Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Intelligence Services Act 2001 and the Work Health and Safety Act 2011, and for related purposes
Administered by: Foreign Affairs and Trade
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 15 Mar 2013
Introduced HR 13 Mar 2013
Table of contents.

2010‑2011‑2012‑2013

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Foreign Affairs Portfolio Miscellaneous Measures Bill 2013

 

No.      , 2013

 

(Foreign Affairs)

 

 

 

A Bill for an Act to amend the Intelligence Services Act 2001 and the Work Health and Safety Act 2011, and for related purposes

  

  


Contents

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

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Intelligence Services Act 2001                                                                                  3

Work Health and Safety Act 2011                                                                            3

 


A Bill for an Act to amend the Intelligence Services Act 2001 and the Work Health and Safety Act 2011, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Foreign Affairs Portfolio Miscellaneous Measures Act 2013.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Intelligence Services Act 2001

1  Section 3

Insert:

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

2  After section 36

Insert:

36A  Voluntary moves to APS

             (1)  Section 26 of the Public Service Act 1999 applies in relation to an employee of ASIS as if the employee were an APS employee and ASIS were an APS Agency.

             (2)  An employee of ASIS who moves to an APS Agency under that section is entitled to have his or her employment, as an employee of ASIS, treated as if it were:

                     (a)  employment as an APS employee; and

                     (b)  at a corresponding classification, as agreed between the Director‑General and the Public Service Commissioner.

Work Health and Safety Act 2011

3  After subsection 12C(2)

Insert:

          (2A)  Without limiting the generality of subsection (1), the Director‑General of ASIS may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director‑General of ASIS.

4  Subsection 12C(3)

After “subsection (2)”, insert “or (2A)”.

5  At the end of section 12C

Add:

             (5)  In administering the Australian Secret Intelligence Service and in the exercise of the power under subsection (2A), the Director‑General of ASIS must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of national security.

6  Paragraph 273B(2)(a)

After “section 12C(2)”, insert “or (2A)”.