Commonwealth Numbered Acts

AUSTRALIAN CAPITAL TERRITORY GOVERNMENT SERVICE (CONSEQUENTIAL PROVISIONS) ACT 1994 No. 92 of 1994 - SCHEDULE 1

                              SCHEDULE 1        Sections 16, 18, 19

and 20
NEW ITEMS FOR SCHEDULE 5 TO THE A.C.T. SELF-GOVERNMENT
(CONSEQUENTIAL PROVISIONS) ACT 1988
PART 1 Subsection 4(1) (definition of "public sector employment"): After
paragraph (b) insert the following paragraphs:

"(ba) under a law of the Australian Capital Territory relating to employment
by that Territory, including a law relating to the Australian Capital
Territory Government Service;

   (bb) by or in the service of:

        (i)    an enactment authority as defined by section 3 of the A.C.T.
               Consequential Provisions Act; or

        (ii)   a body corporate incorporated under a law of the Australian
               Capital Territory and in which the Australian Capital Territory
               has a controlling interest; other than a prescribed authority
               or body;". Subsection 4(1): Insert the following definitions:

" 'A.C.T. Consequential Provisions Act' means the A.C.T. Self-Government
(Consequential Provisions) Act 1988;
'Australian Capital Territory Government Service' means the service
established by the Public Sector Management Act 1994 of the Australian Capital
Territory;".
PART 2 Subsection 121(2) (definition of "relevant law"): Omit "
Commonwealth Employees' Rehabilitation and Compensation Act  1988 ",
substitute " Safety, Rehabilitation and Compensation Act 1988". After
subsection 149(1): Insert the following subsection: "(1A) For the purposes of
subsection (1), the Australian Capital Territory Government Service is taken
to be the successor to the business of the Australian Capital Territory in
relation to the transitional staff within the meaning of the A.C.T.
Self-Government (Consequential Provisions) Act 1988.".
PART 3 Section 6:

   (a)  Omit from paragraph (e) "and" (last occurring).

   (b)  Add at the end the following paragraphs and subsection:

"(g) to provide to Secretaries of Departments services in connection with the
establishment, constitution and operation of Joint Selection Committees under
section 50DA or 50DB of the Public Service Act 1922; and

   (h)  with the consent of the Minister, to enter into an arrangement with
        the Australian Capital Territory or an authority of the Territory
        under which the Agency will perform, for the Territory or the
        authority, as the case may be, functions conferred by an enactment and
        similar, or substantially similar, to functions performed by the
        Agency under this Act.

"(2) An arrangement referred to in paragraph (1)(h) may include provisions for
payment by the other party to the arrangement for the performance of functions
by the Agency in accordance with the arrangement.".
PART 4 Occupational Health and Safety (Commonwealth Employment) Act 1991
Subsection 5(1) (definition of "Commonwealth authority"): Omit from paragraph
(a) "other than", substitute "other than the Australian Capital Territory,".
Subparagraph 9(2)(c)(ii): Omit "other than", substitute "other than the
Australian Capital Territory,".

PART 5 Remuneration Tribunal Act 1973 Subsection 3(1): Insert the following
definition: " 'ACT office' means:

   (a)  an office or appointment specified in any of paragraphs (fc) to (fh)
        of subsection 3(4), as modified by regulations in force under the
        A.C.T. Self-Government (Consequential Provisions) Act 1988; or

   (b)  an office or appointment specified in subsection 73(1) of the
        Australian Capital Territory (Self-Government) Act 1988;".
        Subsection 3(3): Omit the subsection, substitute:

"(3) A reference in this Part to an office includes a reference to an office
that, within the meaning of the Australian Capital Territory 
(Self-Government) Act 1988 , is an office of member of the Assembly or
Minister and any office in or in connection with that Assembly that can be
held only by a member of that Assembly.". Subsection 7(6): Omit the
subsection, substitute:

"(6) The Tribunal must give the Minister a copy of every determination made by
the Tribunal, other than a determination that relates to an ACT office.

"(6A) The Tribunal must give the Chief Minister of the Australian Capital
Territory a copy of every determination made by the Tribunal in relation to an
ACT office.". Subsection 7(7): After "determination" (first occurring), insert
", other than a determination that relates to an ACT office,". After
subsection 7(8): Insert:

"(8A) If the Legislative Assembly of the Australian Capital Territory, within
30 sitting days of the Assembly after a copy of a determination that relates
to an ACT office is given to the Chief Minister, passes a resolution
disapproving of the determination, then:

   (a)  if the determination has not come into operation-the determination
        does not come into operation; or

   (b)  if the determination has come into operation-the determination does
        not have any force or effect after the day on which the resolution is
        passed.". Safety, Rehabilitation and Compensation Act 1988
        Subsection 4(1) (paragraph (b) of the definition of "Commonwealth
        authority"): After "other than" insert "an ACT enactment or a law of".
        Subsection 4(1) (subparagraph (c)(ii) of the definition of
        "Commonwealth authority"): After "other than" insert "the Australian
        Capital Territory or". Subsection 4(1) (definition of "Commonwealth
        authority"): Add at the end the following word and paragraph:

"or (e) if a declaration is in force under section 4A, the Australian Capital
Territory;". Subsection 4(1): Insert the following definitions:

" 'ACT enactment' means an enactment as defined by section 3 of the ACT
Self-Government Act;
'ACT Self-Government Act' means the Australian Capital Territory 
(Self-Government) Act 1988 ;". Section 4: Add at the end the following
subsection:

"(14) In spite of the definition of 'principal officer' in subsection (1), if
the Australian Capital Territory is a Commonwealth authority for the purposes
of this Act, the following rules have effect:

   (a)  if there is in force a written declaration by the Minister, made at
        the written request of the Chief Minister for the Territory, that a
        specified person is to be taken to be the principal officer of the
        Territory, this Act has effect accordingly;

   (b)  if there is no such declaration in force, the Chief Minister of the
        Territory is to be taken to be the principal officer of the
        Territory.". After section 4: Insert the following section:
        Declaration that ACT a Commonwealth authority

"4A.(1) If the Chief Minister for the Australian Capital Territory so requests
in writing, the Minister may, in writing, declare the Australian Capital
Territory to be a Commonwealth authority for the purposes of this Act.

"(2) The Minister may revoke a declaration under subsection (1). "(3) The
Minister may only revoke a declaration if either:

   (a)  the Minister has given the Chief Minister at least 12 months' notice
        in writing of his or her intention to revoke the declaration; or

   (b)  the Chief Minister has given the Minister a written request that the
        declaration be revoked and:

   (i)  a period of at least 12 months; or

   (ii) such shorter period as is agreed on by the Minister and the Chief
        Minister; has elapsed since the request was given to the Minister.".
        Subsection 5(1): Insert the following definition:

" 'Chief Minister' means the Chief Minister for the Australian Capital
Territory;". Subparagraph 5(2)(c)(ii): After "other than" insert "an ACT
enactment or a law of". Section 5: Add at the end the following subsections:

"(11) For the purposes of this Act, the following are taken to be employed by
the Australian Capital Territory:

   (a)  a person who is an officer or employee of an authority or body
        established by an ACT enactment, other than an authority or body in
        respect of which a declaration is in force under subsection (12);

   (b)  a person who is an officer or employee of a body corporate
        incorporated under a law of the Commonwealth or a law in force in a
        State or Territory, being a body:

        (i)    in which the Australian Capital Territory or an authority or
               body established by an ACT enactment has a controlling
               interest; and

        (ii)   in respect of which a declaration under subsection (13) is in
               force;

   (c)  a person who is an officer or employee of a body corporate
        incorporated under a law of the Commonwealth or a law in force in a
        State or Territory, being a body:

        (i)    in which a body corporate referred to in paragraph (b) has a
               controlling interest; and

        (ii)   in respect of which a declaration under subsection (13) is in
               force;

   (d)  a person who is employed under the Legislative Assembly  (Members'
        Staff) Act 1989 of the Australian Capital Territory;

   (e)  the Commissioner, Deputy Commissioner and members of the Australian
        Capital Territory Fire Brigade under the Fire Brigade (Administration)
        Act 1974 of the Australian Capital Territory;

   (f)  a person who holds, or is acting in, an office established by an ACT
        enactment, other than an office in respect of which a declaration is
        in force under subsection (12).

"(12) If the Chief Minister so requests in writing, the Minister may make a
written declaration that:

   (a)  an authority or body is not an authority or body to which subsection
        (11) applies; or

   (b)  an office is not an office to which subsection (11) applies.

"(13) If the Chief Minister so requests in writing, the Minister may make a
written declaration that a body corporate is a body to which subsection (11)
applies.

"(14) Subsection (11) does not apply to the following offices established by
the Australian Capital Territory (Self-Government) Act  1988 :

   (a)  Chief Minister for the Australian Capital Territory;

   (b)  Deputy Chief Minister for the Australian Capital Territory;

   (c)  Minister;

   (d)  Presiding Officer of the Legislative Assembly for the Australian
        Capital Territory;

   (e)  deputy to the Presiding Officer of the Legislative Assembly for the
        Australian Capital Territory;

   (f)  member of the Legislative Assembly for the Australian Capital
        Territory.

"(15) If the Chief Minister so requests in writing, the Minister may make a
written declaration that persons specified in the declaration, when engaging
in activities:

   (a)  at the request or direction, or for the benefit, of the Australian
        Capital Territory; or

   (b)  in accordance with a requirement made by or under an ACT enactment; or

   (c)  at the request or direction, or for the benefit, of an authority or
        body established by an ACT enactment; are to be taken to be employees
        of the Australian Capital Territory.".