Omit “subsection 25(6) of the Public Service Act 1922”, substitute “section 56 of the Public Service Act 1999”.

Employment Services Act 1994

392 Subsection 83(2)

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

393 Subsection 98(1)

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

394 Section 110

Repeal the section, substitute:

110 Staff of ESRA

(1) The staff required for the purposes of ESRA are to be persons engaged under the Public Service Act 1999.

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

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

(b) the ESRA Chief Executive Officer is the Head of that Statutory Agency.

395 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

396 Subsection 4(1) (definition of Department)

Repeal the definition, substitute:

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

397 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

398 Section 8

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

399 Section 26

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

400 Paragraph 31(3)(a)

Omit “Permanent Head” (wherever occurring), substitute “Secretary”.

401 Subsection 31(4)

Omit “Permanent Head”, substitute “Secretary”.

Equal Employment Opportunity (Commonwealth Authorities) Act 1987

402 Subsection 3(1) (definition of authority)

Repeal the definition, substitute:

authority means:

(a) an incorporated or unincorporated body or authority established for a public purpose:

(i) by an Act or by regulations made under an Act; or

(ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory);

being a body whose staff consists of, or includes, persons who are not APS employees; or

(b) a company or other body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest;

but does not include any of the following:

(c) a relevant employer as defined in section 3 of the Affirmative Action (Equal Employment Opportunity for Women) Act 1986;

(d) the Australian Dairy Corporation;

(e) the Australian Meat and Live-stock Corporation;

(f) the Australian Wheat Board;

(g) the Australian Wool Research and Promotion Corporation;

(h) Wool International.

403 Subsection 3(1) (definition of Board)

Repeal the definition.

404 Subsection 3(1) (definition of designated group)

Repeal the definition, substitute:

designated group means any of the following classes of persons:

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

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

(d) any other class of persons prescribed by the regulations for the purposes of this definition.

405 Section 8

Repeal the section.

406 Paragraph 9(1)(b)

Omit “or the Board, as the case may be,”.

407 Subsection 9(4)

Repeal the subsection, substitute:

(4) If:

(a) a relevant authority is required by an Act other than this Act to prepare an annual report for presentation to the Parliament; and

(b) the annual report is lodged with the responsible Minister within 3 months after the end of the period to which a program report relates;

then the authority may, with the consent of the responsible Minister, include that program report in the annual report.

408 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.

409 Section 11

Repeal the section, substitute:

11 Minister may make recommendations

(1) After considering a report lodged by a relevant authority under this Part, the responsible Minister may make a recommendation in writing to the authority regarding the action to be taken by the authority to improve the effectiveness of its program.

(2) If the authority does not concur in or adopt a recommendation made under subsection (1), the authority must, within a reasonable time, inform the responsible Minister in writing of the authority’s reasons for not concurring in or adopting the recommendation.

410 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.

411 Sections 13 and 14

Repeal the sections.

Evidence Act 1995

412 After clause 8 of the Dictionary

Insert:

8A References to offices etc.

In this Act:

(a) a reference to a person appointed or holding office under or because of an Australian law or a law of the Commonwealth includes a reference to an APS employee; and

(b) in that context, a reference to an office is a reference to the position occupied by the APS employee concerned.

Excise Tariff Act 1921

413 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

414 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”.

415 Subsection 26JA(1)

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

416 Subsection 37A(8)

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

417 Subsection 37B(1)

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

418 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.

419 Subsection 38G(1)

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

420 Subsection 38N(4)

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

421 Subsection 38N(5)

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

422 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)”.

423 Subsection 38N(8)

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

424 Section 38Q

Repeal the section, substitute:

38Q Statutory Agency etc. for purposes of Public Service Act

For the purposes of the Public Service Act 1999:

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

(b) the Chief Executive Officer is the Head of that Statutory Agency.

425 Section 67H (subparagraphs (a)(i) and (ii) of the definition of appropriate authority)

Repeal the subparagraphs, substitute:

(i) is an SES employee or acting SES employee; or

(ii) holds an office or position that is at a level equivalent to that of an SES employee; or

426 Subsection 114G(1)

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

427 Subsection 114M(1)

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

428 Subsection 114M(2)

Repeal the subsection, substitute:

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

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

(b) the Director is the Head of that Statutory Agency.

429 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

430 Subsection 3(1) (paragraph (a) of the definition of authority of the Commonwealth)

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

431 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

432 Subsection 17(1)

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

433 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)”.

434 Subsection 61(3)

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

435 Paragraphs 61(3)(a) and (b)

Omit “Department”, substitute “Agency”.

436 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

437 Subsection 18AI(1)

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

438 Subsection 18G(1)

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

439 Subsection 18N(4)

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

440 Subsection 18N(5)

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

441 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”.

442 Subsection 18N(6)

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

443 Subsection 18N(8)

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

444 Section 18Q

Repeal the section, substitute:

18Q Statutory Agency etc. for purposes of Public Service Act

For the purposes of the Public Service Act 1999:

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

(b) the Registrar is the Head of that Statutory Agency.

445 Subsection 35A(4)

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

446 Subsection 37F(1)

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

Financial Corporations Act 1974

447 Paragraph 27(1)(d)

Repeal the paragraph, substitute:

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

Financial Management and Accountability Act 1997

448 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

449 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”.

450 Subsection 36B(1)

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

451 Subsection 40(1)

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

452 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.

First Home Owners Act 1983

453 Subsection 4(1) (definition of Secretary)

Repeal the definition.

Fisheries Management Act 1991

454 Subsection 137(4)

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

455 Subsection 138(1)

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

Fishing Industry Research Act 1969

456 Section 9

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

Foreign Evidence Act 1994

457 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

458 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

459 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

460 Subsection 3(1) (paragraph (c) of the definition of Department)

Repeal the paragraph, substitute:

Fringe Benefits Tax Assessment Act 1986

461 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

462 At the end of section 6

Add:

(2) The Official Secretary, together with the staff employed under section 13, constitute the Office of Official Secretary to the Governor-General.

(3) The function of the Office is to assist the Governor-General.

463 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.

464 Section 16

Repeal the section.

465 Section 17

Repeal the section.

Great Barrier Reef Marine Park Act 1975

466 Subsection 13(1)

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

467 Subsection 40(1)

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

468 Subsections 40(2) and (3)

Repeal the subsections, substitute:

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

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

(b) the Chairperson is the Head of that Statutory Agency.

469 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)”.

470 Subsection 42(2)

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

Hazardous Waste (Regulation of Exports and Imports) Act 1989

471 Paragraph 60(b)

Repeal the paragraph, substitute:

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

Health Insurance Act 1973

472 Subsection 106Q(1)

Omit “holding an office or appointment under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.

473 Subsection 106ZB(1)

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

474 Section 106ZM

Repeal the section, substitute:

106ZM Staff

(1) The staff necessary to assist the Director are to be persons engaged under the Public Service Act 1999.

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

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

(b) the Director is the Head of that Statutory Agency.

475 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

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

Omit “Public Service Act 1922-1973”, substitute “Public Service Act 1999”.

477 Subsection 23(1)

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

High Court of Australia Act 1979

478 Subsection 22(1)

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

479 Paragraph 25(3)(a)

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

480 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”.

481 Subsection 26(6)

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

Horticultural Policy Council Act 1987

482 Subsection 25(1)

Omit “officers or employees of the Department”, substitute “APS employees in the Department”.

Housing Assistance Act 1996

483 After paragraph 8(2)(e)

Insert:

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

484 Paragraph 8(2)(f)

Omit “the Commonwealth or”.

485 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

486 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

487 Subsection 39(1)

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

488 Subsection 43(1)

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

489 Subsection 43(2)

Repeal the subsection, substitute:

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

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

(b) the Commission is the Head of that Statutory Agency.

490 Subsection 46F(1)

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

Immigration (Education) Act 1971

491 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

492 Subsection 51AL(23)

Repeal the subsection, substitute:

(23) The Industry Secretary may, by writing, delegate any or all of his or her functions and powers under this section to a person in the Industry Department:

(a) who is an SES employee or an acting SES employee; or

(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or

(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).

493 Subsection 51AL(26) (definition of Senior Executive Service office)

Repeal the definition.

494 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.

495 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”.

496 Subsection 124ZADAA(2)

Repeal the subsection.

497 Section 159UX

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

498 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

499 Section 34-65

Repeal the section, substitute:

34-65 Delegation of powers by Industry Secretary

The ^*Industry Secretary may, by writing, delegate any or all of his or her functions and powers under this Division to a person in the Department of Industry, Science and Tourism:

(a) who holds or performs the duties of a ^*Senior Executive Service office; or

(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or

(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).

500 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

501 Section 5 (definition of Department)

Repeal the definition, substitute:

Department means an Agency within the meaning of the Public Service Act 1999.

502 Section 5 (definition of Secretary)

Repeal the definition, substitute:

Secretary means an Agency Head within the meaning of the Public Service Act 1999.

503 Subsection 84(1)

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

504 Subsection 84(2)

Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.

505 Subsection 94(1)

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

506 Subsection 100(1)

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

507 Subsection 100(1)

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

508 Paragraph 104(c)

Repeal the paragraph, substitute:

509 Section 104A

Repeal the section, substitute:

104A Delegation by Director

The Director may, by signed instrument, delegate to a person:

(a) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or

(b) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (a);

all or any of the Director’s functions or powers under this Act, other than those under subsection 14(4), 17(4) or 19(8) or (9), section 24 or 30A, subsection 37(2), section 38, 44, 50B, 60E or 60F or this section.

Industry Commission Act 1989

510 Subsection 34(1)

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

511 Subsection 43(1)

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

512 Subsection 43(3)

Repeal the subsection, substitute:

(3) 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.

Industry Research and Development Act 1986

513 Paragraph 9(1)(b)

After “office”, insert “or position”.

514 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

515 Paragraph 18(6)(b)

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

516 Subsection 28(1)

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

517 Subsection 32(1)

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

518 Subsection 32(2)

Repeal the subsection, substitute:

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

(a) the Inspector-General and the APS employees assisting the Inspector-General together constitute a Statutory Agency; and

(b) the Inspector-General is the Head of that Statutory Agency.

Insurance Acquisitions and Takeovers Act 1991

519 Paragraphs 75(4)(a) and (b)

Repeal the paragraphs, substitute:

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

(b) an APS employee in the Agency who is approved, in writing, by the Agency Head;

520 Subsection 75(4)

Omit “Department”, substitute “Agency”.

521 Paragraph 75(4)(c)

Omit “Department”, substitute “Agency”.

522 Subsection 75(5)

Omit “the Secretary to a Department of the Commonwealth or to an officer of a Department of the Commonwealth, the Secretary or the officer”, substitute “an Agency Head (within the meaning of the Public Service Act 1999) or an APS employee, the Agency Head or the APS employee”.

523 Subsection 75(6)

Repeal the subsection.

Insurance (Agents and Brokers) Act 1984

524 Paragraphs 34U(6)(a) and (b)

Repeal the paragraphs, substitute:

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

(b) an APS employee in the Agency who is approved, in writing, by the Agency Head;

525 Subsection 34U(6)

Omit “Department”, substitute “Agency”.

526 Paragraph 34U(6)(c)

Omit “Department”, substitute “Agency”.

527 Subsection 34U(7)

528 Subsection 34U(8)

Repeal the subsection.

Insurance and Superannuation Commissioner Act 1987

529 Subsection 9(1)

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

530 Subsection 13(1)

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

531 Subsection 13(2)

Repeal the subsection, substitute:

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

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

(b) the Commissioner is the Head of that Statutory Agency.

Insurance Contracts Act 1984

532 Paragraphs 11F(6)(a) and (b)

Repeal the paragraphs, substitute:

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

(b) an APS employee in the Agency who is approved, in writing, by the Agency Head;

533 Subsection 11F(6)

Omit “Department”, substitute “Agency”.

534 Paragraph 11F(6)(c)

Omit “Department”, substitute “Agency”.

535 Subsection 11F(7)

536 Subsection 11F(8)

Repeal the subsection.

537 Paragraph 11G(b)

Repeal the paragraph, substitute:

(b) who is an SES employee or acting SES employee;

Insurance Supervisory Levies Collection Act 1989

538 Subsection 10(1)

Omit “office in the branch of the Australian Public Service under the control of the Commissioner”, substitute “position in an Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act)”.

International Air Services Commission Act 1992

539 Subsection 44(1)

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

International Shipping (Australian-resident Seafarers) Grants Act 1995

540 Subsection 23(1)

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

541 Subsection 23(2)

Repeal the subsection.

542 Section 24

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

International Transfer of Prisoners Act 1997

543 Paragraph 53(b)

Repeal the paragraph, substitute:

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

Lands Acquisition Act 1989

544 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

545 Section 14

Omit “An officer of the Senior Executive Service”, substitute “An SES employee”.

Life Insurance Act 1995

546 Subsection 216(15) (definition of authorised officer)

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

Long Service Leave (Commonwealth Employees) Act 1976

547 Subsection 4(1) (paragraph (e) of the definition of approving authority)

Repeal the paragraph, substitute:

(e) in any other case:

(i) the chief executive officer of the employing agency (the original agency) in which the person is employed, or in which the person was employed at the time of his or her ceasing to be an employee (whether by reason of death or otherwise); or

(ii) if the original agency no longer exists—the chief executive officer (however described) of the replacement agency determined under subsection (1A).

548 Subsection 4(1)

Insert:

chief executive officer, in relation to an employing agency, means:

(a) if the employing agency is an Agency within the meaning of the Public Service Act 1999—the Agency Head (within the meaning of that Act); or

(b) in any other case—the person (however described) who is the chief executive officer of the employing agency.

549 Subsection 4(1)

Insert:

employing agency means:

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

(b) a public authority of the Commonwealth; or

(d) a company covered by paragraph (6)(c).

550 Subsection 4(1) (definition of officer)

Repeal the definition.

551 After subsection 4(1)

Insert:

(1A) If the employing agency (the original agency) in which a person was employed at the time of his or her ceasing to be an employee no longer exists at a later time, then the replacement agency at that later time is:

(a) the employing agency that is responsible for the matter to which the person’s duties related, or mainly related, at the time of his or her ceasing to be an employee; or

(b) if there is no employing agency that is responsible for that matter—the employing agency that is nominated in writing by the Secretary of the Department.

552 Subsection 4(9)

Repeal the subsection.

553 Subsection 4(10)

Omit “to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 does not apply”.

554 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

555 Sections 9 and 9A

Repeal the sections, substitute:

9 Delegation by approving authority

(1) An approving authority may, in writing, delegate to another person any of the approving authority’s powers or functions under this Act (other than this section).

(2) A person (the first delegate) to whom powers or functions are delegated under subsection (1) may, in writing, delegate any of those powers or functions to another person (the second delegate). However, if the first delegate is subject to directions in relation to the exercise of a power or function delegated under this subsection, the first delegate must give corresponding directions to the second delegate.

(3) A power or function that is exercised or performed by a person under a delegation under subsection (2) is taken, for the purposes of this Act, to have been exercised or performed by the approving authority.

(4) A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function.

(5) In this section:

approving authority does not include the President of the Senate or the Speaker of the House of Representatives.

556 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

557 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

558 Subsection 3(1)

Insert:

Agency Head, in relation to an employee, means:

(a) in the case of an employee in an Agency (within the meaning of the Public Service Act 1999)—the Agency Head within the meaning of that Act; or

(b) in the case of an employee in a prescribed authority—the chief executive officer (however described) of the prescribed authority.

559 Subsection 3(1) (definition of Department of the Australian Public Service)

Repeal the definition.

560 Subsection 3(1) (definition of Secretary)

Repeal the definition.

561 Paragraph 5(1)(a)

Omit “Public Service Act 1922-1973”, substitute “Public Service Act 1999”.

562 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.

563 Subsection 6(4)

Omit “or (4AB)”.

564 Subsection 6(4AB)

Repeal the subsection.

565 Subsection 6(4B)

Omit “or (4AB)”.

566 Subsection 6(4C)

Omit “the Secretary to the Department”, substitute “the Agency Head”.

567 Subsection 6(4F)

Omit “the Secretary to the Department”, substitute “the Agency Head”.

568 Subsection 7A(4)

Omit “the Secretary to the Department”, substitute “the Agency Head”.

569 Subsection 7A(4)

Omit “wishes the Secretary”, substitute “wishes the Agency Head”.

570 Subsection 7A(5)

Omit “the Secretary to the Department”, substitute “the Agency Head”.

571 Subsection 7A(5)

Omit “subsection (4), the Secretary”, substitute “subsection (4), the Agency Head”.

572 Subsection 7A(6)

Omit “the Secretary to the Department”, substitute “the Agency Head”.

573 Subsection 7A(6)

Omit “or the Secretary”, substitute “or the Agency Head”.

574 Section 8

Repeal the section, substitute:

8 APS employees on maternity leave

Clause 12 of Schedule 14 to the Workplace Relations Act 1996 applies to a female APS employee if:

(a) the employee is absent from duty in accordance with section 6; and

(b) the absence is after her confinement and without pay.

575 Sections 11 and 12

Repeal the sections, substitute:

11 Delegation by Agency Head

(1) An Agency Head may, in writing, delegate to another person any of the Agency Head’s powers or functions under this Act (other than this section).

(4) A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function.

(5) In this section:

Agency Head does not include the President of the Senate or the Speaker of the House of Representatives.

Meat and Live-stock Industry Act 1995

576 Section 52 (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;

Meat Inspection Arrangements Act 1964

577 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

578 Section 3 (definition of Agency)

Repeal the definition.

579 Section 3 (definition of Board)

Repeal the definition.

580 Section 3 (definition of officer)

Repeal the definition, substitute:

officer means a person appointed or engaged under the Public Service Act.

581 Section 3 (definition of Public Service Act)

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

582 Section 3 (definition of relevant public servant)

Repeal the definition.

583 Subsections 5(1), (2) and (3)

Omit “Board”, substitute “Prime Minister”.

584 Section 10

Repeal the section.

585 Section 11

Repeal the section.

586 Subsection 14(1)

Omit “subsection (2) and to”.

587 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”.

588 Subsection 14(1)

Omit “in relation to an officer performing the duties of an office in the Australian Public Service”, substitute “an APS employee”.

589 Subsection 14(2)

Repeal the subsection.

590 Sections 17 and 18

Repeal the sections.

591 Subsection 21(1)

Omit “subsection (2) and to”.

592 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”.

593 Subsection 21(1)

Omit “in relation to an officer performing the duties of an office in the Australian Public Service”, substitute “an APS employee”.

594 Subsection 21(2)

Repeal the subsection.

595 Section 24

Repeal the section.

596 Section 25

Repeal the section.

Merit Protection (Australian Government Employees) Act 1984

597 The whole of the Act

Repeal the Act.

Migration Act 1958

598 Paragraph 143(1)(b)

Repeal the paragraph, substitute:

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

599 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

600 Paragraph 364(1)(b)

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

601 Subsection 408(4)

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

602 Subsection 409(1)

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

603 Paragraph 428(1)(a)

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

604 Subsection 472(4)

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

605 Subsection 473(1)

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

Motor Vehicle Standards Act 1989

606 Paragraph 22(2)(b)

Repeal the paragraph, substitute:

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

607 Section 23

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

608 Subsection 25(1)

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

609 Subsection 25(2)

Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.

National Crime Authority Act 1984

610 Subsection 40(1)

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

611 Subsection 47(1)

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

612 Subsection 47(2)

Repeal the subsection, substitute:

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

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

(b) the Chairperson is the Head of that Statutory Agency.

National Environment Protection Council Act 1994

613 Subsection 43(1)

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

614 Subsection 49(1)

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

615 Subsections 49(2) and (3)

Repeal the subsections, substitute:

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

(a) the NEPC Executive Officer and the APS employees assisting the NEPC Executive Officer together constitute a Statutory Agency; and

(b) the NEPC Executive Officer is the Head of that Statutory Agency.

616 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

617 Subsection 28(1)

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

National Health Act 1953

618 Subsection 4(1) (paragraph (a) of the definition of Director)

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

619 Subsection 82PEA(1)

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

620 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)”.

621 Subsection 82PL(2)

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

622 Subsection 82PN(1)

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

623 Subsection 82R(3)

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

624 Subsection 82X(1)

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

625 Subsection 82ZUD(1)

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

626 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)”.

627 Subsection 82ZUG(2)

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

National Health and Medical Research Council Act 1992

628 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.

629 Subsection 26(1)

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

630 Subsection 45(1)

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

631 Subsection 45(2)

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

632 Paragraph 48(1)(a)

Repeal the paragraph, substitute:

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

633 Paragraphs 48(1)(d), (e) and (f)

After “of that”, insert “Agency,”.

634 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

635 Section 9

Omit all the words after “payable to”, substitute “persons engaged under the Public Service Act 1999”.

636 Subsection 12(2)

Omit all the words after “payable to”, substitute “persons engaged under the Public Service Act 1999”.

National Library Act 1960

637 Subparagraph 6(c)(ii)

Omit “Departments and”.

638 At the end of paragraph 6(c)

Add:

(iv) the Agencies (within the meaning of the Public Service Act 1999); and

639 Subsection 17(4)

Repeal the subsection, substitute:

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

(a) the Director-General and the APS employees assisting the Director-General together constitute a Statutory Agency; and

(b) the Director-General is the Head of that Statutory Agency.

640 Subsection 17(5)

Omit “an officer employed under the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.

641 Subsection 17(5)

Omit “including his or her powers referred to in subsection (4) but”.

642 Subsection 17(6)

Omit “, other than the powers referred to in subsection (4) of this section,”.

643 Subsection 17B(1)

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

644 Section 18

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

National Museum of Australia Act 1980

645 Subsection 26(1)

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

646 Subsection 30(1)

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

647 Subsections 30(2), (3) and (4)

Repeal the subsections, substitute:

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

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

(b) the Director is the Head of that Statutory Agency.

648 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

649 Subsection 12(1)

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

650 Subsection 32(1)

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

651 Subsection 53(1)

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

652 Subsection 53(2)

Repeal the subsection, substitute:

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

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

(b) the Chief Executive Officer is the Head of that Statutory Agency.

653 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)”.

654 Subsection 54(1)

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

National Parks and Wildlife Conservation Act 1975

655 Subsection 26(1)

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

656 Subsection 34(1)

Omit “appointed or employed under the Public Service Act 1922-1974”, substitute “engaged under the Public Service Act 1999”.

657 Subsections 34(2) and (3)

Repeal the subsections, substitute:

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

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

(b) the Director is the Head of that Statutory Agency.

658 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)”.

659 Subsection 36(2)

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

National Roads Act 1974

660 Subsection 15(1)

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

National Transmission Network Sale Act 1997

661 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

662 Subsection 102(1)

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

663 Subsection 117(1)

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

664 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.

665 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”.

666 Subsection 130(4)

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

667 Section 131

Repeal the section, substitute:

131 Statutory Agency etc. for purposes of Public Service Act

For the purposes of the Public Service Act 1999:

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

(b) the Registrar is the Head of that Statutory Agency.

668 Subsection 183(5)

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

Natural Heritage Trust of Australia Act 1997

669 Paragraph 45(1)(c)

Repeal the paragraph, substitute:

670 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);

671 Section 54 (definition of Senior Executive Service office)

Repeal the definition.

Natural Resources Management (Financial Assistance) Act 1992

672 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

673 Section 40 (definition of industrial award)

Repeal the definition, substitute:

industrial award means an award within the meaning of the Workplace Relations Act 1996.

674 Section 42

Omit all the words after “the Navy”.

675 Subsection 42C(1)

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

676 Subsection 42C(2)

Omit “Section 64 of the Public Service Act 1922”, substitute “Section 68 of the Public Service Act 1999”.

677 Subsection 42C(2)

Omit “officer”, substitute “APS employee”.

Norfolk Island Act 1979

678 Paragraph 13(4)(a)

Repeal the paragraph, substitute:

(a) is an APS employee; or

Nuclear Non-Proliferation (Safeguards) Act 1987

679 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

680 Subsection 46(1)

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

681 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

682 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

683 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

684 Section 51

Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.

685 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”.

686 Subsection 80(2)

After “office”, insert “or position”.

687 Subsection 80(2)

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

Occupational Health and Safety (Maritime Industry) Act 1993

688 Subsection 106(3)

Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.

Office of National Assessments Act 1977

689 Section 3 (paragraph (e) of the definition of prescribed Commonwealth officer)

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

690 Paragraph 6(2)(d)

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

691 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”.

692 Subsection 13(1)

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

693 Paragraph 17(1)(a)

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

694 Subsections 17(2) and (3)

Repeal the subsections, substitute:

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

(a) the Director-General and the APS employees assisting the Director-General together constitute a Statutory Agency; and

(b) the Director-General is the Head of that Statutory Agency.

695 Subsection 17(4)

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

696 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

697 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”.

698 Subsection 3(1) (definition of Secretary)

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

699 Paragraph 5(2)(g)

After “office” (first and second occurring), insert “or position”.

700 Subsections 6(9), (10) and (11)

Repeal the subsections, substitute:

(9) If the Ombudsman forms the opinion:

(a) that a complaint could have been made under the Public Service Act 1999; and

(b) that the complaint could be more conveniently or effectively dealt with by the Public Service Commissioner;

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the Public Service Commissioner.

(10) If the Ombudsman makes a decision under subsection (9), the Ombudsman must:

(a) transfer the complaint to the Public Service Commissioner as soon as is reasonably practicable; and

(b) give the Public Service Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

(c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Public Service Commissioner.

701 Subsection 25(1)

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

702 Subsection 31(1)

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

703 Subsections 31(2) and (3)

Repeal the subsections, substitute:

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

(a) the Ombudsman and the APS employees assisting the Ombudsman together constitute a Statutory Agency; and

(b) the Ombudsman is the Head of that Statutory Agency.

Overseas Students (Refunds) Act 1990

704 Section 3 (definition of officer)

Repeal the definition.

705 Subsection 5(1)

Omit “an officer of”, substitute “an APS employee in”.

706 Paragraph 10(b)

Repeal the paragraph, substitute:

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

Ozone Protection Act 1989

707 Paragraph 49(1)(a)

Omit “the Australian Public Service or any other”, substitute “an”.

708 After paragraph 49(1)(a)

Insert:

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

709 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

710 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

711 Subsection 7(1)

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

712 Subsection 16(1)

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

713 Subsections 16(2) and (3)

Repeal the subsections, substitute:

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

(a) the First Parliamentary Counsel and the APS employees assisting the First Parliamentary Counsel together constitute a Statutory Agency; and

(b) the First Parliamentary Counsel is the Head of that Statutory Agency.

Patents Act 1990

714 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”.

715 Schedule 1 (paragraph (b) of the definition of employee)

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

Petroleum Excise (Prices) Act 1987

716 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

717 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

718 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

719 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

720 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

721 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

722 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

723 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”.

724 Subsection 6(1) (definition of Department)

Repeal the definition, substitute:

Department means an Agency within the meaning of the Public Service Act 1999.

725 Subsection 6(1) (definition of Secretary)

Repeal the definition, substitute:

Secretary means an Agency Head within the meaning of the Public Service Act 1999.

726 Subsection 22(1)

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

727 Subsection 50(1) (definition of Merit Protection Act)

Repeal the definition.

728 Subsection 50(1) (definition of Merit Protection Agency)

Repeal the definition.

729 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”.

730 Subsection 50(2)

Omit “or the Merit Protection Agency” (wherever occurring), substitute “or the Public Service Commissioner”.

731 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

732 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.

Protection of Movable Cultural Heritage Act 1986

733 Paragraph 24(1)(b)

Repeal the paragraph, substitute:

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

Public Lending Right Act 1985

734 Section 18

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

Public Service Act 1922

735 The whole of the Act

Repeal the Act.

Qantas Sale Act 1992

736 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”.

737 Subsection 11(2)

Repeal the subsection.

738 Paragraphs 20(1)(d) and (e)

Repeal the paragraphs, substitute:

(e) the Public Service Act 1999;

739 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.

740 Subsection 40(4) (paragraph (c) of the definition of authorised person)

Repeal the paragraph, substitute:

Racial Discrimination Act 1975

741 Subsection 32(1)

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

Radiocommunications Act 1992

742 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”.

743 Subsection 204(1)

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

744 Subsection 248(1)

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

Referendum (Machinery Provisions) Act 1984

745 Section 3 (subparagraph (b)(iii) of the definition of authorised witness)

Omit “in the Australian Public Service or”.

746 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

747 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”.

748 Subsection 95B(1)

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

749 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

750 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”.

751 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”.

752 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

753 After section 8

Insert:

8A Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

754 Clause 7 of Schedule 1

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

755 Clause 5 of Schedule 2

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

756 Subclauses 1(2) and (3) of Schedule 3

Repeal the subclauses, substitute:

(2) The Members of Parliament annual salary is equal to the minimum executive office salary.

(3) In this clause:

minimum executive office salary means:

(a) the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2; or

(b) if a principal executive classification is prescribed by the regulations under this Act—the minimum annual rate of salary applicable to that classification.

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

757 Part II (heading)

Repeal the heading, substitute:

Part II—Remuneration etc. for certain offices and appointments

Division 1—Preliminary

758 After section 3

Insert:

Division 2—Determinations and reports by the Remuneration Tribunal

759 Subsection 5(2)

Repeal the subsection, substitute:

(2) An additional function of the Tribunal is to provide advice to the Australian National University, the University of Canberra and the Australian Maritime College in relation to terms and conditions (including remuneration and allowances) on which executive education offices in those bodies are to be held.

(2A) An additional function of the Tribunal is to:

(a) determine a classification structure for principal executive offices; and

(b) provide advice to the employing bodies for principal executive offices in relation to terms and conditions (including remuneration and allowances) on which principal executive offices are to be held.

(2B) An additional function of the Tribunal is to provide advice to the Prime Minister in relation to terms and conditions (including remuneration and allowances) on which offices of Secretary (within the meaning of the Public Service Act 1999) are to be held.

760 Subsection 5(3)

Omit “subsection (2)”, substitute “this section”.

761 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”.

762 At the end of Part II

Add:

Division 3—Determinations by employing bodies for principal executive offices

12C Terms and conditions determined by employing body

(1) The employing body for a principal executive office may, in writing, determine the terms and conditions (including remuneration and allowances) applying to the office.

(2) If an employing body proposes to determine terms and conditions that are not consistent with the classification structure determined by the Tribunal under subsection 5(2A), the employing body must first request the advice of the Tribunal.

(3) If a determination is in force under this section for a principal executive office, the determination overrides any provision of another Act that provides for the terms and conditions applying to the principal executive office, unless that other provision refers to, and is expressed to override, this section.

Repatriation Institutions (Transfer) Act 1992

763 Subsection 3(1) (definition of employee)

Repeal the definition.

764 Subsection 3(1) (definition of officer)

Repeal the definition.

765 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.

766 Subsection 4(2)

After “office” (wherever occurring), insert “or position”.

767 Paragraph 13(1)(b)

After “office”, insert “or position”.

768 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”.

769 Section 17

Repeal the section.

Reserve Bank Act 1959

770 Subsection 14(2)

Omit “officers of the Bank or of the Australian Public Service”, substitute “officials”.

771 Subsection 14(3)

Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.

772 Subsection 14(4)

Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.

773 Subsection 14(5)

Omit “an officer of the Bank or of the Australian Public Service”, substitute “an official”.

774 At the end of section 14

Add:

(6) In this section:

official means:

(a) an officer of the Bank; or

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

Retirement Savings Accounts Act 1997

775 Section 16 (definition of authorised person)

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

Roads Grants Act 1974

776 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

777 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

778 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

779 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”.

780 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 Industries Research Act 1985

781 Subsection 4(1) (definition of authorised representative)

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

782 Subsection 10(3)

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

Safety, Rehabilitation and Compensation Act 1988

783 Subsection 81(1)

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

784 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”.

785 Paragraph 88(1)(a)

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

786 Subsection 88(2)

Repeal the subsection, substitute:

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

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

(b) the Chief Executive Officer is the Head of that Statutory Agency.

787 Subsection 114A(2) (definition of Department)

Repeal the definition, substitute:

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

788 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

789 Subsection 10C(1)

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

Seafarers Rehabilitation and Compensation Act 1992

790 Subsection 125(1)

Repeal the subsection, substitute:

(1) The Authority may, by resolution, delegate all or any of its powers or functions to a person in the Department:

(a) who is an SES employee or acting SES employee; or

(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or

(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).

Seafarers Rehabilitation and Compensation Levy Collection Act 1992

791 Section 11

Repeal the section, substitute:

11 Appointment of authorised persons

The Secretary may, in writing, appoint a person in the Department:

(a) who is an SES employee or acting SES employee; or

(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or

(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b);

to be an authorised person for the purposes of a specified provision of this Act.

792 Subsection 15(1)

Repeal the subsection, substitute:

(1) The Secretary may, in writing, delegate all or any of his or her powers or functions under this Act (other than powers under section 11) to a person in the Department:

(a) who is an SES employee or acting SES employee; or

(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or

(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).

Sea Installations Act 1987

793 Paragraph 74(1)(c)

Repeal the paragraph, substitute:

Sex Discrimination Act 1984

794 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;

795 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”.

796 Subsection 99(1)

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

Shipping Registration Act 1981

797 Subsection 3(1) (definition of employee)

Repeal the definition.

798 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”.

799 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

800 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

801 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.

802 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

803 Subsection 11(1)

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

Social Security Act 1991

804 Subsection 1331(1)

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

805 Section 1341

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

Special Broadcasting Service Act 1991

806 Subsection 34(1)

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

807 Subsection 81(4)

Repeal the subsection.

Special Prosecutors Act 1982

808 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

809 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

810 Subsection 5(2)

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

811 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)”.

812 Paragraph 5(3)(a)

Omit “such an officer”, substitute “the public servant”.

813 Subsection 5(3A)

Omit “an officer” (wherever occurring), substitute “the public servant”.

States Grants (Roads) Act 1977

814 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

815 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

816 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

817 Subsection 4(1) (definition of officer)

Repeal the definition, substitute:

officer means a person appointed or engaged under the Public Service Act 1999.

Student and Youth Assistance Act 1973

818 Subsection 3(1) (definition of employee)

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

Superannuation Act 1976

819 Subsection 3(1)

Insert:

APS Agency means an Agency within the meaning of the Public Service Act.

820 Subsection 3(1)

Insert:

APS employee has the same meaning as in the Public Service Act.

821 Subsection 3(1) (definition of permanent employee)

Repeal the definition, substitute:

permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include:

(a) a part-time employee who is not an approved part-time employee; or

(b) a person who is engaged or appointed for employment outside Australia only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition.

822 Subsection 3(1) (definition of Public Service Act)

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

823 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:”.

824 Subsection 3C(2) (definition of Department)

Repeal the definition, substitute:

Department means:

(a) an APS Agency; or

(b) a Department of the Parliament.

825 Paragraphs 14A(1)(a) and (c)

Repeal the paragraphs.

826 Paragraph 14A(1)(d)

Repeal the paragraph, substitute:

(d) is a person who is a permanent employee, or a temporary employee, because of having been, or having been deemed to be, re-appointed or re-employed in circumstances similar to:

(i) the circumstances in which a person could have been re-appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act 1922, as in force immediately before its repeal; or

(ii) the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act 1922, as in force immediately before its repeal; or

827 Subsection 14A(1A)

Omit “(1)(a), (b), (c) or (d)”, substitute “(1)(b) or (d)”.

828 Paragraph 14A(1A)(a)

Omit “(1)(a) or (b)”, substitute “(1)(b)”.

829 Paragraph 14A(1A)(b)

Omit “(1)(c) or (d)”, substitute “(1)(d)”.

830 Subsection 14A(1B) (paragraphs (a) and (b) of the definition of previous relevant employment)

Repeal the paragraphs, substitute:

(a) if the person, after being dismissed or retired from employment, was re-appointed or re-employed (or deemed to have been re-appointed or re-employed) in circumstances similar to the circumstances referred to in subparagraph (1)(d)(i)—the office held by the person, or the employment in which the person was employed, immediately before his or her dismissal or retirement; or

(b) if the person is re-appointed or re-employed (or deemed to be re-appointed or re-employed) by a previous employer in circumstances similar to the circumstances referred to in subparagraph (1)(d)(ii)—the office last held by the person, or the employment in which the person was last employed by that employer, before his or her re-appointment or re-employment.

831 Subsection 14A(2)

Omit “a person to whom Division 2 or 3 of Part IV of the Public Service Act applies or”.

832 Subsection 14A(5)

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

833 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

834 Subsection 14A(6)

Omit “re-appointment, declaration or reinstatement” (wherever occurring), substitute “re-appointment or reinstatement”.

835 Section 16A

Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.

836 Subsection 21(1)

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

837 Subsection 26(1)

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

838 Subsection 26(2)

Repeal the subsection, substitute:

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

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

(b) the Commissioner is the Head of that Statutory Agency.

839 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

840 Subsection 57B(1) (paragraphs (a), (b) and (c) of the definition of fixed-term employee)

Repeal the paragraphs, substitute:

(a) a person appointed under section 51 of the Public Service Act; or

(b) an APS employee on a fixed term; or

841 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”.

842 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”.

843 Subsection 57B(3)

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

844 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;

845 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;

846 Paragraph 58(3)(e)

Repeal the paragraph.

847 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”.

848 Paragraph 58(3)(g)

Repeal the paragraph.

849 Paragraph 58(3)(h)

Omit “otherwise than under the Public Service Act,”.

850 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

851 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

852 Section 120

Repeal the section, substitute:

120 Persons to whom Part applies

This Part applies to a person if:

(a) the person ceased to be an eligible employee because he or she has voluntarily terminated his or her employment in order to become:

(i) a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State or of the Legislative Assembly for the Northern Territory; or

(ii) a candidate in an election that is prescribed under the Public Service Act for the purposes of section 32 of that Act; and

(b) the termination took effect not earlier than 6 months before the day on which nominations for the election closed.

853 Subsection 125(3)

Omit “section 47C of the Public Service Act”, substitute “this section”.

854 Subparagraph 159(1)(b)(i)

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

855 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”.

856 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,”.

857 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”.

858 Section 244

Omit “Public Service Act” (wherever occurring), substitute “Public Service Act 1922”.

Superannuation Act 1990

859 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.

860 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”.

861 Subsection 3AA(2) (definition of Department)

Repeal the definition, substitute:

Department means:

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

(b) a Department of the Parliament.

862 Paragraph 6(1)(h)

Repeal the paragraph.

863 Subparagraph 19(1)(b)(i)

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

864 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”.

865 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

866 Subsection 3(1) (definition of overseas employee)

Omit “section 82AF of the Public Service Act 1922”, substitute “section 67 of the Public Service Act 1999”.

867 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

868 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

869 Section 36

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

870 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 Entities (Taxation) Act 1987

871 Section 20

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

Superannuation Guarantee (Administration) Act 1992

872 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”.

873 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

874 Subsection 10(1) (definition of authorised person)

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

Superannuation (Productivity Benefit) Act 1988

875 Subsection 3(1) (definition of Department)

Repeal the definition, substitute:

Department means:

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

(b) a Department of the Parliament.

876 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.

877 Subsection 3(1) (definition of Public Service Act)

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

878 Subsection 3(1) (paragraph (a) of the definition of qualified employee)

Repeal the paragraph.

879 Subsection 3(1) (paragraph (b) of the definition of qualified employee)

Repeal the paragraph, substitute:

(b) a person employed by the Commonwealth; or

880 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

881 Subsection 51(1)

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

882 Subsection 62(1)

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

Taxation Administration Act 1953

883 Section 2 (definition of officer)

Repeal the definition, substitute:

officer means a person appointed or engaged under the Public Service Act 1999.

884 After section 4

Insert:

4A Statutory Agency etc. for purposes of Public Service Act

(1) The staff necessary to assist the Commissioner are to be persons engaged under the Public Service Act 1999.

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

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

(b) the Commissioner is the Head of that Statutory Agency.

885 Subsection 5(3)

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

886 Subsection 6(1)

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

887 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

888 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”.

889 Subsection 347(3) (definition of Senior Executive Service office)

Repeal the definition.

Telecommunications (Interception) Act 1979

890 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

891 Paragraph 25(1)(b)

Repeal the paragraph, substitute:

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

892 Subsection 25(3)

Repeal the subsection.

893 Paragraph 35(1)(b)

Repeal the paragraph, substitute:

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

894 Subsection 35(3)

Repeal the subsection.

Telstra Corporation Act 1991

895 Section 3 (definition of Senior Executive Service office)

Repeal the definition.

896 Subsection 8AW(6) (paragraph (c) of the definition of associated person)

Repeal the paragraph, substitute:

897 Paragraph 8BB(1)(b)

Repeal the paragraph, substitute:

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

898 Paragraph 8BB(2)(b)

Repeal the paragraph, substitute:

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

899 Paragraph 8CB(1)(b)

Repeal the paragraph, substitute:

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

900 Paragraph 8CB(2)(b)

Repeal the paragraph, substitute:

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

Termination Payments Tax (Assessment and Collection) Act 1997

901 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

902 Section 24

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

903 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”.

Therapeutic Goods Act 1989

904 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.

905 Paragraph 57(1)(b)

Omit “another Department or of”.

906 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

907 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

908 Section 6 (definition of employee)

Repeal the definition, substitute:

employee means a person engaged under the Public Service Act 1999.

909 Section 6 (paragraph (a) of the definition of trade marks officer)

Repeal the paragraph.

910 Section 6 (paragraph (c) of the definition of trade marks officer)

Omit “(a) or”.

911 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

912 Subsection 12(1)

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

913 Subsection 27(1)

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

914 Subsections 27(2) and (3)

Repeal the subsections, substitute:

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

(a) the Chairperson of the Commission and the APS employees assisting the Chairperson together constitute a Statutory Agency; and

(b) the Chairperson is the Head of that Statutory Agency.

915 Subsection 29G(1)

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

916 Subsection 29M(1)

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

917 Subsection 29M(2)

Repeal the subsection, substitute:

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

(a) the Council President and the APS employees assisting the Council President together constitute a Statutory Agency; and

(b) the Council President is the Head of that Statutory Agency.

918 Subsection 44(3)

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

919 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”.

920 Section 65T

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

921 Section 10.80

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

922 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)”.

923 Subsection 170(2)

Omit “officer” (second and third occurring), substitute “public servant”.

Trade Representatives Act 1933

924 Section 4

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

925 Section 4

Omit “the Public Service Act 1922”, substitute “that Act”.

926 Subsection 10(2)

Omit “Commonwealth Public Service Act 1922-1932 or of the Public Service Act 1922”, substitute “Public Service Act 1999”.

927 Paragraph 11(4)(a)

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

928 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

929 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

930 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

931 Subsection 89(3)

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

932 Subsection 162(1)

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

933 Section 172

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

934 Section 184

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

935 At the end of paragraphs 184(a), (b) and (c)

Add “and”.

936 Paragraph 184(d)

Omit “President; and”, substitute “President.”.

937 Paragraph 184(e)

Repeal the paragraph.

938 Subsection 186(1)

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

939 Paragraph 193(1)(b)

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

940 Section 196

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

941 Section 196T

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

942 Section 196ZM

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

943 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”.

944 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”.

945 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

946 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

947 Paragraph 7(a)

Repeal the paragraph, substitute:

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

Wheat Marketing Act 1989

948 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;

Wildlife Protection (Regulation of Exports and Imports) Act 1982

949 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

950 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

951 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 International Act 1993

952 Section 4 (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;

Wool Tax (Administration) Act 1964

953 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

954 Subsection 4(1) (paragraph (a) of the definition of public sector employment)

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

955 Subsection 26(1)

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

956 Subsection 72(1)

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

957 Subsection 83(1)

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

958 Subsection 83(2)

Repeal the subsection, substitute:

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

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

(b) the Industrial Registrar is the Head of that Statutory Agency.

959 Section 83BD

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

960 Subsection 83BL(1)

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

961 Paragraph 84(2)(a)

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

962 Subsection 84(3)

Omit “section 78 of the Public Service Act 1922”, substitute “section 64 of the Public Service Act 1999”.

963 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

964 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.

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