Federal Register of Legislation - Australian Government

Primary content

Act No. 146 of 1999 as made
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
Administered by: Prime Minister and Cabinet
Originating Bill: Public Employment (Consequential and Transitional) Amendment Bill 1999
Date of Assent 11 Nov 1999
Date of repeal 01 Jul 2013
Repealed by Public Service Amendment Act 2013

 

 

 

 

Public Employment (Consequential and Transitional) Amendment Act 1999

 

No. 146, 1999


 

 

 

 

Public Employment (Consequential and Transitional) Amendment Act 1999

 

No. 146, 1999

 

 

 

 

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

  

  


Contents

Part 1—Preliminary                                                                                                               3

1............ Short title............................................................................................ 3

2............ Commencement.................................................................................. 3

Part 2—Repeals and amendments                                                                                3

3............ Schedule(s).......................................................................................... 3

Part 3—Transitional provisions                                                                                      3

4............ Interpretation...................................................................................... 3

5............ Conversion of officers, employees etc............................................... 3

6............ Rights under Part IV of the old Act—first tier................................... 3

7............ Rights under Part IV of the old Act—second tier.............................. 3

8............ Retirement and redeployment of Secretaries...................................... 3

9............ Determinations under section 82D of the old Act.............................. 3

10.......... Misconduct......................................................................................... 3

11.......... Secretaries of core Departments......................................................... 3

12.......... Parliamentary Departments................................................................ 3

13.......... References in statutory instruments to “officer” etc.......................... 3

14.......... Regulations......................................................................................... 3

Schedule 1—Repeals and amendments                                                                     3

Aboriginal and Torres Strait Islander Commission Act 1989                            3

Aboriginal and Torres Strait Islander Heritage Protection Act 1984              3

Aboriginal and Torres Strait Islander Heritage Protection Act 1999              3

Aboriginal Councils and Associations Act 1976                                                  3

Aboriginal Land Rights (Northern Territory) Act 1976                                      3

ACIS Administration Act 1999                                                                                  3

Acts Interpretation Act 1901                                                                                     3

Administrative Appeals Tribunal Act 1975                                                            3

Administrative Arrangements Act 1987                                                                  3

Administrative Decisions (Judicial Review) Act 1977                                         3

Affirmative Action (Equal Employment Opportunity for Women) Act 1986     3

Aged Care Act 1997                                                                                                    3

Aged Care Income Testing Act 1997                                                                        3

Agricultural and Veterinary Chemicals (Administration) Act 1992                 3

Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994  3

Aircraft Noise Levy Collection Act 1995                                                                3

Airline Equipment (Loan Guarantee) Act 1972                                                    3

Airline Equipment (Loan Guarantee) Act 1976                                                    3

Airline Equipment (Loan Guarantee) Act 1977                                                    3

Airline Equipment (Loan Guarantee) Act 1978                                                    3

Airline Equipment (Loan Guarantee) Act (No. 2) 1978                                      3

Airline Equipment (Loan Guarantee) Act 1980                                                    3

Airline Equipment (Loan Guarantee) Act 1981                                                    3

Airports Act 1996                                                                                                        3

Air Services Act 1995                                                                                                  3

Albury‑Wodonga Development Act 1973                                                                3

A New Tax System (Australian Business Number) Act 1999                               3

A New Tax System (Commonwealth-State Financial Arrangements) Act 1999  3

ANL Guarantee Act 1994                                                                                           3

Anti-Personnel Mines Convention Act 1998                                                          3

Archives Act 1983                                                                                                        3

Auditor‑General Act 1997                                                                                         3

Australia Council Act 1975                                                                                       3

Australia‑Japan Foundation Act 1976                                                                   3

Australian Bicentennial Road Development Trust Fund Act 1982                   3

Australian Broadcasting Corporation Act 1983                                                  3

Australian Bureau of Statistics Act 1975                                                                3

Australian Capital Territory Government Service (Consequential Provisions) Act 1994               3

Australian Capital Territory (Planning and Land Management) Act 1988   3

Australian Centre for International Agricultural Research Act 1982              3

Australian Communications Authority Act 1997                                                  3

Australia New Zealand Food Authority Act 1991                                                3

Australian Federal Police Act 1979                                                                        3

Australian Film Commission Act 1975                                                                    3

Australian Film, Television and Radio School Act 1973                                    3

Australian Hearing Services Act 1991                                                                    3

Australian Heritage Commission Act 1975                                                            3

Australian Industry Development Corporation Act 1970                                   3

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 3

Australian Institute of Health and Welfare Act 1987                                            3

Australian Institute of Marine Science Act 1972                                                  3

Australian Land Transport Development Act 1988                                              3

Australian Land Transport (Financial Assistance) Act 1985                            3

Australian Law Reform Commission Act 1996                                                       3

Australian Maritime Safety Authority Act 1990                                                    3

Australian Meat and Live-stock Industry Act 1997                                              3

Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997        3

Australian Meat and Live-stock (Quotas) Act 1990                                             3

Australian National Maritime Museum Act 1990                                                 3

Australian National Railways Commission Act 1983                                          3

Australian National Training Authority Act 1992                                               3

Australian Nuclear Science and Technology Organisation Act 1987              3

Australian Protective Service Act 1987                                                                  3

Australian Prudential Regulation Authority Act 1998                                        3

Australian Radiation Protection and Nuclear Safety Act 1998                         3

Australian Securities and Investments Commission Act 1989                            3

Australian Security Intelligence Organisation Act 1979                                    3

Australian Space Council Act 1994                                                                        3

Australian Sports Commission Act 1989                                                                3

Australian Sports Drug Agency Act 1990                                                               3

Australian Tourist Commission Act 1987                                                               3

Australian Trade Commission Act 1985                                                                 3

Australian War Memorial Act 1980                                                                         3

Australian Wine and Brandy Corporation Act 1980                                            3

Australian Wool Research and Promotion Organisation Act 1993                  3

Bank Integration Act 1991                                                                                        3

Bankruptcy Act 1966                                                                                                  3

Bounty (Books) Act 1986                                                                                           3

Broadcasting Services Act 1992                                                                               3

Chemical Weapons (Prohibition) Act 1994                                                           3

Child Support (Assessment) Act 1989                                                                     3

Child Support (Registration and Collection) Act 1988                                      3

Christmas Island Act 1958                                                                                         3

Civil Aviation Act 1988                                                                                              3

Classification (Publications, Films and Computer Games) Act 1995              3

Cocos (Keeling) Islands Act 1955                                                                           3

Commonwealth Authorities and Companies Act 1997                                        3

Commonwealth Bank Sale Act 1995                                                                       3

Commonwealth Electoral Act 1918                                                                         3

Commonwealth Grants Commission Act 1973                                                       3

Commonwealth Inscribed Stock Act 1911                                                              3

Commonwealth Legal Aid Act 1977                                                                        3

Commonwealth Serum Laboratories Act 1961                                                      3

Commonwealth Services Delivery Agency Act 1997                                            3

Commonwealth Superannuation Board Act 1999                                                3

Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997             3

Complaints (Australian Federal Police) Act 1981                                               3

Constitutional Convention (Election) Act 1997                                                   3

Construction Industry Reform and Development Act 1992                                 3

Co‑operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978      3

Copyright Act 1968                                                                                                     3

Corporate Law Economic Reform Program Act 1998                                          3

Council for Aboriginal Reconciliation Act 1991                                                  3

Crimes Act 1914                                                                                                           3

Crimes (Aviation) Act 1991                                                                                       3

Criminology Research Act 1971                                                                               3

CSL Sale Act 1993                                                                                                       3

Customs Act 1901                                                                                                        3

Customs Administration Act 1985                                                                            3

Dairy Produce Act 1986                                                                                             3

Debits Tax Administration Act 1982                                                                        3

Defence Act 1903                                                                                                         3

Defence Force Discipline Act 1982                                                                          3

Defence Force Discipline Appeals Act 1955                                                          3

Defence Force Retirement and Death Benefits Act 1973                                     3

Defence Housing Authority Act 1987                                                                      3

Defence Service Homes Act 1918                                                                              3

Defence (Special Undertakings) Act 1952                                                             3

Defence (Visiting Forces) Act 1963                                                                         3

Designs Act 1906                                                                                                         3

Development Allowance Authority Act 1992                                                         3

Director of Public Prosecutions Act 1983                                                              3

Disability Discrimination Act 1992                                                                         3

Disability Services Act 1986                                                                                     3

Education Legislation Amendment Act 1997                                                         3

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991              3

Employment, Education and Training Act 1988                                                   3

Employment Services Act 1994                                                                                 3

Endangered Species Protection Act 1992                                                              3

Environment Protection (Alligator Rivers Region) Act 1978                            3

Environment Protection and Biodiversity Conservation Act 1999                   3

Equal Employment Opportunity (Commonwealth Authorities) Act 1987        3

Evidence Act 1995                                                                                                       3

Excise Tariff Act 1921                                                                                                 3

Family Law Act 1975                                                                                                  3

Federal Airports Corporation Act 1986                                                                 3

Federal Court of Australia Act 1976                                                                       3

Federal Magistrates Act 1999                                                                                  3

Film Licensed Investment Company Act 1998                                                       3

Financial Management and Accountability Act 1997                                         3

Financial Transaction Reports Act 1988                                                               3

Financial Sector Reform (Amendments and Transitional Provisions) Act 1998                3

First Home Owners Act 1983                                                                                     3

Fisheries Management Act 1991                                                                              3

Foreign Evidence Act 1994                                                                                       3

Forestry and Timber Bureau Act 1930                                                                    3

Freedom of Information Act 1982                                                                             3

Fringe Benefits Tax (Application to the Commonwealth) Act 1986                 3

Fringe Benefits Tax Assessment Act 1986                                                               3

Governor‑General Act 1974                                                                                      3

Great Barrier Reef Marine Park Act 1975                                                              3

Hazardous Waste (Regulation of Exports and Imports) Act 1989                     3

Health Insurance Act 1973                                                                                        3

Health Insurance Commission Act 1973                                                                 3

High Court of Australia Act 1979                                                                            3

Horticultural Policy Council Act 1987                                                                   3

Housing Assistance Act 1996                                                                                    3

Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990              3

Human Rights and Equal Opportunity Commission Act 1986                           3

Immigration (Education) Act 1971                                                                          3

Income Tax Assessment Act 1936                                                                              3

Income Tax Assessment Act 1997                                                                              3

Industrial Chemicals (Notification and Assessment) Act 1989                          3

Industry Research and Development Act 1986                                                      3

Inspector‑General of Intelligence and Security Act 1986                                   3

International Air Services Commission Act 1992                                                 3

International Transfer of Prisoners Act 1997                                                        3

Judiciary Act 1903                                                                                                      3

Lands Acquisition Act 1989                                                                                      3

Legislative Instruments Act 1997                                                                             3

Long Service Leave (Commonwealth Employees) Act 1976                               3

Management and Investment Companies Act 1983                                              3

Maternity Leave (Commonwealth Employees) Act 1973                                     3

Meat Inspection Arrangements Act 1964                                                                3

Members of Parliament (Staff) Act 1984                                                                 3

Merit Protection (Australian Government Employees) Act 1984                      3

Migration Act 1958                                                                                                     3

Migration Legislation Amendment (Migration Agents) Act 1997                     3

Motor Vehicle Standards Act 1989                                                                          3

National Crime Authority Act 1984                                                                         3

National Environment Protection Council Act 1994                                           3

National Gallery Act 1975                                                                                        3

National Health Act 1953                                                                                          3

National Health and Medical Research Council Act 1992                                3

National Labour Consultative Council Act 1977                                                 3

National Library Act 1960                                                                                        3

National Museum of Australia Act 1980                                                                 3

National Occupational Health and Safety Commission Act 1985                     3

National Parks and Wildlife Conservation Act 1975                                           3

National Roads Act 1974                                                                                           3

National Road Transport Commission Act 1991                                                  3

National Transmission Network Sale Act 1998                                                    3

Native Title Act 1993                                                                                                  3

Natural Heritage Trust of Australia Act 1997                                                       3

Natural Resources Management (Financial Assistance) Act 1992                   3

Naval Defence Act 1910                                                                                             3

Norfolk Island Act 1979                                                                                             3

Nuclear Non‑Proliferation (Safeguards) Act 1987                                              3

Occupational Health and Safety (Commonwealth Employment) Act 1991     3

Occupational Health and Safety (Maritime Industry) Act 1993                        3

Office of National Assessments Act 1977                                                                 3

Ombudsman Act 1976                                                                                                 3

Overseas Students (Refunds) Act 1990                                                                    3

Ozone Protection Act 1989                                                                                        3

Parliamentary Contributory Superannuation Act 1948                                     3

Parliamentary Counsel Act 1970                                                                             3

Patents Act 1990                                                                                                          3

Petroleum Excise (Prices) Act 1987                                                                        3

Petroleum Resource Rent Tax Assessment Act 1987                                             3

Plant Breeder’s Rights Act 1994                                                                              3

Pooled Development Funds Act 1992                                                                     3

Prawn Export Promotion Act 1995                                                                          3

Prices Surveillance Act 1983                                                                                    3

Primary Industries Levies and Charges Collection Act 1991                             3

Privacy Act 1988                                                                                                         3

Proceeds of Crime Act 1987                                                                                      3

Productivity Commission Act 1998                                                                          3

Protection of Movable Cultural Heritage Act 1986                                             3

Public Lending Right Act 1985                                                                                3

Public Service Act 1922                                                                                             3

Qantas Sale Act 1992                                                                                                 3

Racial Discrimination Act 1975                                                                               3

Radiocommunications Act 1992                                                                               3

Referendum (Machinery Provisions) Act 1984                                                      3

Registration of Deaths Abroad Act 1984                                                                3

Remuneration and Allowances Act 1990                                                                3

Remuneration Tribunal Act 1973                                                                             3

Repatriation Institutions (Transfer) Act 1992                                                       3

Reserve Bank Act 1959                                                                                               3

Resource Assessment Commission Act 1989                                                           3

Roads Grants Act 1974                                                                                               3

Roads Grants Act 1980                                                                                               3

Roads Grants Act 1981                                                                                               3

Rural Adjustment Act 1992                                                                                        3

Rural Adjustment Amendment Act 1999                                                                  3

Safety, Rehabilitation and Compensation Act 1988                                            3

Science and Industry Research Act 1949                                                                3

Seafarers Rehabilitation and Compensation Act 1992                                       3

Seafarers Rehabilitation and Compensation Levy Collection Act 1992          3

Sea Installations Act 1987                                                                                         3

Sex Discrimination Act 1984                                                                                     3

Shipping Registration Act 1981                                                                               3

Ships (Capital Grants) Act 1987                                                                              3

Snowy Mountains Engineering Corporation Limited Sale Act 1993               3

Snowy Mountains Hydro‑electric Power Act 1949                                               3

Social Security Act 1991                                                                                            3

Social Security (Administration) Act 1999                                                            3

Special Broadcasting Service Act 1991                                                                  3

Special Prosecutors Act 1982                                                                                   3

States Grants (Education Assistance—Participation and Equity) Act 1983  3

States Grants (Petroleum Products) Act 1965                                                       3

States Grants (Roads) Act 1977                                                                               3

States Grants (Schools Assistance) Act 1983                                                        3

States Grants (Schools Assistance) Act 1984                                                        3

Stevedoring Industry Charge Assessment Act 1947                                              3

Stevedoring Levy (Collection) Act 1998                                                                3

Student Assistance Act 1973                                                                                     3

Superannuation Act 1976                                                                                          3

Superannuation Act 1990                                                                                          3

Superannuation Benefits (Supervisory Mechanisms) Act 1990                         3

Superannuation Contributions Tax (Assessment and Collection) Act 1997   3

Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997                                                                                                    3

Superannuation Guarantee (Administration) Act 1992                                      3

Superannuation Industry (Supervision) Act 1993                                                3

Superannuation (Productivity Benefit) Act 1988                                                 3

Superannuation (Resolution of Complaints) Act 1993                                       3

Sydney Airport Demand Management Act 1997                                                   3

Taxation Administration Act 1953                                                                           3

Telecommunications Act 1997                                                                                  3

Telecommunications (Interception) Act 1979                                                       3

Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997            3

Telstra Corporation Act 1991                                                                                   3

Termination Payments Tax (Assessment and Collection) Act 1997                  3

Textile, Clothing and Footwear Strategic Investment Program Act 1999       3

Therapeutic Goods Act 1989                                                                                     3

Tobacco Charges Assessment Act 1955                                                                  3

Trade Marks Act 1995                                                                                                3

Trade Practices Act 1974                                                                                           3

Trade Representatives Act 1933                                                                               3

Transport (Planning and Research) Act 1974                                                      3

Transport Planning and Research (Financial Assistance) Act 1977               3

Veterans’ Entitlements Act 1986                                                                              3

War Graves Act 1980                                                                                                  3

Wet Tropics of Queensland World Heritage Area Conservation Act 1994       3

Wildlife Protection (Regulation of Exports and Imports) Act 1982                  3

Williamstown Dockyard Employees Act 1987                                                       3

Wool Tax (Administration) Act 1964                                                                       3

Workplace Relations Act 1996                                                                                 3

Workplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999              3

 


Public Employment (Consequential and Transitional) Amendment Act 1999

No. 146, 1999

 

 

 

An Act to deal with consequential and transitional matters arising from the repeal of the Public Service Act 1922 and the enactment of the Public Service Act 1999, and for other purposes

[Assented to 11 November 1999]

The Parliament of Australia enacts:

Part 1Preliminary

   

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

                     (c)  at the time when the Public Service Act 1999 commences, the amended Act:

                              (i)  has not yet been enacted; or

                             (ii)  has been enacted but has not yet commenced;

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, the amended section:

                              (i)  has not yet been enacted; or

                             (ii)  has been enacted but has not yet commenced;

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

             (5)  If:

                     (a)  an item (the amending item) of a Schedule to this Act is expressed to amend, or to amend a part of, a specified subsection or definition (the amended provision); and

                     (b)  at the time when the Public Service Act 1999 commences, the amended provision:

                              (i)  has not yet been enacted; or

                             (ii)  has been enacted but has not yet commenced;

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

             (6)  If an item (the amending item) of a Schedule to this Act is expressed to amend another Act, but that other Act is repealed at or before the commencing time, then the amending item never commences.

             (7)  If the Employment and Training Amendment Act 1999 commences before the commencing time, then items 402, 403 and 404 of Schedule 1 to this Act never commence. If the Employment and Training Amendment Act 1999 commences at or after the commencing time, then items 405 and 406 of Schedule 1 to this Act never commence.

 


 

Part 2Repeals 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 3Transitional 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 74 of the new Act.

Merit Protection Act means the Merit Protection (Australian Government Employees) Act 1984.

modifications includes additions, omissions and substitutions.

new Act means the Public Service Act 1999.

new Act Department means a Department within the meaning of the new Act.

new Act Secretary means a Secretary within the meaning of the new Act.

non‑SES officer means an officer under the old Act, other than an SES officer.

old Act means the Public Service Act 1922.

old Act Department means a Department within the meaning of the old Act.

old Act employee means an employee within the meaning of the old Act.

old Act officer means an officer within the meaning of the old Act.

overseas engaged employee means a person engaged under section 82AF of the old Act.

Parliamentary Department means a Parliamentary Department within the meaning of section 9B of the old Act.

pre‑commencement misconduct means conduct of an old Act officer or old Act employee before the commencing time that was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act.

second-tier person means:

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

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

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

statutory instrument means:

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

                     (b)  a law of a Territory; or

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

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

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

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

transitional 82D determination means a determination under section 82D of the old Act that is in force immediately before the commencing time, subject to any amendments that are prescribed by the regulations under this Act.

transitional period, in relation to a first‑tier person, means the period that starts at the commencing time and ends at the earliest of the following times:

                     (a)  the period prescribed by the regulations for the purposes of this paragraph;

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

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

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

unattached Secretary has the same meaning as in the old Act.

5  Conversion of officers, employees etc.

Fixed‑term Secretaries

             (1)  At the commencing time, a fixed‑term Secretary becomes a Secretary of the corresponding new Act Department, as if he or she had been appointed as a Secretary under the new Act for a period equal to the unexpired part of the fixed term.

Public Service Commissioner

             (2)  At the commencing time, the person holding office as the Public Service Commissioner under the old Act becomes the Public Service Commissioner under the new Act, as if he or she had been appointed as the Public Service Commissioner under the new Act for a period equal to the unexpired part of his or her term under the old Act.

Merit Protection Commissioner

             (3)  At the commencing time, the person holding office as the Merit Protection Commissioner under the Merit Protection (Australian Government Employees) Act 1984 becomes the Merit Protection Commissioner under the new Act, as if he or she had been appointed as the Merit Protection Commissioner under the new Act for a period equal to the unexpired part of his or her term under the Merit Protection (Australian Government Employees) Act 1984.

Fixed‑term SES officer

             (4)  At the commencing time, a fixed‑term SES officer becomes an SES employee:

                     (a)  in the corresponding Agency; and

                     (b)  with a corresponding classification;

as if he or she had been engaged as an APS employee under the new Act for a period equal to the unexpired part of the fixed term.

Continuing SES officer

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

                     (a)  in the corresponding Agency; and

                     (b)  with a corresponding classification;

as if he or she had been engaged as an ongoing APS employee under the new Act.

Non‑SES officers

             (6)  At the commencing time, a non‑SES officer becomes a non‑SES employee:

                     (a)  in the corresponding Agency; and

                     (b)  with a corresponding classification;

as if he or she had been engaged as an ongoing APS employee under the new Act.

Term employees

             (7)  At the commencing time, a term employee becomes a non‑SES employee:

                     (a)  in the corresponding Agency; and

                     (b)  with a corresponding classification;

as if he or she had been engaged as an APS employee under the new Act for a period equal to the unexpired part of the period of engagement under the old Act.

Continuing employees

             (8)  At the commencing time, a continuing employee becomes a non‑SES employee:

                     (a)  in the corresponding Agency; and

                     (b)  with a corresponding classification;

as if he or she had been engaged as an ongoing APS employee under the new Act.

Overseas‑engaged employees

             (9)  At the commencing time, an overseas‑engaged employee becomes a non‑SES employee:

                     (a)  in the corresponding Agency; and

                     (b)  in an equivalent capacity;

as if he or she had been engaged as a locally engaged employee under the new Act.

New Act applies

           (10)  Except where this Act expressly provides otherwise, the new Act applies to a person who is taken, under this section, to have been appointed or engaged under the new Act in the same way as it applies to persons actually engaged or appointed under the new Act.

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.

             (6)  If the transitional period for a first-tier person ends at the end of the relevant period (as defined in subsection 87D(5) of the old Act), then the person becomes a second-tier person at the end of that relevant period.

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 third 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

                     (c)  in relation to:

                              (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 1Repeals 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 and Torres Strait Islander Heritage Protection Act 1999

22  Subsection 14(1)

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

23  Subsection 16(1)

Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.

24  Section 20

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

25  Subsection 79(5) (paragraph (b) of the definition of authorised person)

Repeal the paragraph, substitute:

                     (b)  a person appointed or engaged under the Public Service Act 1999 who is authorised in writing by the Attorney-General under this section.

26  Subsection 80(2)

Omit “a person who holds or performs the duties of a Senior Executive Service office under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.

Aboriginal Councils and Associations Act 1976

27  Subsection 4(4)

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

Aboriginal Land Rights (Northern Territory) Act 1976

28  Paragraph 23E(3)(b)

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

29  Paragraph 54C(2)(b)

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

30  Subsection 54C(2)

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

31  Section 59

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

ACIS Administration Act 1999

32  Subsection 115(1)

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

Acts Interpretation Act 1901

33  After section 17

Insert:

17AA  Definitions relating to the Australian Public Service

                   In any Act, unless the contrary intention appears:

acting SES employee has the same meaning as in the Public Service Act 1999.

APS employee has the same meaning as in the Public Service Act 1999.

SES employee has the same meaning as in the Public Service Act 1999.

34  Paragraph 19B(3)(a)

Omit “the holder of which was, by virtue of section 25 of the Public Service Act 1922, the Secretary of a Department”, substitute “of Secretary of a Department within the meaning of the Public Service Act 1999”.

35  Paragraph 19BA(3)(a)

Omit “the holder of which is, by virtue of section 25 of the Public Service Act 1922, the Secretary of a Department”, substitute “of Secretary of a Department within the meaning of the Public Service Act 1999”.

36  At the end of section 19C

Add:

             (2)  In this section:

officer includes an APS employee.

37  At the end of section 21

Add:

             (2)  In this section:

office includes a position occupied by an APS employee.

officer includes an APS employee.

38  At the end of section 25B

Add:

             (3)  In this section:

office includes a position occupied by an APS employee.

39  After subsection 33(2)

Insert:

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

40  At the end of section 33A

Add:

             (2)  In this section:

office includes a position occupied by an APS employee.

Administrative Appeals Tribunal Act 1975

41  Subsection 12(1)

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

42  Subsection 24G(1)

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

43  Subsection 24N(3)

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

44  Subsection 24N(4)

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

45  Subsection 24N(4)

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

46  Section 24P

Repeal the section, substitute:

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

                   For the purposes of the Public Service Act 1999:

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

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

47  Section 57

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

Administrative Arrangements Act 1987

48  Subsection 19(1)

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

49  Subsection 19(2)

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

Administrative Decisions (Judicial Review) Act 1977

50  Paragraph (r) of Schedule 2

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

51  Paragraph (s) of Schedule 2

Repeal the paragraph.

52  Subparagraph (t)(ii) of Schedule 2

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

53  Paragraph (w) of Schedule 2

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

Affirmative Action (Equal Employment Opportunity for Women) Act 1986

54  Subsection 29(1)

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

55  Subsection 29(2)

Repeal the subsection, substitute:

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

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

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

Aged Care Act 1997

56  Clause 1 of Schedule 1 (definition of officer)

Repeal the definition.

Aged Care Income Testing Act 1997

57  Section 3 (definition of officer)

Repeal the definition.

Agricultural and Veterinary Chemicals (Administration) Act 1992

58  Paragraph 11(1)(e)

Repeal the paragraph, substitute:

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

59  Section 39

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

60  Paragraph 46(1)(a)

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

61  Subsection 69F(1)

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

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

62  Subsection 18(1)

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

Aircraft Noise Levy Collection Act 1995

63  Paragraph 10(3)(a)

Repeal the paragraph, substitute:

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

64  Subsection 14(3)

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

65  Subsection 17(2)

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

66  Paragraph 18(3)(a)

Repeal the paragraph, substitute:

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

Airline Equipment (Loan Guarantee) Act 1972

67  Subparagraph 4(d)(i)

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

68  Subparagraph 4(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1976

69  Subparagraph 5(d)(i)

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

70  Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1977

71  Subparagraph 5(d)(i)

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

72  Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1978

73  Subparagraph 5(d)(i)

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

74  Subparagraph 5(d)(ii)

Omit “officers”, substitute “APS employees”.

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

75  Subparagraph 6(e)(i)

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

76  Subparagraph 6(e)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1980

77  Subparagraph 5(e)(i)

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

78  Subparagraph 5(e)(ii)

Omit “officers”, substitute “APS employees”.

Airline Equipment (Loan Guarantee) Act 1981

79  Subparagraph 5(e)(i)

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

80  Subparagraph 5(e)(ii)

Omit “officers”, substitute “APS employees”.

Airports Act 1996

81  Paragraph 244(1)(b)

Repeal the paragraph, substitute:

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

82  Subsection 244(2)

Repeal the subsection.

83  Subsection 249(3)

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

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

Repeal the definition.

Air Services Act 1995

85  Subsection 30(1)

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

Albury‑Wodonga Development Act 1973

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

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

87  Paragraph 8(1)(e)

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

88  Paragraph 8(1)(e)

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

89  Subsection 21(3)

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

90  Subsection 21(3)

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

91  Section 22

Repeal the section.

A New Tax System (Australian Business Number) Act 1999

92  Subparagraph 30(3)(c)(i)

Repeal the subparagraph, substitute:

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

93  Subparagraph 30(3)(d)(i)

Repeal the subparagraph, substitute:

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

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

Repeal the paragraph, substitute:

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

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

95  Subsection 19(1)

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

ANL Guarantee Act 1994

96  Subsection 5(1)

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

97  Subsection 5(2)

Omit “officer”, substitute “person”.

Anti-Personnel Mines Convention Act 1998

98  Paragraph 29(1)(b)

Repeal the paragraph, substitute:

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

99  Paragraph 29(3)(d)

Repeal the paragraph, substitute:

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

Archives Act 1983

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

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

101  Subsection 7(1)

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

102  Section 9

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

103  Paragraph 34(8)(a)

Repeal the paragraph, substitute:

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

Auditor‑General Act 1997

104  Subsection 40(1)

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

105  After subsection 40(1)

Insert:

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

                     (a)  the Auditor‑General and the APS employees assisting the Auditor‑General together constitute a Statutory Agency; and

                     (b)  the Auditor‑General is the Head of that Statutory Agency.

106  Subclause 4(1) of Schedule 1

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

Australia Council Act 1975

107  Subsection 12(1)

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

108  Subsection 16(5)

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

109  Subsection 19C(1)

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

Australia‑Japan Foundation Act 1976

110  Section 20

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

Australian Bicentennial Road Development Trust Fund Act 1982

111  Subsection 26(1)

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

Australian Broadcasting Corporation Act 1983

112  Subsection 14A(1)

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

Australian Bureau of Statistics Act 1975

113  Subparagraph 6(5)(b)(i)

Repeal the subparagraph, substitute:

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

114  Subsection 16(1)

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

115  Subsection 16(3)

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

116  Subsections 16(4) and (5)

Repeal the subsections, substitute:

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

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

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

Australian Capital Territory Government Service (Consequential Provisions) Act 1994

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

Repeal the definition.

118  Sections 6 and 7

Repeal the sections.

119  Subsection 8(1)

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

120  Subsection 8(2)

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

121  Subsection 8(2)

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

122  Subsection 8(3)

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

123  Subsection 8(5)

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

124  Section 10

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

125  Paragraph 10(a)

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

126  Paragraph 10(b)

Omit “Secretary”, substitute “Agency Head”.

127  Part 3

Repeal the Part.

128  Section 24

Repeal the section.

129  Subsection 25(1)

Repeal the subsection, substitute:

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

130  Subsection 25(2)

Repeal the subsection.

131  Subsection 25(3)

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

132  Subsections 25(3) and (4)

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

133  Subsection 25(4)

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

134  Subsection 25(4)

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

135  Subsection 25(5)

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

136  Subsection 25(5)

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

137  Subsection 25(6)

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

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

138  Subparagraph 26(2)(a)(i)

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

139  Paragraph 26(2)(b)

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

140  Paragraph 26(3)(b)

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

Australian Capital Territory (Planning and Land Management) Act 1988

141  Subsection 38(1)

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

142  Subsection 47(1)

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

143  Subsection 47(2)

Repeal the subsection, substitute:

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

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

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

Australian Centre for International Agricultural Research Act 1982

144  Paragraph 19(1)(c)

Omit “office”, substitute “position”.

145  Subsection 26(1)

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

146  Subsection 30(1)

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

147  Subsections 30(2) and (3)

Repeal the subsections, substitute:

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

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

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

148  Subsection 31(1)

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

149  Subsection 31(1)

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

Australian Communications Authority Act 1997

150  Section 3

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

151  Section 4 (definition of Chairman)

Repeal the definition, substitute:

Chair means the Chair of the ACA.

152  Section 4 (definition of Deputy Chairman)

Repeal the definition, substitute:

Deputy Chair means the Deputy Chair of the ACA.

153  Section 16

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

154  Subsections 17(2) and (3)

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

155  Subsections 22(3), (4) and (5)

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

156  Section 24

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

157  Subsections 34(1) and (2)

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

158  Subsection 35(1)

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

159  Subsections 35(2), (3) and (4)

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

160  Subsections 39(1), (2) and (3)

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

161  Subsection 40(1)

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

162  Subsection 40(2)

Repeal the subsection, substitute:

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

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

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

163  Subsections 48(4) and (5)

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

Australia New Zealand Food Authority Act 1991

164  Paragraph 38(a)

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

165  Paragraphs 38(d) and (e)

After “in those”, insert “Agencies,”.

166  Paragraph 39(7)(a)

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

167  Paragraph 39(7)(a)

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

168  Subsection 53(1)

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

169  Subsection 53(2)

Repeal the subsection, substitute:

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

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

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

Australian Federal Police Act 1979

170  Subsection 21(1)

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

171  After subsection 31(3)

Insert:

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

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

                     (a)  Part IV of the Public Service Act 1922;

                     (b)  Division 3 of Part IV of the Public Service Act 1922;

                     (c)  the Officers’ Rights Declaration Act 1928.

Australian Film Commission Act 1975

172  Subsection 18(1)

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

Australian Film, Television and Radio School Act 1973

173  Subsection 17(1)

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

Australian Hearing Services Act 1991

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

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

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

Omit “within the meaning of that Act”.

176  Paragraph 67(7)(a)

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

177  Paragraph 67(7)(a)

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

178  Paragraph 68(a)

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

179  Paragraphs 68(d) and (e)

After “in those”, insert “Agencies,”.

180  Paragraph 69(b)

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

Australian Heritage Commission Act 1975

181  Subsection 3(1) (definition of Department)

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

182  Subsection 12(3)

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

183  Subsection 32(1)

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

184  Section 33

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

185  Section 33

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

Australian Industry Development Corporation Act 1970

186  Section 29W

Repeal the section.

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

Repeal the paragraph, substitute:

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

188  Paragraph 34X(1)(c)

Repeal the paragraph, substitute:

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

189  Subsection 34X(2)

Repeal the subsection.

190  Paragraph 37A(1)(c)

Repeal the paragraph, substitute:

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

191  Subsection 37A(2)

Repeal the subsection.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

192  Subsection 29(1)

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

193  Subsection 29(2)

Repeal the subsection, substitute:

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

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

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

194  Section 45A

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

Australian Institute of Health and Welfare Act 1987

195  Subsection 11(1)

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

196  Paragraph 19(1)(a)

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

197  Subsection 19(2)

Repeal the subsection, substitute:

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

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

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

Australian Institute of Marine Science Act 1972

198  Subsection 25(1)

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

199  Section 34

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

Australian Land Transport Development Act 1988

200  Section 39

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

Australian Land Transport (Financial Assistance) Act 1985

201  Subsection 36(1)

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

Australian Law Reform Commission Act 1996

202  Subsection 19(1)

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

Australian Maritime Safety Authority Act 1990

203  Subsection 17(1)

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

204  Subsection 51A(1)

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

205  Paragraph 57(a)

Omit “, or Associate Secretary,”.

206  Paragraph 57(b)

Repeal the paragraph, substitute:

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

Australian Meat and Live-stock Industry Act 1997

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

Repeal the definition.

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

208  Item 10 of Schedule 5 (definition of officer)

Repeal the definition, substitute:

officer means a person in the Department who is engaged under the Public Service Act 1999.

209  Item 23 of Schedule 5 (definition of officer)

Repeal the definition, substitute:

officer means a person in the Department who is engaged under the Public Service Act 1999.

Australian Meat and Live-stock (Quotas) Act 1990

210  Section 8A

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

Australian National Maritime Museum Act 1990

211  Subsection 34(1)

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

212  Subsection 40(1)

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

213  Subsection 40(2)

Repeal the subsection, substitute:

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

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

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

214  Subsection 41(1)

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

215  Subsection 41(1)

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

Australian National Railways Commission Act 1983

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

Repeal the paragraph, substitute:

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

217  Paragraph 67AZV(1)(c)

Repeal the paragraph, substitute:

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

218  Subsection 67AZV(2)

Repeal the subsection.

Australian National Training Authority Act 1992

219  Subsection 30(1)

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

220  Paragraph 40A(1)(a)

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

221  After paragraph 40A(1)(a)

Insert:

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

222  Subsection 43(1)

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

223  Subsection 45(4)

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

224  Subsections 45(5), (6) and (7)

Repeal the subsections, substitute:

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

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

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

225  Paragraph 46(1)(a)

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

226  After paragraph 46(1)(a)

Insert:

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

Australian Nuclear Science and Technology Organisation Act 1987

227  Subsection 21A(1)

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

228  Subsection 24(2)

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

229  Subsection 24(2)

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

230  Subsection 37J(1)

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

231  Subsection 37P(2)

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

232  Subsection 37P(2)

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

Australian Protective Service Act 1987

233  Subsection 9(1)

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

234  Subsection 9(2)

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

235  Paragraph 12(3)(c)

Repeal the paragraph, substitute:

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

Australian Prudential Regulation Authority Act 1998

236  Subsection 9A(4)

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

Australian Radiation Protection and Nuclear Safety Act 1998

237  Subsection 48(1)

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

238  Subsections 58(1) and (2)

Repeal the subsections, substitute:

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

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

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

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

Australian Securities and Investments Commission Act 1989

239  Subsection 113(1)

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

240  Subsection 120(1)

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

241  Subsection 120(2)

Repeal the subsection, substitute:

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

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

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

242  Subsection 120(3)

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

243  Subsection 120(4)

Omit “Commission”, substitute “Chairperson”.

244  Subsection 121(1)

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

245  Subsection 121(2)

Omit “Commission”, substitute “Chairperson”.

246  Paragraph 122(a)

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

247  Paragraph 125(1)(a)

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

248  Subsection 156(1)

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

249  Subsection 156(2)

Repeal the subsection, substitute:

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

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

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

250  Paragraph 158(a)

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

251  Subsection 180(1)

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

Australian Security Intelligence Organisation Act 1979

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

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

253  Subsection 11(1)

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

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

Repeal the definition.

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

Repeal the paragraph, substitute:

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

256  Section 86

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

257  Subsection 90(5)

Repeal the subsection.

258  Section 90A

Repeal the section.

Australian Space Council Act 1994

259  Section 27

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

Australian Sports Commission Act 1989

260  Subsection 14(1)

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

261  Subsection 35(1)

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

262  Subsection 41(3)

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

263  Subsection 41(3)

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

Australian Sports Drug Agency Act 1990

264  Subsection 33(3)

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

265  Subsection 56(3)

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

266  Subsection 56(3)

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

Australian Tourist Commission Act 1987

267  Subsection 13(4)

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

268  Subsection 18(3)

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

269  Subsection 36(1)

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

Australian Trade Commission Act 1985

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

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

271  Subsection 57(1)

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

272  Section 63

Repeal the section.

Australian War Memorial Act 1980

273  Subsection 23(1)

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

274  Subsection 27(1)

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

275  Subsections 27(2), (3) and (4)

Repeal the subsections, substitute:

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

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

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

276  Subsection 28(1)

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

Australian Wine and Brandy Corporation Act 1980

277  Subsection 39ZL(1)

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

Australian Wool Research and Promotion Organisation Act 1993

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

Repeal the definition, substitute:

designated group means any of the following classes of persons:

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

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

                     (c)  persons with a physical or mental disability.

Bank Integration Act 1991

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

Repeal the subparagraph, substitute:

                             (ii)  an SES employee or acting SES employee;

Bankruptcy Act 1966

280  Subsection 31A(5)

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

Bounty (Books) Act 1986

281  Subsection 32(1)

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

Broadcasting Services Act 1992

282  Subsection 165(1)

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

283  Subsection 165(2)

Repeal the subsection, substitute:

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

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

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

Chemical Weapons (Prohibition) Act 1994

284  Paragraph 99(c)

Repeal the paragraph, substitute:

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

Child Support (Assessment) Act 1989

285  Subparagraph 149(1)(c)(i)

Repeal the subparagraph, substitute:

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

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

Repeal the subparagraph, substitute:

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

Child Support (Registration and Collection) Act 1988

287  Subparagraph 15(1)(c)(i)

Repeal the subparagraph, substitute:

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

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

Repeal the subparagraph, substitute:

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

Christmas Island Act 1958

289  Paragraph 8G(7)(h)

Repeal the paragraph, substitute:

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

290  Subsection 17(1)

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

291  Subsection 17(3)

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

Civil Aviation Act 1988

292  Subsection 37(1)

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

Classification (Publications, Films and Computer Games) Act 1995

293  Subsection 54(1)

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

294  Subsection 54(2)

Repeal the subsection, substitute:

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

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

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

295  Subsection 59(2)

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

296  Subsection 61(1)

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

Cocos (Keeling) Islands Act 1955

297  Paragraph 8G(7)(h)

Repeal the paragraph, substitute:

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

298  Subsections 15A(1) and (3)

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

Commonwealth Authorities and Companies Act 1997

299  Subsection 23(2)

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

Commonwealth Bank Sale Act 1995

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

Repeal the subparagraph, substitute:

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

Commonwealth Electoral Act 1918

301  Paragraph 6(5)(a)

Repeal the paragraph, substitute:

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

302  Subsection 23(1)

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

303  Paragraph 29(1)(a)

Repeal the paragraph, substitute:

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

304  Subsection 29(2)

Repeal the subsection, substitute:

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

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

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

305  Subsection 35(3)

Omit all the words after “Commission”.

306  Subsection 35(5)

Repeal the subsection.

307  Paragraph 60(3)(b)

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

308  Paragraph 60(3)(b)

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

309  Paragraph 60(3A)(d)

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

310  Paragraph 60(4)(b)

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

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

Repeal the definition.

312  Paragraph 91(11)(a)

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

313  Paragraph 193(2)(b)

Repeal the paragraph, substitute:

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

314  Subsection 279B(1)

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

315  Subsection 279B(7)

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

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

Repeal the paragraph, substitute:

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

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

Repeal the paragraph, substitute:

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

Commonwealth Grants Commission Act 1973

318  Subsection 10(1)

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

319  Subsection 15(2)

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

Commonwealth Inscribed Stock Act 1911

320  Paragraph 51H(2)(b)

After “office”, insert “or position”.

321  Paragraph 51K(1)(a)

After “office”, insert “or position”.

Commonwealth Legal Aid Act 1977

322  Part IV

Repeal the Part.

Commonwealth Serum Laboratories Act 1961

323  Subsection 19X(1)

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

324  Subsection 19X(2)

Repeal the subsection.

Commonwealth Services Delivery Agency Act 1997

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

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

326  Subsection 35(1)

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

327  Subsection 35(2)

Repeal the subsection, substitute:

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

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

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

Commonwealth Superannuation Board Act 1999

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

Repeal the paragraph, substitute:

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

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

Repeal the paragraph, substitute:

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

Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997

330  Section 7

Repeal the section, substitute:

7  Registrar

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

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

Complaints (Australian Federal Police) Act 1981

331  Paragraph 41(1)(c)

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

332  Subsection 64(3)

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

Constitutional Convention (Election) Act 1997

333  Paragraph 102(6)(a)

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

334  Subsection 113(1)

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

335  Subsection 113(7)

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

Construction Industry Reform and Development Act 1992

336  Subsection 38(1)

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

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

337  Paragraph 5(c)

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

Copyright Act 1968

338  Subsection 170(2)

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

Corporate Law Economic Reform Program Act 1998

339  Subsection 27A(2)

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

Council for Aboriginal Reconciliation Act 1991

340  Subsection 20(1)

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

341  Section 26

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

342  Paragraph 29(1)(c)

Repeal the paragraph, substitute:

                     (c)  an SES employee or acting SES employee.

Crimes Act 1914

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

Repeal the paragraph, substitute:

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

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

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

345  Subsection 21F(3)

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

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

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

347  Section 85ZL (definition of Commonwealth Department)

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

348  Section 85ZL

Insert:

Secretary, in relation to a Commonwealth Department, means the Agency Head within the meaning of the Public Service Act 1999.

Crimes (Aviation) Act 1991

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

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

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

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

351  Subparagraph 23(2)(c)(i)

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

Criminology Research Act 1971

352  Subsection 19(1)

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

CSL Sale Act 1993

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

Repeal the paragraph, substitute:

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

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

Repeal the paragraph, substitute:

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

Customs Act 1901

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

Repeal the definition, substitute:

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

Customs Administration Act 1985

356  Subsection 9(1)

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

357  Subsection 15(1)

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

358  Subsection 15(2)

Repeal the subsection, substitute:

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

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

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

Dairy Produce Act 1986

359  Paragraph 109C(b)

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

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

Repeal the definition, substitute:

designated group means any of the following classes of persons:

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

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

                     (c)  persons with a physical or mental disability.

Debits Tax Administration Act 1982

361  Subsection 3(1) (definition of officer)

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

Defence Act 1903

362  Paragraph 58B(1A)(a)

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

363  Subsection 73A(1)

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

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

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

365  Subsection 123(2)

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

366  Subparagraph 123(2)(a)(i)

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

367  Subsection 124(1A)

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

Defence Force Discipline Act 1982

368  Subsections 175(1) and (2)

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

Defence Force Discipline Appeals Act 1955

369 Subsection 19(4)

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

Defence Force Retirement and Death Benefits Act 1973

370  Subsection 131(4)

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

Defence Housing Authority Act 1987

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

Repeal the definition.

372  Subsection 3(1)

Insert:

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.

373  Paragraph 12(1)(c)

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

374  Subparagraph 41(4)(e)(i)

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

375  Subparagraph 41(4)(e)(ii)

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

376  Subsection 51(1)

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

377  Paragraph 57(1)(a)

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

378  Subsections 57(2) and (3)

Repeal the subsections, substitute:

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

                     (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.

379  Subsections 60(1) and (2)

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

380  Subsection 60(4)

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

Defence Service Homes Act 1918

381  Subsection 23J(2)

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

382  Subsection 23J(2)

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

Defence (Special Undertakings) Act 1952

383  Section 4 (paragraph (a) of the definition of Commonwealth officer)

Repeal the paragraph, substitute:

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

Defence (Visiting Forces) Act 1963

384  Subsection 28(1)

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

Designs Act 1906

385  Subsection 8A(1)

Omit all the words after “any other Act”, substitute “to a prescribed person engaged under the Public Service Act 1999 in the Designs Office”.

386  Subsection 8A(2)

Repeal the subsection.

Development Allowance Authority Act 1992

387  Subsection 103(1)

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

388  Subparagraph 107(3)(c)(ii)

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

389  Section 108

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

Director of Public Prosecutions Act 1983

390  Subsection 20(1)

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

391  Subsection 27(1)

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

392  Subsection 27(2)

Repeal the subsection, substitute:

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

                     (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.

393  Paragraph 31(1A)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee.

Disability Discrimination Act 1992

394  Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)

Repeal the paragraph, substitute:

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

395  Subsection 4(1) (definition of Department)

Omit “has the same meaning as that expression has in the Public Service Act 1922”, substitute “means an Agency within the meaning of the Public Service Act 1999”.

396  Subsection 116(1)

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

Disability Services Act 1986

397  Subsection 25(1A)

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

398  Subsection 25(1B)

Repeal the subsection.

Education Legislation Amendment Act 1997

399  Item 31 of Schedule 1

Repeal the item.

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

400  Section 17

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

Employment, Education and Training Act 1988

401  Subsection 17(1)

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

402  Paragraph 32(3)(a)

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

403  Paragraphs 32(3)(b) and (c)

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

404  Paragraph 32(3)(d)

Repeal the paragraph, substitute:

                     (d)  any person who from time to time occupies a particular position, or performs particular duties, as a person appointed or engaged under the Public Service Act 1999.

405 Subsection 32(3)

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

406  Subsection 32(3)

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

407  Subsection 32(3)

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

408  Subsection 35C(1)

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

409  Subsection 55(2)

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

410  Section 56

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

411  Subsection 69(2)

Omit “subsection 25(6) of the Public Service Act 1922”, substitute “section 63 of the Public Service Act 1999”.

Employment Services Act 1994

412  Subsection 83(2)

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

413  Subsection 98(1)

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

414  Section 110

Repeal the section, substitute:

110  Staff of ESRA

             (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.

415  Subsection 111(2) (paragraph (a) of the definition of authority of the Commonwealth)

Repeal the paragraph, substitute:

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

Endangered Species Protection Act 1992

416  Subsection 4(1) (definition of Department)

Repeal the definition, substitute:

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

417  Subsection 4(1) (definition of Secretary)

Repeal the definition, substitute:

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

Environment Protection (Alligator Rivers Region) Act 1978

418  Section 8

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

419  Section 26

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

420  Paragraph 31(3)(a)

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

421  Subsection 31(4)

Omit “Permanent Head”, substitute “Secretary”.

Environment Protection and Biodiversity Conservation Act 1999

422  Subsection 393(1)

Repeal the subsection, substitute:

             (1)  The Secretary may make arrangements with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the performance or exercise of all or any of the functions or powers of wardens and rangers under this Act or the regulations by officers or employees in that Agency or authority, as the case may be.

423  Subsection 393(4)

Repeal the subsection, substitute:

             (4)  The Director may make arrangements with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the performance or exercise of all or any of the functions or powers of wardens and rangers under this Act or the regulations by officers or employees in that Agency or authority, as the case may be.

Equal Employment Opportunity (Commonwealth Authorities) Act 1987

424  Subsection 3(1) (definition of authority)

Repeal the definition, substitute:

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 Wool Research and Promotion Organisation.

425  Subsection 3(1) (definition of Board)

Repeal the definition.

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

Repeal the definition, substitute:

designated group means any of the following classes of persons:

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

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

                     (c)  persons with a physical or mental disability;

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

427  Section 8

Repeal the section.

428  Paragraph 9(1)(b)

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

429  Subsection 9(4)

Repeal the subsection, substitute:

             (4)  If:

                     (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.

430  Subsection 10(1)

Repeal the subsection, substitute:

             (1)  The responsible Minister may, by notice in writing to a relevant authority, require the authority to give the responsible Minister a special report within the time specified in the notice.

431  Section 11

Repeal the section, substitute:

11  Minister may make recommendations

             (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.

432  Subsection 12(1)

Repeal the subsection, substitute:

             (1)  The responsible Minister for a relevant authority may give general directions in writing to the authority about the performance of the authority’s obligations under this Act.

433  Sections 13 and 14

Repeal the sections.

Evidence Act 1995

434  Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth agency)

Repeal the paragraph, substitute:

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

435  Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth entity)

Repeal the paragraph, substitute:

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

436  Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth record)

Repeal the paragraph, substitute:

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

437  After clause 8 in Part 2 of the Dictionary

Insert:

8A  References to offices etc.

                   In this Act:

                     (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

438  Item 10 of the Schedule

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

Family Law Act 1975

439  Subsection 4(1) (paragraph (b) of the definition of welfare officer)

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

440  Subsection 26JA(1)

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

441  Subsection 37A(8)

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

442  Subsection 37B(1)

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

443  Subsection 37B(4)

Repeal the subsection, substitute:

             (4)  An Agency Head (within the meaning of the Public Service Act 1999) cannot take action under section 15 of the Public Service Act 1999 against the Principal Registrar, a Registrar or a Deputy Registrar unless such action is requested by the Chief Judge.

444  Subsection 38G(1)

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

445  Subsection 38N(4)

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

446  Subsection 38N(5)

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

447  Subsection 38N(6)

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

448  Subsection 38N(8)

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

449  Section 38Q

Repeal the section, substitute:

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

                   For the purposes of the Public Service Act 1999:

                     (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.

450  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

451  Subsection 114G(1)

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

452  Subsection 114M(1)

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

453  Subsection 114M(2)

Repeal the subsection, substitute:

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

                     (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.

454  Subsection 115(2)

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

Federal Airports Corporation Act 1986

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

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

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

Insert:

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

457  Subsection 17(1)

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

458  Subsection 61(3)

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

459  Subsection 61(3)

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

460  Paragraphs 61(3)(a) and (b)

Omit “Department”, substitute “Agency”.

461  Paragraph 66(1)(b)

Repeal the paragraph, substitute:

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

Federal Court of Australia Act 1976

462  Subsection 18AI(1)

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

463  Subsection 18G(1)

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

464  Subsection 18N(4)

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

465  Subsection 18N(5)

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

466  Subsection 18N(6)

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

467  Subsection 18N(6)

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

468  Subsection 18N(8)

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

469  Section 18Q

Repeal the section, substitute:

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

                   For the purposes of the Public Service Act 1999:

                     (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.

470  Subsection 35A(4)

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

471  Subsection 37F(1)

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

Federal Magistrates Act 1999

472  Subsection 99(1)

Repeal the subsection, substitute:

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

                     (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.

473  Section 102

Repeal the section, substitute:

102  Arrangements relating to Commonwealth staff

                   The Chief Executive Officer may, on behalf of the Federal Magistrates Court, arrange with:

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

                     (b)  an authority of the Commonwealth;

for the services of officers or employees of the Agency or authority to be made available for the purposes of the Federal Magistrates Court.

474  Section 103

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

475  Subsection 106(1)

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

476  Subsection 108(1)

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

477  Subsection 111(1)

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

478  Subsection 114(2)

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

479  Subclause 5(1) of Schedule 2

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

Film Licensed Investment Company Act 1998

480  Paragraph 44(b)

Repeal the paragraph, substitute:

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

Financial Management and Accountability Act 1997

481  Section 5 (paragraph (b) of the definition of Chief Executive)

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

Financial Transaction Reports Act 1988

482  Subsection 3(1) (paragraph (c) of the definition of taxation officer)

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

483  Subsection 36B(1)

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

484  Subsection 40(1)

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

485  Subsection 40(2)

Repeal the subsection, substitute:

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

                     (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.

Financial Sector Reform (Amendments and Transitional Provisions) Act 1998

486  Subsection 2(18)

Omit “Public Service Act 1998” (wherever occurring), substitute “Public Service Act 1999”.

487  Item 42 of Schedule 18

Omit “Public Service Act 1998”, substitute “Public Service Act 1999”.

First Home Owners Act 1983

488  Subsection 4(1) (definition of Secretary)

Repeal the definition.

Fisheries Management Act 1991

489  Subsection 137(4)

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

490  Subsection 138(1)

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

Foreign Evidence Act 1994

491  Subsection 26(3) (paragraph (a) of the definition of authorised officer)

Repeal the paragraph, substitute:

                     (a)  who is an SES employee or acting SES employee in the Attorney‑General’s Department; and

Forestry and Timber Bureau Act 1930

492  Subsection 3(3)

Repeal the subsection, substitute:

             (3)  The Director‑General and staff required for the purposes of this Act must be engaged under the Public Service Act 1999.

Freedom of Information Act 1982

493  Division 1 of Part II of Schedule 2 (item relating to the National Health and Medical Research Council)

Omit “officers, or employees, within the meaning of the Public Service Act 1922”, substitute “persons appointed or engaged under the Public Service Act 1999”.

Fringe Benefits Tax (Application to the Commonwealth) Act 1986

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

Repeal the paragraph, substitute:

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

Fringe Benefits Tax Assessment Act 1986

495  Subsection 136(1) (definition of officer)

Repeal the definition, substitute:

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

Governor‑General Act 1974

496  At the end of section 6

Add:

             (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.

497  Section 14

Repeal the section, substitute:

14  Remuneration and other conditions of employees

The remuneration and other conditions of employment of a person employed under section 13 are as determined by the Official Secretary.

498  Section 16

Repeal the section.

499  Section 17

Repeal the section.

Great Barrier Reef Marine Park Act 1975

500  Subsection 13(1)

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

501  Subsection 40(1)

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

502  Subsections 40(2) and (3)

Repeal the subsections, substitute:

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

                     (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.

503  Subsection 42(2)

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

504  Subsection 42(2)

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

Hazardous Waste (Regulation of Exports and Imports) Act 1989

505  Paragraph 60(b)

Repeal the paragraph, substitute:

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

Health Insurance Act 1973

506  Subsection 106ZB(1)

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

507  Section 106ZM

Repeal the section, substitute:

106ZM  Staff

             (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.

508  Subsection 130(5B) (paragraph (b) of the definition of authorised officer)

Repeal the paragraph, substitute:

                     (b)  an APS employee in the Department.

Health Insurance Commission Act 1973

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

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

510  Subsection 23(1)

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

High Court of Australia Act 1979

511  Subsection 22(1)

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

512  Paragraph 25(3)(a)

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

513  Subsection 26(6)

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

514  Subsection 26(6)

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

Horticultural Policy Council Act 1987

515  Subsection 25(1)

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

Housing Assistance Act 1996

516  After paragraph 8(2)(e)

Insert:

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

517  Paragraph 8(2)(f)

Omit “the Commonwealth or”.

518  Section 13

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

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

519  Section 26

Omit “an officer of the Department of Finance who holds a Senior Executive Service office within the meaning of the Public Service Act 1922”, substitute “an SES employee, or acting SES employee, in the Department of Finance”.

Human Rights and Equal Opportunity Commission Act 1986

520  Subsection 39(1)

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

521  Subsection 43(1)

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

522  Subsection 43(2)

Repeal the subsection, substitute:

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

                     (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.

523  Subsection 46F(1)

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

Immigration (Education) Act 1971

524  Subsection 10(1)

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

Income Tax Assessment Act 1936

525  Subsection 51AL(23)

Repeal the subsection, substitute:

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

                     (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).

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

Repeal the definition.

527  Subsection 124K(1) (definition of Senior Executive Service office)

Repeal the definition, substitute:

Senior Executive Service office means a position that is occupied by an SES employee or acting SES employee.

528  Subsection 124ZADAA(1)

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

529  Subsection 124ZADAA(2)

Repeal the subsection.

530  Section 159UX

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

531  Section 159UX

Omit “In this section Senior Executive Service office has the same meaning as in the Public Service Act 1922.”.

Income Tax Assessment Act 1997

532  Section 34‑65

Repeal the section, substitute:

34‑65  Delegation of powers by Industry Secretary

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

                     (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).

533  Section 396-105

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

534  Subsection 995‑1(1) (definition of Senior Executive Service office)

Repeal the definition, substitute:

Senior Executive Service office means a position occupied by an SES employee or acting SES employee.

Industrial Chemicals (Notification and Assessment) Act 1989

535  Section 5 (definition of Department)

Repeal the definition, substitute:

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

536  Section 5 (definition of Secretary)

Repeal the definition, substitute:

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

537  Subsection 84(1)

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

538  Subsection 84(2)

Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.

539  Subsection 94(1)

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

540  Subsection 100(1)

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

541  Subsection 100(1)

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

542  Paragraph 104(c)

Repeal the paragraph, substitute:

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

543  Section 104A

Repeal the section, substitute:

104A  Delegation by Director

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

                     (a)  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 Research and Development Act 1986

544  Paragraph 9(1)(b)

After “office”, insert “or position”.

545  Section 25

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

Inspector‑General of Intelligence and Security Act 1986

546  Paragraph 18(6)(b)

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

547  Subsection 28(1)

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

548  Subsection 32(1)

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

549  Subsection 32(2)

Repeal the subsection, substitute:

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

                     (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.

International Air Services Commission Act 1992

550  Subsection 44(1)

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

International Transfer of Prisoners Act 1997

551  Paragraph 53(b)

Repeal the paragraph, substitute:

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

Judiciary Act 1903

552  Subsection 55E(1) (subparagraph (b)(ii) of the definition of AGS lawyer)

Repeal the subparagraph, substitute:

                             (ii)  a person in the Attorney-General’s Department who is engaged under the Public Service Act 1999.

553  Subsection 55E(5)

Omit “as an officer or employee in the Attorney-General’s Department”, substitute “as a person in the Attorney-General’s Department engaged under the Public Service Act 1999”.

554  Paragraph 55G(1)(a)

Omit “an officer of, or employee in, the Attorney-General’s Department”, substitute “a person in the Attorney-General’s Department engaged under the Public Service Act 1999”.

Lands Acquisition Act 1989

555  Paragraph 139(1)(a)

Repeal the paragraph, substitute:

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

Legislative Instruments Act 1997

556  Section 14

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

Long Service Leave (Commonwealth Employees) Act 1976

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

Repeal the paragraph, substitute:

                     (e)  in any other case:

                              (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).

558  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.

559  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

                     (c)  a body covered by paragraph (6)(b); or

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

560  Subsection 4(1) (definition of officer)

Repeal the definition.

561  After subsection 4(1)

Insert:

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

                     (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.

562  Subsection 4(9)

Repeal the subsection.

563  Subsection 4(10)

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

564  Paragraph 4(10)(a)

Repeal the paragraph, substitute:

                     (a)  in the case of an employee who is an APS employee—the minimum that applies to the employee under section 30 of the Public Service Act 1999; or

565  Sections 9 and 9A

Repeal the sections, substitute:

9  Delegation by approving authority

             (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.

566  Paragraph 12(3)(a)

Repeal the paragraph, substitute:

                     (a)  unless a chief executive officer, or the person who granted the leave, determined (otherwise than under this Act), either at the time of the grant or at a later time, that the period of absence be included in the person’s period of service for the purpose of the granting of long service leave; or

Management and Investment Companies Act 1983

567  Section 16

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

Maternity Leave (Commonwealth Employees) Act 1973

568  Subsection 3(1)

Insert:

Agency Head, in relation to an employee, means:

                     (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.

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

Repeal the definition.

570  Subsection 3(1) (definition of Secretary)

Repeal the definition.

571  Paragraph 5(1)(a)

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

572  Subsection 5A(2)

Repeal the subsection, substitute:

             (2)  For the purposes of the application of this Act in relation to a person employed in a Parliamentary Department, the powers conferred on an Agency Head (other than the power of delegation conferred by section 11) are to be exercised, in substitution for the Agency Head, by the Head of the Parliamentary Department concerned.

573  Subsection 6(4)

Omit “or (4AB)”.

574  Subsection 6(4AB)

Repeal the subsection.

575  Subsection 6(4B)

Omit “or (4AB)”.

576  Subsection 6(4C)

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

577  Subsection 6(4F)

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

578  Subsection 7A(4)

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

579  Subsection 7A(4)

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

580  Subsection 7A(5)

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

581  Subsection 7A(5)

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

582  Subsection 7A(6)

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

583  Subsection 7A(6)

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

584  Section 8

Repeal the section, substitute:

8  APS employees on maternity leave

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

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

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

585  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).

             (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 Agency Head.

             (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 Inspection Arrangements Act 1964

586  Subsection 3(1) (definition of person employed by the Commonwealth)

Repeal the definition, substitute:

person employed by the Commonwealth means a person appointed or engaged under the Public Service Act 1999.

Members of Parliament (Staff) Act 1984

587  Section 3 (definition of Agency)

Repeal the definition.

588  Section 3 (definition of Board)

Repeal the definition.

589  Section 3 (definition of officer)

Repeal the definition, substitute:

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

590  Section 3 (definition of Public Service Act)

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

591  Section 3 (definition of relevant public servant)

Repeal the definition.

592  Subsections 5(1), (2) and (3)

Omit “Board”, substitute “Prime Minister”.

593  Section 10

Repeal the section.

594  Section 11

Repeal the section.

595  Subsection 14(1)

Omit “subsection (2) and to”.

596  Subsection 14(1)

Omit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.

597  Subsection 14(1)

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

598  Subsection 14(2)

Repeal the subsection.

599  Sections 17 and 18

Repeal the sections.

600  Subsection 21(1)

Omit “subsection (2) and to”.

601  Subsection 21(1)

Omit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.

602  Subsection 21(1)

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

603  Subsection 21(2)

Repeal the subsection.

604  Section 24

Repeal the section.

605  Section 25

Repeal the section.

Merit Protection (Australian Government Employees) Act 1984

606  The whole of the Act

Repeal the Act.

Migration Act 1958

607  Paragraph 143(1)(b)

Repeal the paragraph, substitute:

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

608  Section 275 (paragraphs (a) and (b) of the definition of official)

Repeal the paragraphs, substitute:

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

609  Paragraph 364(1)(b)

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

610  Subsection 407(4)

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

611  Subsection 408(1)

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

612  Paragraph 428(1)(a)

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

613  Subsection 472(4)

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

614  Subsection 473(1)

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

Migration Legislation Amendment (Migration Agents) Act 1997

615  Subsection 2(3)

Omit “Public Service Act 1997”, substitute “Public Service Act 1999”.

616  Item 82 of Schedule 1

Omit “Public Service Act 1997”, substitute “Public Service Act 1999”.

Motor Vehicle Standards Act 1989

617  Paragraph 22(2)(b)

Repeal the paragraph, substitute:

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

618  Subsection 25(1)

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

619  Subsection 25(2)

Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.

National Crime Authority Act 1984

620  Subsection 40(1)

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

621  Subsection 47(1)

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

622  Subsection 47(2)

Repeal the subsection, substitute:

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

                     (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

623  Subsection 43(1)

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

624  Subsection 49(1)

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

625  Subsections 49(2) and (3)

Repeal the subsections, substitute:

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

                     (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.

626  Subsection 51(1)

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

National Gallery Act 1975

627  Subsection 28(1)

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

National Health Act 1953

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

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

629  Subsection 82PEA(1)

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

630  Subsection 82PL(2)

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

631  Subsection 82PL(2)

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

632  Subsection 82PN(1)

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

633  Subsection 82R(3)

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

634  Subsection 82X(1)

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

635  Subsection 82ZUD(1)

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

636  Subsection 82ZUG(2)

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

637  Subsection 82ZUG(2)

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

National Health and Medical Research Council Act 1992

638  Subsection 22(1)

Repeal the subsection, substitute:

             (1)  The Secretary to the Council is an SES employee or acting SES employee who is designated for the purpose by the Secretary of the Department.

639  Subsection 26(1)

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

640  Subsection 45(1)

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

641  Subsection 45(2)

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

642  Paragraph 48(1)(a)

Repeal the paragraph, substitute:

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

643  Paragraphs 48(1)(d), (e) and (f)

After “of that”, insert “Agency,”.

644  Paragraph 72(a)

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

National Labour Consultative Council Act 1977

645  Section 9

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

646  Subsection 12(2)

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

National Library Act 1960

647  Subparagraph 6(c)(ii)

Omit “Departments and”.

648  At the end of paragraph 6(c)

Add:

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

649  Subsection 17(4)

Repeal the subsection, substitute:

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

                     (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.

650  Subsection 17(5)

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

651  Subsection 17(5)

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

652  Subsection 17(6)

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

653  Subsection 17B(1)

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

654  Section 18

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

National Museum of Australia Act 1980

655  Subsection 26(1)

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

656  Subsection 30(1)

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

657  Subsections 30(2), (3) and (4)

Repeal the subsections, substitute:

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

                     (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 31(1)

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

National Occupational Health and Safety Commission Act 1985

659  Subsection 12(1)

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

660  Subsection 32(1)

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

661  Subsection 53(1)

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

662  Subsection 53(2)

Repeal the subsection, substitute:

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

                     (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.

663  Subsection 54(1)

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

664  Subsection 54(1)

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

National Parks and Wildlife Conservation Act 1975

665  Subsection 26(1)

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

666  Subsection 34(1)

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

667  Subsections 34(2) and (3)

Repeal the subsections, substitute:

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

                     (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.

668  Subsection 36(2)

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

669  Subsection 36(2)

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

National Roads Act 1974

670  Subsection 15(1)

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

National Road Transport Commission Act 1991

671  Subsection 29(1)

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

672  Section 31

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

673  Subsection 31(2)

Repeal the subsection, substitute:

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

                     (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.

674  Paragraph 33(1)(a)

Repeal the paragraph, substitute:

                     (a)  persons engaged under the Public Service Act 1999, and officers and employees of authorities of the Commonwealth, whose services are made available to the Commission in connection with the performance or exercise of any of its functions or powers; and

National Transmission Network Sale Act 1998

675  Paragraph 23(1)(b)

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

Native Title Act 1993

676  Subsection 102(1)

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

677  Subsection 117(1)

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

678  Subsection 130(3)

Repeal the subsection, substitute:

Employment etc. under Public Service Act

             (3)  The Deputy Registrars and the staff of the Tribunal are to be persons engaged under the Public Service Act 1999.

679  Subsection 130(4)

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

680  Subsection 130(4)

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

681  Section 131

Repeal the section, substitute:

131  Statutory Agency etc. for purposes of Public Service Act

                   For the purposes of the Public Service Act 1999:

                     (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.

682  Subsection 183(7)

Omit “Public Service Act 1997”, substitute “Public Service Act 1999”.

Natural Heritage Trust of Australia Act 1997

683  Paragraph 45(1)(c)

Repeal the paragraph, substitute:

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

684  Paragraph 46(1)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee or acting SES employee (whether or not in the Department of Primary Industries and Energy);

685  Section 54 (definition of Senior Executive Service office)

Repeal the definition.

Natural Resources Management (Financial Assistance) Act 1992

686  Subsection 4(1) (definition of officer)

Repeal the definition, substitute:

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

Naval Defence Act 1910

687  Section 40 (definition of industrial award)

Repeal the definition, substitute:

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

688  Section 42

Omit all the words after “the Navy”.

689  Subsection 42C(1)

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

690  Subsection 42C(2)

Omit “Section 64 of the Public Service Act 1922”, substitute “Section 75 of the Public Service Act 1999”.

691  Subsection 42C(2)

Omit “officer”, substitute “APS employee”.

Norfolk Island Act 1979

692  Paragraph 13(4)(a)

Repeal the paragraph, substitute:

                     (a)  is an APS employee; or

Nuclear Non‑Proliferation (Safeguards) Act 1987

693  Subsection 4(1) (paragraph (a) of the definition of Commonwealth officer)

Repeal the paragraph, substitute:

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

694  Subsection 46(1)

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

695  Section 55

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

Occupational Health and Safety (Commonwealth Employment) Act 1991

696  Subsection 5(1) (paragraph (a) of the definition of Department)

Repeal the paragraph, substitute:

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

697  Subsection 5(1) (paragraph (a) of the definition of Secretary)

Repeal the paragraph, substitute:

                     (a)  in the case of a Department to which paragraph (a) of the definition of Department applies—the Agency Head (within the meaning of the Public Service Act 1999); or

698  Section 51

Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.

699  Subsection 80(1)

Omit “employed under the Public Service Act 1922, the purposes of Division 6 of Part III of that Act,”, substitute “appointed or engaged under the Public Service Act 1999”.

700  Subsection 80(2)

After “office”, insert “or position”.

701  Subsection 80(2)

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

Occupational Health and Safety (Maritime Industry) Act 1993

702  Subsection 106(3)

Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.

Office of National Assessments Act 1977

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

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

704  Paragraph 6(2)(d)

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

705  Paragraph 7(2)(a)

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

706  Subsection 13(1)

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

707  Paragraph 17(1)(a)

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

708  Subsections 17(2) and (3)

Repeal the subsections, substitute:

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

                     (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.

709  Subsection 17(4)

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

710  Subsection 17(4)

Omit “appointed or employed under the Public Service Act 1922 in the Department”, substitute “engaged under that Act in the Agency”.

Ombudsman Act 1976

711  Subsection 3(1) (definition of Department)

Omit “Department of the Australian Public Service referred to in paragraph (a) of the definition of Department in subsection 7(1) of the Public Service Act 1922”, substitute “Department within the meaning of the Public Service Act 1999”.

712  Subsection 3(1) (definition of Secretary)

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

713  Paragraph 5(2)(g)

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

714  Subsections 6(9), (10) and (11)

Repeal the subsections, substitute:

             (9)  If the Ombudsman forms the opinion:

                     (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.

715  Subsection 25(1)

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

716  Subsection 31(1)

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

717  Subsections 31(2) and (3)

Repeal the subsections, substitute:

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

                     (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

718  Section 3 (definition of officer)

Repeal the definition.

719  Subsection 5(1)

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

720  Paragraph 10(b)

Repeal the paragraph, substitute:

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

Ozone Protection Act 1989

721  Paragraph 49(1)(a)

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

722  After paragraph 49(1)(a)

Insert:

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

723  Section 67A

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

Parliamentary Contributory Superannuation Act 1948

724  Subsection 21B(1) (paragraph (d) of the definition of holder of an office of profit under the Commonwealth)

Repeal the paragraph, substitute:

                     (d)  the holder of an office of Secretary within the meaning of the Public Service Act 1999; or

Parliamentary Counsel Act 1970

725  Subsection 7(1)

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

726  Subsection 16(1)

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

727  Subsections 16(2) and (3)

Repeal the subsections, substitute:

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

                     (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

728  Section 200A

Repeal the section, substitute:

200A  Designated Manager

                   For the purposes of this Act, a person is the Designated Manager if the person occupies, or is acting in, a position that:

                     (a)  is usually occupied by an SES employee; and

                     (b)  has been declared by the Secretary to the Department, in writing, to be the position of Designated Manager.

729  Schedule 1 (paragraph (a) of the definition of employee)

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

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

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

Petroleum Excise (Prices) Act 1987

731  Subsection 4(2)

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

Petroleum Resource Rent Tax Assessment Act 1987

732  Section 2 (definition of officer)

Repeal the definition, substitute:

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

Plant Breeder’s Rights Act 1994

733  Subsections 59(1) and (2)

Omit “another officer of the Department within the Senior Executive Service”, substitute “an SES employee, or acting SES employee, in the Department”.

Pooled Development Funds Act 1992

734  Section 68

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

Prawn Export Promotion Act 1995

735  Paragraph 24(b)

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

Prices Surveillance Act 1983

736  Subsection 43(4) (at the end of paragraph (a) of the definition of prescribed person)

Add:

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

Primary Industries Levies and Charges Collection Act 1991

737  Paragraph 26(b)

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

Privacy Act 1988

738  Subsection 6(1) (paragraph (a) of the definition of Commonwealth officer)

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

739  Subsection 6(1) (definition of Department)

Repeal the definition, substitute:

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

740  Subsection 6(1) (definition of Secretary)

Repeal the definition, substitute:

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

741  Subsection 22(1)

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

742  Subsections 26A(1) and (2)

Repeal the subsections, substitute:

             (1)  The staff necessary to assist the Commissioner must be persons appointed or employed 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.

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

Repeal the definition.

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

Repeal the definition.

745  Paragraph 50(2)(b)

Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.

746  Subsection 50(2)

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

747  Paragraph 50(3)(b)

Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.

Proceeds of Crime Act 1987

748  Subsection 4(1) (definition of prescribed officer)

Repeal the definition, substitute:

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

Productivity Commission Act 1998

749  Subsection 29(1)

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

750  Subsection 44(1)

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

751  Subsection 44(2)

Repeal the subsection, substitute:

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

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

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

Protection of Movable Cultural Heritage Act 1986

752  Paragraph 24(1)(b)

Repeal the paragraph, substitute:

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

Public Lending Right Act 1985

753  Section 18

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

Public Service Act 1922

754  The whole of the Act

Repeal the Act.

Qantas Sale Act 1992

755  Subsection 11(1)

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

756  Subsection 11(2)

Repeal the subsection.

757  Paragraphs 20(1)(d) and (e)

Repeal the paragraphs, substitute:

                     (e)  the Public Service Act 1999;

758  Subsection 31(3) (paragraph (b) of the definition of authorised person)

Repeal the paragraph, substitute:

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

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

Repeal the paragraph, substitute:

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

Racial Discrimination Act 1975

760  Subsection 32(1)

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

Radiocommunications Act 1992

761  Section 5 (paragraph (a) of the definition of Department)

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

762  Subsection 204(1)

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

763  Subsection 248(1)

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

Referendum (Machinery Provisions) Act 1984

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

Omit “in the Australian Public Service or”.

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

Insert:

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

766  Paragraph 11(4)(c)

Omit “officers or employees within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.

767  Subsection 95B(1)

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

768  Subsection 95B(7)

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

Registration of Deaths Abroad Act 1984

769  Subsection 5(2)

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

770  Subsection 6(1)

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

771  Paragraph 26(1)(a)

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

Remuneration and Allowances Act 1990

772  After section 8

Insert:

8A  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (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.

773  Clause 7 of Schedule 1

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

774  Clause 5 of Schedule 2

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

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

Repeal the subclauses, substitute:

             (2)  The Members of Parliament annual salary is equal to:

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

                     (b)  if the regulations prescribe a percentage (not more than 100%) of a reference salary—that percentage of the reference salary.

             (3)  Before the Governor-General makes a regulation for the purposes of paragraph (2)(b), the Minister must consider advice from the Remuneration Tribunal about the proposed regulation.

             (4)  In this clause:

principal executive classification means a classification determined by the Remuneration Tribunal under subsection 5(2A) of the Remuneration Tribunal Act 1973.

reference salary means:

                     (a)  the annual salary applicable to an office under a determination of the Remuneration Tribunal; or

                     (b)  the annual salary identified (for the purposes of this clause) as the reference salary for a principal executive classification, in a determination of the Remuneration Tribunal under subsection 5(2A) of the Remuneration Tribunal Act 1973.

Remuneration Tribunal Act 1973

776  Part II (heading)

Repeal the heading, substitute:

Part IIRemuneration etc. for certain offices and appointments

Division 1Preliminary

777  After section 3

Insert:

Division 2Determinations and reports by the Remuneration Tribunal

778  Subsection 5(2)

Repeal the subsection, substitute:

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

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

                     (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, for the purposes of the Public Service Act 1999, in relation to terms and conditions (including remuneration and allowances) for the following offices:

                     (a)  the office of Public Service Commissioner;

                     (b)  the office of Merit Protection Commissioner;

                     (c)  offices of Secretary;

                     (d)  offices of Heads of Executive Agencies.

          (2C)  An additional function of the Tribunal is to provide advice for the purposes of subclause 1(3) of Schedule 3 to the Remuneration and Allowances Act 1990.

          (2D)  An additional function of the Tribunal is to provide advice, for the purposes of the Parliamentary Service Act 1999, in relation to terms and conditions (including remuneration and allowances) for the following offices:

                     (a)  the office of Parliamentary Service Commissioner;

                     (b)  the office of Parliamentary Service Merit Protection Commissioner;

                     (c)  offices of Secretary.

779  Subsection 5(3)

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

780  Subsection 7(3)

Omit “the holders of offices referred to in paragraph (a) of the definition of office of Secretary in subsection 7(1) of the Public Service Act 1922 and to”.

781  At the end of Part II

Add:

Division 3Determinations 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

782  Subsection 3(1) (definition of employee)

Repeal the definition.

783  Subsection 3(1) (definition of officer)

Repeal the definition.

784  Subsection 3(1) (definition of the Service)

Repeal the definition, substitute:

the Service means the APS within the meaning of the Public Service Act 1999.

785  Subsection 4(2)

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

786  Paragraph 13(1)(b)

After “office”, insert “or position”.

787  Section 16

Omit all the words after “under”, substitute “subsection 16(4) or 17(2) of the Long Service Leave (Commonwealth Employees) Act 1976 in respect of resignation from the Service”.

788  Section 17

Repeal the section.

Reserve Bank Act 1959

789  Subsection 14(2)

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

790  Subsection 14(3)

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

791  Subsection 14(4)

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

792  Subsection 14(5)

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

793  At the end of section 14

Add:

             (6)  In this section:

official means:

                     (a)  an officer of the Bank; or

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

Resource Assessment Commission Act 1989

794  Subsection 49(1)

Omit “and section 87E of the Public Service Act 1922”.

Roads Grants Act 1974

795  Subsection 15(1)

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

Roads Grants Act 1980

796  Subsection 38(1)

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

Roads Grants Act 1981

797  Subsection 33(1)

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

Rural Adjustment Act 1992

798  Section 20C

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

799  Subsection 21A(2)

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

Rural Adjustment Amendment Act 1999

800  Subsection 2(2)

Omit “Public Service Act 1998”, substitute “Public Service Act 1999”.

Safety, Rehabilitation and Compensation Act 1988

801  Subsection 81(1)

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

802  Subsection 86(2)

Omit “an officer, within the meaning of the Public Service Act 1922, being the occupant for the time being of such office”, substitute “an APS employee who is performing the duties of such position”.

803  Paragraph 88(1)(a)

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

804  Subsection 88(2)

Repeal the subsection, substitute:

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

                     (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.

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

Repeal the definition, substitute:

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

806  Subsection 114A(2) (definition of Secretary)

Repeal the definition, substitute:

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

Science and Industry Research Act 1949

807  Subsection 10C(1)

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

Seafarers Rehabilitation and Compensation Act 1992

808  Subsection 125(1)

Repeal the subsection, substitute:

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

                     (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

809  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.

810  Subsection 15(1)

Repeal the subsection, substitute:

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

                     (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

811  Paragraph 74(1)(c)

Repeal the paragraph, substitute:

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

Sex Discrimination Act 1984

812  Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)

Repeal the paragraph, substitute:

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

813  Subsection 4(1) (definition of Department)

Omit “has the same meaning as that expression has in the Public Service Act 1922”, substitute “means an Agency within the meaning of the Public Service Act 1999”.

814  Subsection 99(1)

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

Shipping Registration Act 1981

815  Subsection 3(1) (definition of employee)

Repeal the definition.

816  Subsection 52(1)

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

817  Subsection 53(1)

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

Ships (Capital Grants) Act 1987

818  Subsection 36(1)

Omit “a person holding or performing the duties of a Senior Executive Service office within the meaning of the Public Service Act 1922, being an office”, substitute “an SES employee or acting SES employee”.

Snowy Mountains Engineering Corporation Limited Sale Act 1993

819  Subsection 35(3) (paragraph (b) of the definition of authorised person)

Repeal the paragraph, substitute:

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

820  Subsection 38(4) (paragraph (c) of the definition of authorised person)

Repeal the paragraph, substitute:

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

Snowy Mountains Hydro‑electric Power Act 1949

821  Subsection 11(1)

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

Social Security Act 1991

822  Subsection 1331(1)

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

823  Section 1341

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

Social Security (Administration) Act 1999

824  Subclause 14(1) of Schedule 3

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

825  Clause 24 of Schedule 3

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

Special Broadcasting Service Act 1991

826  Subsection 34(1)

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

827  Subsection 81(4)

Repeal the subsection.

Special Prosecutors Act 1982

828  Paragraph 18(a)

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

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

829  Paragraph 31(1)(c)

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

States Grants (Petroleum Products) Act 1965

830  Subsection 5(2)

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

831  Paragraph 5(3)(a)

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

832  Paragraph 5(3)(a)

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

833  Subsection 5(3A)

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

States Grants (Roads) Act 1977

834  Subsection 34(1)

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

States Grants (Schools Assistance) Act 1983

835  Subsection 76(1)

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

States Grants (Schools Assistance) Act 1984

836  Subsection 89(1)

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

Stevedoring Industry Charge Assessment Act 1947

837  Subsection 4(1) (definition of officer)

Repeal the definition, substitute:

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

Stevedoring Levy (Collection) Act 1998

838  Subsection 17(1)

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

839  Subsection 17(2)

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

840  Subsection 17(3)

Repeal the subsection.

Student Assistance Act 1973

841  Subsection 3(1) (definition of employee)

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

Superannuation Act 1976

842  Subsection 3(1)

Insert:

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

843  Subsection 3(1)

Insert:

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

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

Repeal the definition, substitute:

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

                     (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.

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

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

846  Subsection 3(1) (definition of temporary employee)

Omit all the words from and including “means” to and including “but does not include:”, substitute “means a person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include:”.

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

Repeal the definition, substitute:

Department means:

                     (a)  an APS Agency; or

                     (b)  a Department of the Parliament.

848  Paragraph 14A(1)(a)

Repeal the paragraph, substitute:

                     (a)  is a person to whom Division 2 or 3 of the Public Service Act 1922 applied immediately before the time (the repeal time) when that Act was repealed and who:

                              (i)  during the transitional period (within the meaning of Part 3 of the Public Employment (Consequential and Transitional) Amendment Act 1999) continues in eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time); or

                             (ii)  after the end of that transitional period, continues in the same eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time) in which the person was engaged immediately before the end of that transitional period;

849  Paragraph 14A(1)(c)

Repeal the paragraph.

850  Paragraph 14A(1)(d)

Repeal the paragraph, substitute:

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

                              (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

851  Subsection 14A(1A)

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

852  Paragraph 14A(1A)(a)

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

853  Paragraph 14A(1A)(b)

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

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

Repeal the paragraphs, substitute:

                     (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.

855  Subsection 14A(2)

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

856  Subsection 14A(5)

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

857  Paragraph 14A(6)(a)

Repeal the paragraph, substitute:

                     (a)  a person who has ceased to be an eligible employee again becomes an eligible employee because of having been, or having been deemed to be, re‑appointed or re‑employed in circumstances similar to the circumstances referred to in subparagraph (1)(d)(i) or (ii); and

858  Subsection 14A(6)

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

859  Section 16A

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

860  Subsection 21(1)

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

861  Subsection 26(1)

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

862  Subsection 26(2)

Repeal the subsection, substitute:

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

                     (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.

863  Subparagraph 51(2)(f)(i)

Repeal the subparagraph, substitute:

                              (i)  in respect of a person employed in an APS Agency—the Agency Head of the Agency is satisfied that the engaging by the person in the other employment is in the interests of the Australian Public Service; or

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

Repeal the paragraphs, substitute:

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

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

865  Subsection 57B(2)

Omit “a person continues as an officer by virtue of a direction under subsection 37(6) of that Act”, substitute “a person is immediately engaged under section 53 of that Act”.

866  Subsection 57B(2)

Omit “at the same time as the person ceases to be an officer by virtue of the direction” (wherever occurring), substitute “at the same time as the engagement under that section ends”.

867  Subsection 57B(3)

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

868  Paragraph 58(3)(aa)

Repeal the paragraph, substitute:

                    (aa)  in the case of an SES employee—the person retires under section 37 of the Public Service Act;

869  Paragraph 58(3)(b)

Repeal the paragraph, substitute:

                     (b)  the person’s employment or appointment is terminated on a ground similar to a ground specified in section 76D, 76L or 76W of the Public Service Act 1922, as in force immediately before its repeal;

870  Paragraph 58(3)(e)

Repeal the paragraph.

871  Paragraph 58(3)(f)

Omit “Public Service Act”, substitute “Public Service Act 1922, in its continued application because of section 8 of the Public Employment (Consequential and Transitional) Amendment Act 1999”.

872  Paragraph 58(3)(g)

Repeal the paragraph.

873  Paragraph 58(3)(h)

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

874  Subparagraph 58A(1)(c)(i)

Repeal the subparagraph, substitute:

                              (i)  was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or

875  Subparagraph 58B(1)(c)(i)

Repeal the subparagraph, substitute:

                              (i)  was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or

876  Section 120

Repeal the section, substitute:

120  Persons to whom Part applies

                   This Part applies to a person if:

                     (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.

877  Subsection 125(3)

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

878  Subparagraph 159(1)(b)(i)

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

879  Subsection 160(8) (paragraph (a) of the definition of declared authority)

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

880  Paragraph 163A(1)(b)

Omit “an officer or employee of the Australian Public Service”, substitute “a Secretary within the meaning of the Public Service Act, or other person engaged under that Act,”.

881  Subsection 167(2) (definition of officer)

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

882  Section 244

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

Superannuation Act 1990

883  Section 3 (definition of permanent employee)

Repeal the definition, substitute:

permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include a person who is engaged or appointed for employment outside Australia only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition.

884  Section 3 (definition of temporary employee)

Omit all the words from and including “means” to and including “does not include”, substitute “means a person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include”.

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

Repeal the definition, substitute:

Department means:

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

                     (b)  a Department of the Parliament.

886  Paragraph 6(1)(h)

Repeal the paragraph, substitute:

                     (h)  a person to whom Division 2 or 3 of the Public Service Act 1922 applied immediately before the time (the repeal time) when that Act was repealed and who:

                              (i)  during the transitional period (within the meaning of Part 3 of the Public Employment (Consequential and Transitional) Amendment Act 1999) continues in eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time); or

                             (ii)  after the end of that transitional period, continues in the same eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time) in which the person was engaged immediately before the end of that transitional period;

887  Subparagraph 19(1)(b)(i)

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

888  Subsection 35(4) (subparagraph (a)(i) of the definition of declared authority)

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

889  Subparagraph 36(c)(i)

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

Superannuation Benefits (Supervisory Mechanisms) Act 1990

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

Omit “section 82AF of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.

891  Subsection 6(6) (definition of employer)

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

Superannuation Contributions Tax (Assessment and Collection) Act 1997

892  Subsection 32(1) (paragraph (b) of the definition of person to whom this section applies)

Repeal the paragraph, substitute:

                     (b)  a person engaged under the Public Service Act 1999 in the Agency (within the meaning of that Act) of which the Commissioner is the Agency Head; or

893  Section 36

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

894  Section 43 (definition of authorised officer)

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

Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997

895  Subsection 28(1) (paragraph (b) of the definition of person to whom this section applies)

Repeal the paragraph, substitute:

                     (b)  a person engaged under the Public Service Act 1999 in the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head; or

896  Section 29

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

897  Section 38 (definition of authorised officer)

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

Superannuation Guarantee (Administration) Act 1992

898  Subsection 5(5) (paragraph (c) of the definition of Commonwealth Department)

Repeal the paragraph, substitute:

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

899  Subsection 6(1) (definition of authorised officer)

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

900  Subsection 45(1) (paragraph (b) of the definition of person to whom this section applies)

Repeal the paragraph, substitute:

                     (b)  a person engaged under the Public Service Act 1999 in an Agency (within the meaning of that Act) of which the Commissioner is the Agency Head (within the meaning of that Act); or

Superannuation Industry (Supervision) Act 1993

901  Subsection 10(1) (paragraph (c) of the definition of taxation officer)

Repeal the paragraph, substitute:

                     (c)  a person engaged under the Public Service Act 1999, or an officer or employee of an authority of the Commonwealth, performing duties in the Australian Taxation Office; or

Superannuation (Productivity Benefit) Act 1988

902  Subsection 3(1) (definition of Department)

Repeal the definition, substitute:

Department means:

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

                     (b)  a Department of the Parliament.

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

Repeal the definition, substitute:

permanent employee means any person employed in a permanent capacity by the Commonwealth or by an approved authority.

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

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

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

Repeal the paragraph.

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

Repeal the paragraph, substitute:

                     (b)  a person employed by the Commonwealth; or

907  Subsection 3(1) (definition of temporary employee)

Repeal the definition, substitute:

temporary employee means any person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include a person who is engaged or appointed for employment outside Australia only.

Superannuation (Resolution of Complaints) Act 1993

908  Subsection 51(1)

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

909  Subsection 62(1)

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

Sydney Airport Demand Management Act 1997

910  Paragraph 71(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee in the Department;

Taxation Administration Act 1953

911  Section 2 (definition of officer)

Repeal the definition, substitute:

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

912  After section 4

Insert:

4A  Statutory Agency etc. for purposes of Public Service Act

             (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.

913  Subsection 5(3)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

914  Subsection 6(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

915  Subsection 13D(1) (paragraph (a) of the definition of officer)

Repeal the paragraph, substitute:

                     (a)  a person appointed or engaged under the Public Service Act 1999; or

Telecommunications Act 1997

916  Subsection 347(1)

Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.

917  Subsection 347(3) (definition of Senior Executive Service office)

Repeal the definition.

Telecommunications (Interception) Act 1979

918  Subsection 5(1) (subparagraph (b)(ii) of the definition of certifying officer)

Omit “a Senior Executive Service officer within the meaning of the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.

Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997

919  Paragraph 25(1)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee, or acting SES employee, in the Department;

920  Subsection 25(3)

Repeal the subsection.

921  Paragraph 35(1)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee, or acting SES employee, in the Department;

922  Subsection 35(3)

Repeal the subsection.

Telstra Corporation Act 1991

923  Section 3 (definition of Senior Executive Service office)

Repeal the definition.

924  Subsection 8AW(6) (paragraph (c) of the definition of associated person)

Repeal the paragraph, substitute:

                     (c)  a person appointed or engaged under the Public Service Act 1999; or

925  Paragraph 8BB(1)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee or acting SES employee whether or not in the Department;

926  Paragraph 8BB(2)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee or acting SES employee whether or not in the Department of Finance;

927  Paragraph 8CB(1)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee or acting SES employee whether or not in the Department;

928  Paragraph 8CB(2)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee or acting SES employee whether or not in the Department of Finance;

929  Paragraph 69(1)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee, or acting SES employee, in the Department;

930  Paragraph 70(1)(b)

Repeal the paragraph, substitute:

                     (b)  an SES employee, or acting SES employee, in the Department;

931  Subsection 71(1)

Omit “a person holding or performing the duties of a Senior Executive Service office in the Department”, substitute “an SES employee, or acting SES employee, in the Department”.

Termination Payments Tax (Assessment and Collection) Act 1997

932  Subsection 23(1) (paragraph (b) of the definition of person to whom this section applies)

Repeal the paragraph, substitute:

                     (b)  a person engaged under the Public Service Act 1999 in the Agency (within the meaning of that Act) of which the Commissioner is the Agency Head; or

933  Section 24

Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

934  Section 31 (definition of authorised officer)

Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.

Textile, Clothing and Footwear Strategic Investment Program Act 1999

935  Subsection 48(6) (paragraph (a) of the definition of senior officer)

Repeal the paragraph, substitute:

                     (a)  an SES employee, or acting SES employee, in the Department; or

Therapeutic Goods Act 1989

936  Subsection 6A(2)

Repeal the subsection, substitute:

             (2)  While an approval is in force for the purpose of subsection (1), section 57 has effect as if such a function or power were a function or power under this Act.

937  Paragraph 57(1)(b)

Omit “another Department or of”.

938  After paragraph 57(1)(b)

Insert:

                    (ba)  an APS employee in an Agency (within the meaning of the Public Service Act 1999) that has functions in relation to therapeutic goods; or

Tobacco Charges Assessment Act 1955

939  Subsection 4(1) (definition of officer)

Repeal the definition, substitute:

officer means a person appointed or engaged under the Public Service Act 1999.

Trade Marks Act 1995

940  Section 6 (definition of employee)

Repeal the definition, substitute:

employee means a person engaged under the Public Service Act 1999.

941  Section 6 (paragraph (a) of the definition of trade marks officer)

Repeal the paragraph.

942  Section 6 (paragraph (c) of the definition of trade marks officer)

Omit “(a) or”.

943  Subsection 206(1)

Omit all the words after “functions”, substitute “to a prescribed employee, or employees in a prescribed class, employed in the Trade Marks Office”.

Trade Practices Act 1974

944  Subsection 12(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

945  Subsection 27(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

946  Subsections 27(2) and (3)

Repeal the subsections, substitute:

             (2)  For the purposes of the Public Service Act 1999:

                     (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.

947  Subsection 29G(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

948  Subsection 29M(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

949  Subsection 29M(2)

Repeal the subsection, substitute:

             (2)  For the purposes of the Public Service Act 1999:

                     (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.

950  Subsection 44(3)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

951  Subsection 44A(1)

Omit “an officer or employee for the purposes of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

952  Section 65T

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.

953  Section 10.80

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

954  Subsection 170(2)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.

955  Subsection 170(2)

Omit “officer” (second and third occurring), substitute “public servant”.

Trade Representatives Act 1933

956  Section 4

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

957  Section 4

Omit “the Public Service Act 1922”, substitute “that Act”.

958  Subsection 10(2)

Omit “Commonwealth Public Service Act 1922‑1932 or of the Public Service Act 1922”, substitute “Public Service Act 1999”.

959  Paragraph 11(4)(a)

Omit “section 82D of the Public Service Act 1922”, substitute “section 24 of the Public Service Act 1999”.

960  Subsections 11C(1) and (2)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Transport (Planning and Research) Act 1974

961  Subsection 18(1)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Transport Planning and Research (Financial Assistance) Act 1977

962  Subsection 14(1)

Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

Veterans’ Entitlements Act 1986

963  Subsection 89(3)

Omit “employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

964  Subsection 162(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

965  Section 172

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

966  Section 184

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

967  At the end of paragraphs 184(a), (b) and (c)

Add “and”.

968  Paragraph 184(d)

Omit “President; and”, substitute “President.”.

969  Paragraph 184(e)

Repeal the paragraph.

970  Subsection 186(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

971  Paragraph 193(1)(b)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

972  Section 196

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

973  Section 196T

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

974  Section 196ZM

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

975  Paragraph 212(1)(a)

Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

976  Subsection 213(1)

Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

977  Subsection 214(1)

Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.

War Graves Act 1980

978  Subsection 7(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

Wet Tropics of Queensland World Heritage Area Conservation Act 1994

979  Paragraph 7(a)

Repeal the paragraph, substitute:

                     (a)  persons engaged under the Public Service Act 1999; or

Wildlife Protection (Regulation of Exports and Imports) Act 1982

980  Paragraph 18(2)(d)

Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

Williamstown Dockyard Employees Act 1987

981  Section 3 (paragraph (a) of the definition of relevant employee)

Repeal the paragraph, substitute:

                     (a)  a person appointed or engaged under the Public Service Act 1999; or

982  Section 3 (definition of the Service)

Repeal the definition, substitute:

the Service means the APS within the meaning of the Public Service Act 1999.

Wool Tax (Administration) Act 1964

983  Subsection 4(1) (definition of officer)

Repeal the definition, substitute:

officer means a person appointed or engaged under the Public Service Act 1999.

Workplace Relations Act 1996

984  Subsection 4(1) (paragraph (a) of the definition of public sector employment)

Omit “Public Service Act 1922”, substitute “Public Service Act 1999”.

985  Subsection 26(1)

Omit “Subject to section 87E of the Public Service Act 1922, a”, substitute “A”.

986  Subsection 72(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

987  Subsection 83(1)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

988  Subsection 83(2)

Repeal the subsection, substitute:

             (2)  For the purposes of the Public Service Act 1999:

                     (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.

989  Section 83BD

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

990  Subsection 83BL(1)

Omit “Subject to section 87E of the Public Service Act 1922, the”, substitute “The”.

991  Paragraph 84(2)(a)

Omit “appointed or employed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.

992  Subsection 84(3)

Omit “section 78 of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.

993  Subsection 170CD(1) (paragraph (a) of the definition of Commonwealth public sector employee)

Repeal the paragraph, substitute:

                     (a)  under the Public Service Act 1999; or

994  Section 170WK

Repeal the section, substitute:

170WK  AWAs with Commonwealth employees

                   An Agency Head (within the meaning of the Public Service Act 1999) may act on behalf of the Commonwealth in relation to AWAs with persons in the Agency who are engaged under the Public Service Act 1999.

Workplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999

995  Subsection 2(9)

Omit “item 964 of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999”, substitute “the item of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999 dealing with section 170WK of the Workplace Relations Act 1996”.

 

 

[Minister’s second reading speech made in—

House of Representatives on 30 March 1999

Senate on 14 October 1999]

 

 

(66/99)