Public Service Act (No. 4) 1973

No. 209 of 1973

 

AN ACT

To amend the Law Relating to the Public Service.

[Assented to 19 December 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Public Service Act (No. 4) 1973.

(2) The Public Service Act 1922–1972, as amended by the Public Service Act 1973, the Public Service Act (No. 2) 1973 and by the Public Service Act (No. 3) 1973, is in this Act referred to as the Principal Act.

(3) Section 1 of the Public Service Act (No. 3) 1973 is amended by omitting sub-section (4).

(4) The Principal Act, as amended by this Act, may be cited as the Public Service Act 1922–1973.

Commencement and application.

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sub-section 12(1) shall come into operation on a date to be fixed by Proclamation.

(3) The amendments of the Principal Act effected by sections 10 and 11 shall be deemed to have taken effect on 1 January 1973.

Repeal of section 3.

3. Section 3 of the Principal Act is repealed.

Definitions.

4. Section 7 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of the Commonwealth Service and

(b) by inserting in that sub-section, after the definition of the Reserve Forces, the following definition:—

“‘the Service means the Australian Public Service constituted by section 10;.

Constitution of the Public Service.

5. Section. 10 of the Principal Act is amended by omitting the words the Public Service of the Commonwealth and substituting the words the Australian Public Service.

6. After section 10 of the Principal Act the following section is inserted:—

Interpretation.

10a. (1) In—

(a) any law of Australia (other than this Act) or law of a Territory;

(b) any instrument having effect under such a law; or

(c) any award, order or determination of an authority established by a law of Australia,

whether passed or made before or after the commencement of this section, a reference to the Public Service of the Commonwealth, the Public Service or the Commonwealth Service shall, where the context so admits, be read as a reference to the Australian Public Service.

(2) References in this Act to the Commonwealth Service shall be read as references to the Public Service of the Commonwealth as constituted before the commencement of the Public Service Act (No. 4) 1973, and references in this Act to the Service shall, where the context so admits, be read as including references to the Public Service of the Commonwealth as so constituted..

Determination of time within which educational qualifications to be obtained, &c.

7. Section 43 of the Principal Act is amended—

(a) by adding at the end of paragraph (a) the word and; and

(b) by omitting paragraph (b).


Recruitment.

8. Section 46 of the Principal Act is amended—

(a) by adding at the end of sub-paragraph (iii) of paragraph (c) of sub-section (2) the word and; and

(b) by omitting sub-paragraph (iv) of that paragraph.

Repeal of section 54a.

9. Section 54a of the Principal Act is repealed.

Furlough.

10. Section 73 of the Principal Act is amended.—

(a) by omitting from sub-section (1) the words fifteen years and substituting the words ten years;

(b) by omitting from sub-section (2) the words fifteen years and substituting the words ten years; and

(c) by omitting sub-section (4).

Extended leave or pay in lieu to officers not entitled to furlough.

11. Section 74 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words fifteen years and substituting the words ten years;

(b) by adding at the end of paragraph (a) of sub-section (1) the word or;

(c) by omitting paragraph (c) of sub-section (1);

(d) by omitting from paragraph (a) of sub-section (3) the words fifteen years and substituting the words ten years;

(e) by omitting from paragraph (a) of sub-section (3) the words and is not due to misconduct or to causes within his own control;

(f) by omitting from paragraph (b) of sub-section (3) the words fifteen years and substituting the words ten years;

(g) by omitting sub-section (3a);

(h) by omitting from sub-section (4) the words fifteen years and substituting the words ten years; and

(j) by omitting sub-section (5).

Performance of work outside the Service.

12. (1) Section 91 of the Principal Act is amended—

(a) by omitting from sub-section (2) all the words after the word elsewhere; and

(b) by omitting sub-section (3) and substituting the following subsections:—

(3) Notwithstanding sub-section (1), an officer may act as a director of a company or incorporated society—

(a) with the permission of the Board under sub-section (4) and in accordance with the conditions, if any, to which that permission is subject; or

(b) in accordance with the requirements of the duties of his office or otherwise on behalf of Australia,

but not otherwise.


(4) The Board may, in such cases or circumstances, and subject to such conditions (if any), as are prescribed, grant to an officer, in writing, permission to act as a director of a company or incorporated society and may include in the permission such conditions, or further conditions, if any, as the Board thinks necessary.

(5) The Board shall not, under sub-section (4), grant permission to an officer to act as a director of a company or incorporated society unless it is satisfied that there will not be, or appear to be, any conflict between the duties of his office and the duties of the directorship.

(6) The Board may, at any time, by notice in writing to an officer, revoke a permission granted to him under sub-section (4)..

(2) At any time after this Act receives the Royal Assent and before the date fixed under sub-section 2(2), regulations may be made for the purposes of the provisions inserted in the Principal Act by sub-section (1) of this section as if those provisions had come into operation on the date on which this Act receives the Royal Assent, but regulations so made shall not come into operation until the date fixed under sub-section 2(2).

Additional amendments.

13. The Principal Act is amended as set out in the Schedule.

 


SCHEDULE Section 13

ADDITIONAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting the words Commonwealth Service (wherever occurring) and substituting the word. Service:—

Sections 7(1) (definition of Officer) 19a(3), 21(1) and (2), 22(1), 23, 24(1a), 25 (4a), 33(1), 34, 38(1) and (3), 44, 46(1) and (3), 47(1) and (2), 47a(1), (2) and (3), 47b(1), 47c(1) and (4), 47d(2) and (3), 47e(1), 48a, 51(1), 54c(1), 55(1)(h), (4) and (5a), 56(2), 62(2), (6) and (7), 67(1), 68(3)(a), 68a(1)(b) and (2), 71(1)(b)(i), 72a(3), 72b(1), (3) and (4), 73(1) and (2), 74(1), (3) and (4), 75(3), 75a(2)(b), 76(1), 81f(1), 81g, 81j, 81r(1), 81s, 81u, 81z(2), (3), (4), (5) and (7), 81za, 81zb, 81zd(4), (5) and (7), 81ze, 81zk, 82a, 82b(2) and 85 (1).

2. The following provisions of the Principal Act are amended by omitting the words the Commonwealth (wherever occurring) and substituting the word Australia:—

Sections 15(2), 47e(2), 53a(2) and (3)(b), 64(5), 68e(1)(a), 71(1)(b)(1B), 76(3) and (4), 78(2)(a), 81, 81e(1), 81q(1), 81zg(6), 82b(1), 86, 89(1), 91(1)(e) and 91a(1).

3. The following provisions of the Principal Act are amended by omitting the words of the Commonwealth’’ (wherever occurring):—

Sections 8b(4) and (5), 11(6), 50(13), 53c(1), 55(11)(b) and (12), 72b(1) and (4), 79 and 89(6).

4. The following provisions of the Principal Act are amended by omitting the words of this Act and of this section (wherever occurring):—

Sections 68(6)(a), 81g(b), 81z(4), (5) and (7), 81zd(5) and (7), 81zi(5), 82(12) and 82aa(8).

5. The Principal Act is further amended as set out in the following tables:—

TABLE A

Provision

Amendment

Headings...................

Omit from the heading preceding section 10 Public Service,

Substitute Australian Public SERVICE.

Repeal the heading following section 22, substitute;—

Part III— The Australian Public Service,

Omit from the heading preceding section 77 Commonwealth substitute Officers of the Service

Section 7(1).................

(a) From the definition of Department omit Public Service, substitute Service.

(b) From the definition of Division omit Public Service substitute Service.

Section 7(2).................

Omit.

Section 7b..................

(a.) Omit the Commonwealth (first occurring), substitute Australia.

(b) Omit of the Commonwealth, including the Territory of Nauru.

Section 11(6)................

Omit Public Service in the Commonwealth, substitute service in the Service .

Section 11(7)................

(a) Omit the Commonwealth (first occurring), substitute Australia.

(b) Omit service of the Commonwealth, substitute Australian Public Service,

Section 17(1)(e)..............

Omit Public Service substitute Service.

Section 20.

Omit Public Service substitute Service.

Section 25(1)................

Omit the Third Schedule (wherever occurring), substitute Schedule 3.

Section 34(b)................

Add at end and.

Section 34(c)................

Omit and (last occurring),

Section 34(d)................

Omit.

Section 38(1)................

Omit of this Act (first occurring).

Section 47c(1)................

Omit of the Commonwealth, substitute of Australia.

Section 47d(1)...............

Omit Commonwealth Service (wherever occurring), substitute Australian Public Service.


SCHEDULEcontinued

Provision

Amendment

Section 48(1).............

(a) Omit of the Commonwealth Service.

(b) Omit Commonwealth Service (second and fourth occurring), substitute Service.

(c) Omit Commonwealth Service (third and fifth occurring), substitute Australian Public Service.

Section 48aa(1)...........

(a) Omit Commonwealth Service (second and third occurring), substitute Service.

 

(b) Omit from paragraph (d) Public Service of the Commonwealth. substitute Service.

Section 48aa(2)...........

(a) Omit Commonwealth Service (second and third occurring), substitute Service.

 

(b) Omit from paragraph (c) Public Service of the Commonwealth, substitute Service.

Section 50(5c)............

Omit.

Section 50(14)(b)..........

Omit of the Commonwealth, or two such Territories substitute or two specified Territories”.

Section 54c(1)(b)..........

After commencement (first occurring) insert of this section.

Section 55(1)(g)...........

Omit.

Section 55(1)(h)...........

Omit the Commonwealth (first occurring), substitute Australia.

Section 55(7).............

Omit.

Section 62(1).............

(a) Omit the Commonwealth (first occurring), substitute Australia.

 

(b) Omit Territory of the Commonwealth, substitute Territory.

Section 66...............

(a) Omit of the Commonwealth Service.

 

(b) Omit the Commonwealth (second and third occurring), substitute Australia.

Section 68(3).............

Omit of this Act.

Section 71(1)(a)...........

Omit Public Service (second occurring), substitute Service.

Section 71(1)(b)(ii).........

Omit Commonwealth scheme of vocational training, substitute scheme of vocational training established by Australia.

Section 71(1)(b)(iv).........

Omit the Commonwealth (last occurring). substitute Australia,

Section 72(1)(b)...........

(a) Omit the Commonwealth (first occurring), substitute Australia.

.

(b) Omit Territories of the Commonwealth, substitute Territories.

Section 75a(1)(a)..........

Omit Commonwealth Service (last occurring), substitute Service.

Section 75a(2)(b)..........

Omit the twelfth day of June, One thousand nine hundred and forty-one, substitute 12 June. 1941.

Section 76(8).............

Omit a Territory of the Commonwealth not forming part of the Commonwealth, substitute an external Territory.

Section 77...............

Omit Commonwealth Service, substitute Australian Public Service

Section 78(1).............

(a) Omit the Commonwealth (first occurring), substitute Australia,

.

(b) Omit Commonwealth Service substitute Australian Public Service.

Section 81a..............

Omit Commonwealth law, substitute a law of Australia.

Section 81k(1)............

Omit with the Commonwealth, substitute in the Service.

Section 81l(a)(i)...........

Omit Public Service of the Commonwealth, substitute Commonwealth Service.

Section 81i(b)(i)...........

Omit service of the Commonwealth, substitute Commonwealth Service

Section 81s..............

Omit of this section (wherever occurring).

Section 81v(1)............

Omit With the Commonwealth, substitute in the Service;

Section 81w..............

(a) Omit the Commonwealth (first and last occurring), substitute Australia.

 

(b) Omit Public Service of the Commonwealth, substitute Service.

Section 81zd(3)...........

Omit Commonwealth Service (second occurring), substitute Service.


Schedule—continued

Provision

Amendment

Section 81ZG(1)..........

Omit the twenty-eighth day of October, One thousand nine hundred and forty-two, substitute 28 October 1942.

Section 82(9)............

Omit.

Section 82(9a)...........

Omit.

Section 82(10)...........

Omit.

Section 82a.............

Omit of this Act (first and last occurring).

Section 91A(2)...........

Omit the first day of July, One thousand nine hundred and forty-seven substitute 1 July 1947

Section 94(1)............

(a) Omit persons in the Public Service or employ, substitute officers or employees.

(b) Omit in the Public Service or employ (last occurring), substitute as an officer or employee.

(c) Omit the Public Service or employ (last occurring), substitute office or employment.

Section 94(2)............

(a) Omit in the Public Service or employ substitute as an officer or employee,

(b) Omit the Commonwealth insert Australia.

(c) Omit the Public Service or employ (last occurring), substitute office or employment,

Section 94(3)............

(a) Omit the Commonwealth Public Service or employ, substitute office or employment.

(b) Omit the Commonwealth (last occurring), substitute Australia.

Section 94(4)............

Omit.

Section 97(1)(D)..........

Omit of the Commonwealth Service.

Schedule 4..............

Repeal.

Schedule 5..............

Repeal.

Schedule 6..............

Repeal.

TABLE B

Provision

Amendment

Heading...............

Repeal the heading immediately preceding section 23, substitute the following heading:—

Division 1 Division, Permanent Heads and Chief Officers.

Section 4...............

Section 7(1).............

Repeal.

From the definition of Classification omit positions

(wherever occurring), substitute offices.

From the definition of The Minister omit responsible Minister of the Crown, substitute Minister,

From the definition of The Territorial Service omit under the authority of the Commonwealth.

Section 9(2).............

Omit thereunder (wherever occurring).

Section 9(3).............

Omit thereunder

Section 11(8a)...........

Add at the end and the regulations.

Section 13a(3)...........

Section 14(3)............

Omit as such Acting, substitute while acting as.

Omit both Houses of the Parliament within seven days after the suspension if the Parliament is then sitting, or, if the Parliament is not then sitting, then within seven days after the next meeting of the Parliament,, substitute each House of the Parliament within 7 sitting days of that House after the suspension,.

Section 15(1)(b)..........

Omit, substitute the following paragraph:—

 

(b) he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent, debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit:.

Section 16(1)............

After Act insert or the regulations,

Section 16(3)............

Omit permanent head or a chief officer, substitute Permanent Head or a Chief Officer


SCHEDULE—continued

Provision

Amendment

Section 17(2).............

Omit Permanent head, substitute Permanent Head.

Section 17(3).............

Omit permanent head, substitute Permanent Head.

Section 18(3).............

Omit, substitute the following sub-section:—

(3) If the Governor-General does not approve of the fresh recommendation, a statement of the reasons for not approving shall be laid before each House of the Parliament within 14 sitting days of that House after the receipt of the recommendation..

Section 20...............

Omit position (first, second and last occurring). substitute office.

 

omit a position, substitute an office.

 

Omit salary. If, substitute salary but if.

Section 22(1).............

Omit insuring, substitute ensuring.

Section 25(3).............

After Act (wherever occurring) substitute or the regulations.

Section 25(4).............

After Act substitute or the regulations.

Section 25(4a)............

Omit Trade Practices Act 1965–1966. substitute Restrictive Trade Practices Act 1971–1973.

Section 25(5).............

After Act substitute or the regulations.

Section 47(14)............

Omit.

Section 50(8).............

Omit Promotion Appeals Committee, substitute Promotions Appeal Committee.

Section 52(2).............

Omit position, substitute office.

Section 55(11)(f)..........

Omit any regulations there under, substitute the regulations.

Section 55(3)(a)...........

Omit emergent cases substitute cases of emergency.

Section 57(3).............

Omit the Act or, substitute this Act or the,

Section 62(2).............

Omit position, substitute office.

Section 62(6).............

Omit appointed, substitute reappointed.

 

Omit Without examination,, substitute ,whether or not be possessed the prescribed educational qualifications,.

Section 62(7).............

Omit appointed substitute reappointed.

Section 66...............

Omit the Act, substitute this Act.

Section 67(1).............

Omit position (wherever occurring), substitute office.

Section 76(7a)............

Omit Regulations, substitute regulations.

Section 81l...............

From the definition of State employee omit this Act (wherever occurring), substitute this section.

Section 82aa(1)...........

Omit, substitute the following sub-section:—

(1) Where the services of an employee who is a contributor to the Superannuation Fund established under the Superannuation Act 1922–1973 or to the Provident Account established under Part IVB of that Act are dispensed with by the Chief Officer on the ground that the employee has been guilty of conduct that, if he were an officer, would have constituted an offence specified in sub-section (1) of section 55, the Chief Officer shall give to that employee written notice that his services have been so dispensed with and shall specify in the notice the ground on which, and the date upon which, his services were dispensed with..

Section 82aa(6)...........

Omit re-instated substitute reinstated.

Section 82b(1)............

Omit the last preceding section, substitute section 82

Section 85(1).............

Omit (unless retired as hereinafter provided) , substitute , unless he is retired in pursuance of sub-section (2),.

Schedule 1...............

Repeal