{"id":"F2015L00979","name":"Determination under subsection 24(3)— Non-SES employees in the Marine Unit to be moved to the Department of Immigration and Border Protection by determination under paragraph 72(1)(a) of the Public Service Act 1999 on 1 July 2015","slug":"determination-under-subsection-24-3-non-ses-employees-in-the-marine-unit-to-be-moved-to-the-departme","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128888,"registerId":"commonwealth-F2015L00979-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Determination under subsection 24(3)— Non-SES employees in the Marine Unit to be moved to the Department of Immigration and Border Protection by determination under paragraph 72(1)(a) of the Public Service Act 1999 on 1 July 2015","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nDetermination under subsection 24(3)— Non‑SES employees in the Marine Unit to be moved to the Department of Immigration and Border Protection by determination under paragraph 72(1)(a) of the Public Service Act 1999 on 1 July 2015\n\nmade under subsection 24(3) of the\n\nPublic Service Act 1999\n\nCompilation No. 1\n\nCompilation date: 15 August 2018\n\nIncludes amendments up to: F2018L01117\n\nRegistered: 16 August 2018\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Determination under subsection 24(3)— Non-SES employees in the Marine Unit to be moved to the Department of Immigration and Border Protection by determination under paragraph 72(1)(a) of the Public Service Act 1999 on 1 July 2015 that shows the text of the law as amended and in force on 15 August 2018 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n1.  Application of Determination\n    1.  This Determination applies to an APS employee (other than a Senior Executive Service employee) who:\n\n(a) will be moved from the Australian Customs and Border Protection Service (Customs) to the Department of Immigration and Border Protection (Department) by determination in writing under section 72(1)(a) of the Public Service Act 1999 on 1 July 2015; and\n\n(b) is a Marine Unit employee (Moving Employee).\n\n1.2 This Determination also applies to an APS employee (other than a Senior Executive Service employee) who:\n\n(a) is not a Moving Employee; and\n\n(b) after 1 July 2015, becomes a Marine Unit employee, (New Employee).\n\n1.3 Moving Employees and New Employees are referred to collectively in this Determination as Employees.\n\n2. Period of operation\n\n2.1 This Determination takes effect on and from 1 July 2015.\n\n2.2 This Determination will continue to apply to Employees until:\n\n(a) it is replaced in its entirety by another determination made under subsection 24(3) of the Public Service Act 1999 that applies to the Employees; or\n\n(b) it is revoked.\n\n2.3 This clause has effect subject to clause 3.\n\n3. When the Determination ceases to apply to an employee\n\n3.1 This Determination ceases to apply to an Employee if:\n\n(a) an enterprise agreement or workplace determination that covers the Employees commences operation after the date on which this Determination takes effect; or\n\n(b) the Employee ceases to be a Marine Unit employee.\n\n4. Operation of other instruments\n\n4.1 If this Determination applies to employee they will not be covered by the following:\n\n(a) any enterprise agreement (except as provided in 5.1);\n\n(b) the Australian Public Service Enterprise Award 2015; or\n\n(c) any other fair work instrument or WR Act transitional instrument (as those terms are defined in the Public Service Act 1999) that would otherwise cover the Employee.\n\n5. Terms and conditions applying to employees\n\n5.1 The terms and conditions of employment (including remuneration) of:\n\n(a) a Moving Employee shall be the same as they would have been if the Moving Employee had not been moved from Customs to the Department with effect from 1 July 2015; and\n\n(b) a New Employee shall be the terms and conditions (including remuneration) contained in the Australian Customs and Border Protection Service Enterprise Agreement 2011‑2014 (Customs Agreement),\n\nexcept that any reference in the terms and conditions to Customs is substituted with a reference to the Department.\n\n5.2 It is not inconsistent with this Determination for an Agency Head to make a determination pursuant to section 24(1) of the Public Service Act 1999 supplementing the terms and conditions of employment that apply to an employee by operation of this Determination.\n\n6. Policies, guidelines and procedures that applied to the employee in Customs\n\n6.1 This clause 6 applies where the terms and conditions of employment preserved by operation of clause 5 refer to various policies, guidelines and procedures (however described) which applied to the Employees' employment in Customs. Any such policies, guidelines and procedures:\n\n(a) will continue to apply to the Employees in their current form, except to the extent that a policy, guideline or procedure is not capable of meaningful operation because of the movement of the Employees to the Department; and\n\n(b) do not form part of this Determination and this Determination prevails over any policies, guidelines or procedures to the extent of any inconsistency.\n\n7. INTERPRETATION\n\n7.1 In this Determination:\n\nMarine Unit employee means an employee in a sea‑going position who is assigned to perform duties as a member of a crew on a Customs and Border Protection Sea‑going Vessel and whose main role is to perform crewing, watch or enforcement functions on board that vessel.\n\n7.2 In this Determination, the terms used in provisions incorporated from the Customs Agreement are substituted as follows:  \n\n| Term in Customs Agreement                  | Substituted term       |\n| ------------------------------------------ | ---------------------- |\n| Agreement                                  | Determination          |\n| Chief Executive Officer or delegates (CEO) | Secretary or delegates |\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | Ord = Ordinance                     |\n| amdt = amendment                               | orig = original                     |\n| c = clause(s)                                  | par = paragraph(s)/subparagraph(s)  |\n| C[x] = Compilation No. x                       | /sub‑subparagraph(s)                |\n| Ch = Chapter(s)                                | pres = present                      |\n| def = definition(s)                            | prev = previous                     |\n| Dict = Dictionary                              | (prev…) = previously                |\n| disallowed = disallowed by Parliament          | Pt = Part(s)                        |\n| Div = Division(s)                              | r = regulation(s)/rule(s)           |\n| ed = editorial change                          | reloc = relocated                   |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered                  |\n| effect                                         | rep = repealed                      |\n| F = Federal Register of Legislation            | rs = repealed and substituted       |\n| gaz = gazette                                  | s = section(s)/subsection(s)        |\n| LA = Legislation Act 2003                      | Sch = Schedule(s)                   |\n| LIA = Legislative Instruments Act 2003         | Sdiv = Subdivision(s)               |\n| (md) = misdescribed amendment can be given     | SLI = Select Legislative Instrument |\n| effect                                         | SR = Statutory Rules                |\n| (md not incorp) = misdescribed amendment       | Sub‑Ch = Sub‑Chapter(s)             |\n| cannot be given effect                         | SubPt = Subpart(s)                  |\n| mod = modified/modification                    | underlining = whole or part not     |\n| No. = Number(s)                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                                                                                                                                                  | Registration               | Commencement                | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------- | --------------------------- | ----------------------------------------------- |\n| Determination under subsection 24(3)— Non‑SES employees in the Marine Unit to be moved to the Department of Immigration and Border Protection by determination under paragraph 72(1)(a) of the Public Service Act 1999 on 1 July 2015 | 29 June 2015 (F2015L00979) | 30 June 2015                |                                                 |\n| Public Service (Subsection 24(3)—Non‑SES employees in the Marine Unit) Amendment Determination 2018                                                                                                                                   | 14 Aug 2018 (F2018L01117)  | 15 Aug 2018 (s 2(1) item 1) | —                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected        | How affected   |\n| ------------------------- | -------------- |\n| c 2.3.................... | ad F2018L01117 |\n| c 3.1.................... | am F2018L01117 |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The compilation records amendments (F2018L01117) that added clause 2.3 and amended clause 3.1 (see endnotes). Those changes make the Determination explicitly subject to the cessation rules in clause 3 and clarify that coverage ends if an enterprise agreement commences or the employee stops being a Marine Unit employee, narrowing the Determination's continuing application relative to its original text."},"complexity_factors":["Interplay with industrial instruments: excludes Employees from enterprise agreements, the Australian Public Service Enterprise Award 2015 and other Fair Work/WR Act transitional instruments while in force (cl 4.1).","Preservation of prior terms: retains previous Customs terms and remuneration for Moving Employees and imports Customs Agreement terms for New Employees, with textual substitutions (cl 5.1; cl 7.2).","Conditional duration and cessation: operation depends on replacement, revocation, commencement of an enterprise agreement, or ceasing to be a Marine Unit employee (cl 2.2, 2.3, 3.1).","Agency discretion: allows Agency Head to supplement terms under s 24(1) of the Public Service Act 1999 (cl 5.2), creating potential variation across agencies.","Policy carry‑over with limits: Customs policies continue unless incapable of meaningful operation; the Determination prevails over inconsistent policies (cl 6.1).","Defined class and role‑based scope: applies only to non‑SES sea‑going Marine Unit employees as defined (cl 1.1, cl 7.1).","Amendment history: later amendments altered clauses affecting effect and cessation (endnotes and amendment history), requiring cross‑checking the compilation dates."],"plain_english_summary":"**What it does:** This Determination preserves the existing terms and pay of non‑SES Marine Unit staff moved from the Australian Customs and Border Protection Service to the Department of Immigration and Border Protection on 1 July 2015, and applies the same preserved terms to later Marine Unit hires. It also removes those employees from coverage by enterprise agreements and the APS Award for as long as the Determination applies.\n\n**Why it matters:** The Department keeps prior entitlements in place while deciding which policies and additional conditions apply; coverage ends if a new enterprise agreement starts or the employee ceases to be a Marine Unit employee."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was always intended to be a transitional instrument covering specific non-SES Marine Unit employees during a departmental restructure, and it continues to serve that limited purpose without expansion into broader employment policy."},"complexity_factors":["Very short document (7 operative clauses plus interpretation)","Only 1 defined term ('Marine Unit employee')","Simple conditional logic (if/then application to two categories of employees)","Minimal cross-referencing (only references to Public Service Act 1999 sections 24 and 72, and one enterprise agreement)","No nested exceptions or complex temporal provisions","Straightforward substitution table with only 2 term mappings"],"plain_english_summary":"This determination fixes pay and conditions for non‑SES APS staff who crew Customs and Border Protection vessels in the Marine Unit, covering those transferred to the Department on 1 July 2015 and later hires. It preserves transferred employees’ existing terms and gives new hires the old Customs enterprise‑agreement terms (with the Department’s name substituted), excludes the APS Award, and remains effective until replaced or superseded."}},"importantCases":[],"_links":{"self":"/api/acts/determination-under-subsection-24-3-non-ses-employees-in-the-marine-unit-to-be-moved-to-the-departme","history":"/api/acts/determination-under-subsection-24-3-non-ses-employees-in-the-marine-unit-to-be-moved-to-the-departme/history","analysis":"/api/acts/determination-under-subsection-24-3-non-ses-employees-in-the-marine-unit-to-be-moved-to-the-departme/analysis","conflicts":"/api/acts/determination-under-subsection-24-3-non-ses-employees-in-the-marine-unit-to-be-moved-to-the-departme/conflicts","importantCases":"/api/acts/determination-under-subsection-24-3-non-ses-employees-in-the-marine-unit-to-be-moved-to-the-departme/important-cases","documents":"/api/acts/determination-under-subsection-24-3-non-ses-employees-in-the-marine-unit-to-be-moved-to-the-departme/documents"}}