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Administrative Arrangements Act 1987

Act No. 92 of 1987 as made
An Act to amend the Acts Interpretation Act 1901 and the Public Service Act 1922 in connection with certain administrative arrangements, and for related purposes
Administered by: Prime Minister and Cabinet
Date of Assent 18 Sep 1987
Date of repeal 22 Sep 2012
Repealed by Statute Law Revision Act 2012
 

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92, 1987

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART I-PRELIMINARY

Section

1. Short title

2. Commencement

PART II-AMENDMENT OF ACTS INTERPRETATION ACT 1901

3. Principal Act

4. Constitutional and official definitions

5. Insertion of new section:

19A. References to Ministers and Departments

6. Reference to Minister, Department etc. where no longer any such
Minister, or Department abolished etc.

7. Reference to Minister, Department etc. inconsistent with changed
administrative arrangements

8. References in agreements to a Department, Minister, officer or body

PART III-AMENDMENT OF PUBLIC SERVICE ACT 1922

9. Principal Act

10. Interpretation

11. Repeal of sections and substitution of new sections:

11. Public Service Commissioner

12. Remuneration

13. Leave of absence

14. Disclosure of interests

15. Annual report by Commissioner

16. Resignation

17. Suspension and removal

18. Delegation by Commissioner

18A. Acting Commissioner

18B. Staff

12. Powers of Commissioner

13. Repeal of section 19A

14. Records of officers

15. Repeal of section and substitution of new section:

22. Australian Public Service Management Advisory Board

16. Insertion of new section:

23. Joint Council

17. Regulations

18. Amendments relating to the Board and the new Departmental structure

19. References in instruments to Secretaries

PART IV-MODIFICATION OF ACTS

20. Regulations modifying Acts

SCHEDULE

AMENDMENT OF PUBLIC SERVICE ACT 1922 RELATING TO THE BOARD AND THE NEW
DEPARTMENTAL STRUCTURE

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - LONG TITLE

An Act to amend the Acts Interpretation Act 1901 and the
Public Service Act 1922 in connection with certain
administrative arrangements, and for related purposes

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - PART I
PART I-PRELIMINARY

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 1
Short title

(Assented to 18 September 1987) 1. This Act may be cited as the Administrative Arrangements Act 1987. (Minister's second reading speech made in-
Senate on 15 September 1987
House of Representatives on 17 September 1987)

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 2
Commencement

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

(2) Part II shall be deemed to have come into operation on 24 July 1987.

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - PART II
PART II-AMENDMENT OF ACTS INTERPRETATION ACT 1901

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 3
Principle Act

3. In this Part the Acts Interpretation Act 1901*1* is referred to as the Principal Act. *1* No. 2, 1901, as amended. For previous amendments, see No. 4, 1916; No. 8, 1918; No. 23, 1930; No. 24, 1932; No. 10, 1937; No. 7, 1941; No. 78, 1947; No. 79, 1948; No. 80, 1950; No. 69, 1957; No. 19, 1963; No. 52, 1964; No. 93, 1966; Nos. 79 and 216, 1973; No. 144, 1976; No. 35, 1978; No. 1, 1980; No. 61, 1981; Nos. 26 and 80, 1982; No. 39, 1983; Nos. 27 and 63, 1984 (as amended by No. 165, 1984); No. 72, 1984; and No. 193, 1985.

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 4
Constitutional and official definitions

4. Section 17 of the Prinicipal Act is amended by omitting paragraphs (i) and (ia).

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 5


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5. After section 19 of the Principal Act the following section is inserted:

References to Ministers and Departments
"19A. (1) Where a provision of an Act refers to a Minister, using the expression 'the Minister' without specifying which Minister is referred to, then, unless the contrary intention appears, the expression means:

(a) if, for the time being, different Ministers administer the provision in respect of different matters:

(i) if 2 or more Ministers administer the provision in respect of
the relevant matter - any one of those Ministers; or
(ii) if only one Minister administers the provision in respect of
the relevant matter - that Minister;
(b) if paragraph (a) does not apply and, for the time being, 2 or more Ministers administer the provision - any one of those Ministers; or
(c) if paragraphs (a) and (b) do not apply - the Minister for the time being administering the provision.

"(2) Where an Act refers to a Minister, specifying the Minister merely by reference to the fact that the Minister administers a specified Act or enactment, subsection (1) applies as if references in paragraphs (1)(a), (b) and (c) to the provision were references to the specified Act or enactment.

"(3) Where a provision of an Act refers to a Department, using the expression 'the Department' without specifying which Department is referred to, then, unless the contrary intention appears, the expression means:

(a) if, for the time being, different Ministers administer the provision in respect of different matters - the department of state of the Commonwealth that:

(i) deals with the relevant matter; and
(ii) is administered by the Minister or Ministers administering
the provision in respect of that matter; or
(b) in any other case - the Department of State of the Commonwealth that;
(i) deals with the matters to which the provision relates; and
(ii) is administered by the Minister or Ministers for the time
being administering the provision.

"(4) For avoidance of doubt, it is declared that where:

(a) a provision of an Act is administered by 2 or more Ministers; and
(b) by virtue of this section, the provision requires or permits anything to be done by or in relation to any one of those Ministers;
the provision shall not be taken to require or permit it to be done in any particular case by or in relation to more than one of those Ministers.".

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 6
Reference to Minister, Department etc. where no longer any such Minister,
or Department abolished etc.

6. Section 19B of the Principal Act is amended by omitting from paragraph (1) (c) "such Minister as is" (wherever occurring) and substituting "a Minister or Ministers".

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 7
Reference to Minister, Department etc. inconsistent with changed
administrative arrangements

7. Section 19BA of the Principal Act is amended by omitting from paragraph (1) (c) "such Minister as is" (wherever occurring) and substituting "a Minister or Ministers".

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 8
References in agreements to a Department, Minister, officer or body

8. Section 19C of the Principal Act is amended:

(a) by omitting from paragraph (a) "the Minister" (wherever occurring) and substituting "a Minister"; and
(b) by omitting subparagraph (c) (ii) and substituting the following subparagraph:

"(ii) an officer or body specified, by order, by a Minister
administering the new Department".

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - PART III
PART III-AMENDMENT OF PUBLIC SERVICE ACT 1922

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 9
Principal Act

9. In this Part the Public Service Act 1922*2* is referred to as the Principal Act. *2* No. 21, 1922, as amended. For previous amendments, see No. 46, 1924; No. 41, 1928; No. 19, 1930; No. 21, 1931; No. 72, 1932; No. 38, 1933; Nos. 45 and 46, 1934; No. 72, 1936; No. 41, 1937; No. 72, 1939; No. 88, 1940; No. 5, 1941; No. 19, 1943; Nos. 11, 29 and 43, 1945; No. 16, 1946; Nos. 1, 38, 52 and 84, 1947; Nos. 35 and 75, 1948; Nos. 51 and 80, 1950; Nos. 46 and 48, 1951; No. 22, 1953; No. 63, 1954; No. 18, 1955; Nos. 13 and 39, 1957; No. 11, 1958; Nos. 17 and 105, 1960; Nos. 2 and 75, 1964; Nos. 47 and 85, 1966; Nos. 2 and 115, 1967; Nos. 59, 114 and 120, 1968; No. 6, 1972; Nos. 21, 71, 73 and 209, 1973; No. 59, 1974; No. 40, 1975; Nos. 193 and 194, 1976; Nos. 6 and 80, 1977; Nos. 36 and 170, 1978; Nos. 52 and 155, 1979; No. 177, 1980 (as amended by No. 166, 1985); No. 61, 1981; Nos. 26 and 80, 1982; No. 111, 1982 (as amended by No. 39, 1983); Nos. 39, 56 and 92, 1983; No. 63, 1984 (as amended by No. 165, 1984); No. 165, 1984; Nos. 65, 166 and 187, 1985; Nos. 28, 29 and 76, 1986; and No. 153, 1986.

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 10

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Interpretation

10. Section 7 of the Principal Act is amended:

(a) by omitting "the Minister" from the definition of "The Minister" in subsection (1) and substituting "a Minister";
(b) by omitting from subsection (1) the definition of "The Board"; and
(c) by inserting in subsection (1) the following definition in its appropriate alphabetical position (determined on a letter-by-letter basis):
"'Commissioner' means the Public Service Commissioner;".

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 11

11. (1) Sections 11 to 17 (inclusive) of the Principal Act are repealed and the following sections are substituted:

Public Service Commissioner
"11. (1) There shall be a Public Service Commissioner.

"(2) The Commissioner shall be appointed by the Governor-General.

"(3) The Commissioner shall be appointed on a full-time basis for suchperiod, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

"(4) A person who has attained the age of 65 years shall not be appointed as the Commissioner and a person shall not be appointed as the Commissioner for a period that extends beyond the day on which the person will attain the age of 65 years.

"(5) The Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Prime Minister.

"(6) Where an officer is appointed as the Commissioner, the person shall be deemed, upon the appointment, to become an unattached Secretary.

Remuneration
"12. (1) The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but if no determination of that remuneration is in operation, the Commissioner shall be paid such remuneration as is prescribed.

"(2) The Commissioner shall be paid such allowances as are prescribed.

"(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Leave of Absence
"13. The Prime Minister may grant to the Commissioner leave of absence from duty on such terms and conditions as to remuneration or otherwise as the Prime Minister determines.

Disclosure of interests
"14. The Commissioner shall give the Prime Minister written notice of all direct or indirect pecuniary interests that the Commissioner has or acquires in any business whether in Australia or elsewhere or in any body corporate carrying on such business.

Annual report by Commissioner
"15. The Commissioner shall, as soon as practicable after 30 June in each financial year, prepare and furnish to the Prime Minister a report in relation to the activities of the Commissioner during that year.

Resignation
"16. The Commissioner may resign by giving the Governor-General a signed notice of resignation.

Suspension and removal
"17. (1) The Governor-General may remove the Commissioner from office on an address praying for the Commissioner's removal on the ground of misbehaviour or physical or mental incapacity being presented to the Governor-General by each House of the Parliament in the same session of the Parliament.

"(2) The Governor-General may suspend the Commissioner from office on the ground of misbehaviour or physical or mental incapacity.

"(3) Where the Governor-General suspends the Commissioner from office, the Prime Minister shall cause a statement of the grounds of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension.

"(4) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Commissioner should be removed from office and, if each House so passes such a resolution, the Governor-General shall remove the Commissioner from office.

"(5) If, at the expiration of 15 sitting days of a House of Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the suspension terminates.

"(6) The suspension of the Commissioner from office under this section does not affect any entitlement of the Commissioner to be paid remuneration and allowances.

"(7) If the Commissioner becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or assigns remuneration for their benefit, the Governor-General shall remove the Commissioner from office.

"(8) If the Commissioner is absent from duty, except on leave granted by the Prime Minister under section 13, for 14 consecutive days or for 28 days in any 12 months, the Governor-General may remove the Commissioner from office.

"(9) The Commissioner shall not be removed or suspended from office except as provided by this section.

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Delegation by Commissioner
"18. (1) The Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Commissioner, delegate to a person (not being a person engaged as a consultant under section 4 of the Members of Parliament (Staff) Act 1984) any of the Commissioner's powers or functions under this Act or under any other law, other than this power of delegation.

"(2) Without limiting the generality of subsection (1), the reference in that subsection to the powers of the Commissioner under this Act shall be read as including a reference to the powers of the Commissioner under section 82D.

"(3) Where the Commissioner delegates a power or function to a Secretary, the Secretary may, unless the instrument of delegation prohibits it, sub-delegate the power or function, by instrument in writing signed by the Secretary, to a person other than a person engaged as a consultant under section 4 of the Members of Parliament (Staff) Act 1984.

"(4) A power or function delegated under subsection (1) or sub-delegated under subsection (3), when exercised or performed by the delegate or sub-delegate, shall, for all purposes, be deemed to have been exercised or performed by the Commissioner.

"(5) A delegation of a power or function under subsection (1):
(a) may be absolute or conditional;
(b) does not prevent the exercise of the power or the performance of the function by the Commissioner;
(c) subject to paragraph (d), continues in force notwithstanding that the person who gave the delegation has ceased to be Commissioner; and
(d) may be revoked by instrument in writing signed by the Commissioner for the time being.

"(6) A sub-delegation of a power or function under subsection (3) by the Secretary of a Department:
(a) may be absolute or conditional;
(b) does not prevent the exercise of the power or the performance of the function by the Commissioner or by the Secretary;
(c) subject to paragraph (d), continues in force notwithstanding that:
(i) the person who gave the delegation has ceased to be Commissioner; or
(ii) the person who gave the sub-delegation has ceased to be Secretary of
the Department; and
(d) may be revoked by instrument in writing signed by the Secretary of the Department for the time being.

"(7) Where:
(a) the exercise of a power or the performance of a function by the Commissioner is dependent upon the opinion, belief or state of mind of the Commissioner in relation to a matter; and
(b) the power or function has been delegated or sub-delegated under this section; the power or function may be exercised or performed by the delegate or sub-delegate upon the opinion, belief or state of mind of the delegate or sub-delegate, as the case may be, in relation to the matter.

"(8) Where the Commissioner has delegated a power or function under subsection (1):
(a) the Commissioner may give directions to the delegate with respect of the exercise of the power or the performance of the function; and
(b) if the delegate has sub-delegated the power or function under subsection (3), the delegate:
(i) shall, if the Commissioner has given a direction to the delegate
under paragraph (a) with respect to the exercise of the power or the performance of the function, give a corresponding direction to the sub-delegate; and
(ii) may, subject to any direction given to the delegate by the
Commissioner under paragraph (a), give directions to the sub-delegate with respect to the exercise of the power or the performance of the function.

Acting Commissioner
"18A. (1) The Prime Minister may appoint a person to act as Commissioner:
(a) during a vacancy in the office of Commissioner; or
(b) during any period, or during all periods, when the Commissioner is absent from Australia or is, for any reason, unable to perform the duties of the office of Commissioner.

"(2) An appointment to act as Commissioner may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

"(3) A person appointed under subsection (1) to act during a vacancy in the office of Commissioner shall not continue so to act for more than 12 months.

"(4) Where a person is acting as Commissioner otherwise than by reason of a vacancy in the office of Commissioner and the office becomes vacant while the person is so acting, then, subject to subsection (2), the person may continue so to act until the Prime Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurs expires, whichever first occurs.

"(5) While a person is acting as Commissioner, that person may exercise all the powers, and shall perform all the functions, of the Commissioner.

"(6) The Prime Minister may:

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(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as Commissioner; and
(b) terminate such an appointment at any time.

"(7) A person appointed to act as Commissioner may resign by giving the Prime Minister a signed notice of resignation.

"(8) Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the ground that:
(a) the occasion for the person's appointment had not arisen;
(b) there is a defect or irregularity in connection with the person's appointment;
(c) the person's appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.

Staff
"18B. (1) The staff required to assist the Commissioner in the exercise of the Commissioner's powers, and the performance of the Commissioner's functions, shall be persons appointed or employed under this Act.

"(2) The Commissioner has all the powers of a Secretary under this Act so far as those powers relate to the branch of the Australian Public Service comprising the staff referred to in subsection (1), as if that branch were a separate Department of the Australian Public Service.".

(2) A delegation by the Board under subsection 16 (1) of the Principal Act that was in force immediately before commencement continues in force, on and after commencement, as if it were given by the Commissioner under subsection 18 (1) of the amended Act.

(3) A sub-delegation by a Secretary under subsection 16 (1A) of the Principal Act that was in force immediately before commencement continues in force, on and after commencement, as if it were given by the Secretary under subsection 18 (3) of the amended Act.

(4) A delegation or sub-delegation continued in force by subsection (2) or (3) continues in force subject to the provisions of the amended Act.

(5) An instrument (other than a delegation) that was made by the Board and was in force immediately before commencement continues in force, on and after commencement, as if it were made by the Commissioner.

(6) Without limiting the generality of subsection (5), a reference in that subsection to an instrument includes a reference to a determination under section 82D of the Principal Act.

(7) A reference in any Act, in any instrument under an Act or in any award or other industrial determination or order to the Board shall, except in relation to matters that occurred before commencement, be construed as a reference to the Commissioner.

(8) Subject to subsection (9), a person who was, on 23 July 1987, a member of the Board shall be deemed to have become an unattached Secretary on 24 July 1987.

(9) Subsection (8) does not apply to a person who was already an unattached Secretary on 23 July 1987.

(10) Where, immediately before commencement, an office was in the branch of the Australian Public Service that was under the direct control of the Head of the Board, the office, on and after commencement, continues in existence, subject to the amended Act, as an office in the branch of the Australian Public Service referred to in subsection 18B (2) of the amended Act.

(11) In this section:
"amended Act" means the Principal Act as amended by this Act and as in force at any time after commencement;
"commencement" means the commencement of this section.

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 12
Powers of Commissioner

12. Section 19 of the Principal Act is amended:
(a) by omitting from subsection (1) "Board" (wherever occurring) and substituting "Commissioner";
(b) by omitting from paragraph (1) (a) "its duties" and substituting "the Commissioner's functions"; and
(c) by omitting from subsection (3) "$40" and substituting "$1,000 or imprisonment for 6 months, or both".

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 13
Repeal of section 19A

13. Section 19A of the Principal Act is repealed.

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 14
Records of officers

14. Section 21 of the Principal Act is amended by omitting from subsection (1) "Board" and substituting "Commissioner".

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 15

15. Section 22 of the Principal Act is repealed and the following section is substituted:

Australian Public Service Management Advisory Board
"22. (1) There is hereby established a body to be known as the Australian Public Service Management Advisory Board.

"(2) The functions of the Board are:
(a) to advise the Commonwealth Government on significant issues relating to the management of the Australian Public Service; and

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(b) to be a forum for consideration of major management activities affecting the Australian Public Service as a whole.

"(3) The Board shall consist of the following members:
(a) the Secretary to the Department of the Prime Minister and Cabinet;
(b) the Commissioner;
(c) the Secretary to the Department of Industrial Relations;
(d) the Secretary to the Department of Finance;
(e) such other Secretaries as are nominated, in writing, by the Prime Minister;
(f) at least 2 other persons nominated, in writing, by the Prime Minister.

"(4) One of the members of the Board nominated under paragraph (3) (f) shall be nominated after consultation between the Prime Minister and the Australian Council of Trade Unions.

"(5) One of the members nominated under paragraph (3) (f) shall be a person who has management expertise in the private sector.

"(6) The Secretary to the Department of the Prime Minister and Cabinet shall be the Chairperson of the Board.".

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 16

16. After section 22C of the Principal Act the following section is inserted in Part IIA:

Joint Council
"23. (1) The regulations may make provision for the establishment of a Joint Council.

"(2) The Joint Council shall be representative of the Commissioner and of Departments and of organisations of officers or employees and shall be constituted in such manner as is prescribed.

"(3) The Joint Council shall have such functions in relation to the Service as are prescribed.".

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 17
Regulations

17. (1) Section 97 of the Principal Act is amended:
(a) by omitting from subsection (1) all the words from and including "The Board" to and including "namely:-" and substituting the following:
"The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters:
(aa) required or permitted by this Act to be prescribed; or
(ab) necessary or convenient to be prescribed for carrying out or giving
effect to this Act;
and in particular for the following:";
(b) by omitting from paragraph (1) (q) "Board" and substituting "Commissioner";
(c) by omitting from paragraph (1) (r) "Board" and substituting "Commissioner"; and
(d) by omitting subsection (2).

(2) All regulations in force under the Principal Act immediately before commencement continue in force on and after that date except in so far as they are inconsistent with the amended Act, but any such regulations may be amended or repealed by regulations made under the amended Act.

(3) In this section:
"amended Act" means the Principal Act as amended by this Act and as in force at any time after commencement;
"commencement" means the commencement of this section.

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 18
Amendments relating to the Board and the new Departmental structure

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

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 19
References in instruments to Secretaries

19. (1) The Secretary of a Department may, by written notice published in the Gazette, declare that references to the Secretary in a relevant instrument are to be, or are to include, references to:
(a) an unattached Secretary; or
(b) a Senior Executive Service officer; in the Department who is specified in the notice.

(2) Where a Secretary makes a declaration under subsection (1) in relation to a relevant instrument, references to the Secretary in that instrument shall, as from the day of publication of the declaration in the Gazette or such later day as is specified in the declaration, be read as or include, as the case requires, references to the specified unattached Secretary or Senior Executive Service officer, as the case requires.

(3) In this section:
"instrument" means:
(a) an Act;
(b) an instrument (including rules, regulations or by-laws) made, granted
or issued under an Act;
(c) an award or other industrial determination or order;
(d) an industrial agreement;
(e) a contract;
(f) a pleading in, or process issued in connection with, any legal or

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other proceeding; or
(g) any other instrument;
"relevant instrument" means an instrument that was in force immediately before the commencement of this section and includes:
(a) a provision of such an instrument; and
(b) a class of such instruments.

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - PART IV
PART IV-MODIFICATION OF ACTS

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SECT 20
Regulations modifying Acts

20. (1) The Governor-General may make regulations making such modifications of an Act as are necessary or convenient to be made in consequence of:
(a) a Minister administering 2 or more Departments; or
(b) a Department being administered by 2 or more Ministers.

(2) This section ceases to have effect at the end of one year after its commencement.

(3) In this section, "modifications" includes additions, omissions and substitutions.

ADMINISTRATIVE ARRANGEMENTS ACT 1987 No. 92 of 1987 - SCHEDULE

SCHEDULE

Section 18
AMENDMENT OF PUBLIC SERVICE ACT 1922 RELATING TO THE BOARD AND THE NEW
DEPARTMENTAL STRUCTURE
Subsection 25 (4):
Omit "Head of the Public Service Board of the Board, the".

Subsections 36 (3) and (4):
Omit the subsections, substitute the following subsections:
"(3) The Prime Minister shall not recommend, for the purposes of subsection
(2), that a person be appointed under subsection (1) to an office of Secretary
unless the Prime Minister has received a written report in relation to the
filling of the vacancy or expected vacancy from:
(a) in the case of the office of Secretary to the Department of the Prime
Minister and Cabinet-the Commissioner; and
(b) in any other case-the Secretary to the Department of the Prime Minister
and Cabinet.

"(4) A report under subsection (3) in relation to an appointment of a person
as Secretary of a Department shall be disregarded for the purposes of that
subsection unless the person preparing the report has, before preparing the
report, consulted with the person who is the Minister administering that
Department at the time when the appointment is made.".

Subsection 37 (12):
Omit the subsection, substitute the following subsection:
"(12) The Prime Minister shall not recommend, for the purposes of subsection
(11), the taking of an action under this section unless the Prime Minister has
received a written report in relation to the taking of the action from:
(a) in the case of action in relation to the office of Secretary to the
Department of the Prime Minister and Cabinet-the Commissioner; and
(b) in any other case-the Secretary to the Department of the Prime Minister
and Cabinet.".

Subsection 76E (3):
Omit the subsection, substitute the following subsection:
"(3) The Prime Minister shall not recommend, for the purposes of subsection
(2), that an appointment to an office of Secretary be terminated unless the
Prime Minister has received a written report in relation to the termination
from:
(a) in the case of the office of Secretary to the Department of the Prime
Minister and Cabinet-the Commissioner; and
(b) in any other case-the Secretary to the Department of the Prime Minister
and Cabinet.".

Subsection 87B (1A):
Omit "The Board shall not make a regulation", substitute "Regulations shall
not be made".

Subsection 87B (2):
Omit "The Board shall not make a regulation", substitute "Regulations shall
not be made".

Schedules 2 and 3:
Omit the Schedules, substitute the following Schedules:
"SCHEDULE 2
Sections 7 and 10
DEPARTMENTS
The Department of the Senate
The Department of the House of Representatives
The Department of the Parliamentary Library
The Department of the Parliamentary Reporting Staff
The Joint House Department
The Department of Aboriginal Affairs
The Department of Administrative Services
The Department of the Arts, Sport, the Environment, Tourism and Territories
The Attorney-General's Department
The Department of Community Services and Health
The Department of Defence
The Department of Employment, Education and Training
The Department of Finance
The Department of Foreign Affairs and Trade
The Department of Immigration, Local Government and Ethnic Affairs
The Department of Industrial Relations
The Department of Industry, Technology and Commerce
The Department of Primary Industries and Energy
The Department of the Prime Minister and Cabinet
The Department of Social Security
The Department of Transport and Communications
The Department of the Treasury
The Department of Veterans'Affairs
SCHEDULE 3
Section 25
SECRETARIES OF DEPARTMENTS
The Clerk of the Senate
The Clerk of the House of Representatives
The Parliamentary Librarian
The Principal Parliamentary Reporter
The Secretary to the Joint House Department
The Secretary to the Department of Aboriginal Affairs
The Secretary to the Department of Administrative Services
The Secretary to the Department of the Arts, Sport, the Environment, Tourism
and Territories
The Secretary to the Attorney-General's Department
The Secretary to the Department of Community Services and Health
The Secretary to the Department of Defence
The Secretary to the Department of Employment, Education and Training
The Secretary to the Department of Finance
The Secretary to the Department of Foreign Affairs and Trade
The Secretary to the Department of Immigration, Local Government and Ethnic
Affairs
The Secretary to the Department of Industrial Relations
The Secretary to the Department of Industry, Technology and Commerce
The Secretary to the Department of Primary Industries and Energy
The Secretary to the Department of the Prime Minister and Cabinet
The Secretary to the Department of Social Security
The Secretary to the Department of Transport and Communications
The Secretary to the Department of the Treasury
The Secretary to the Department of Veterans' Affairs