{"id":"C2004A00537","name":"Public Employment (Consequential and Transitional) Amendment Act 1999","slug":"public-employment-consequential-and-transitional-amendment-act-1999","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"146 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38562,"registerId":"commonwealth-C2004A00537-1775056548652","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5","sectionType":"section","heading":"Subsection 77C(1)","content":"5 Subsection 77C(1)\n\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Subsection 77E(1)","content":"6 Subsection 77E(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n","sortOrder":1},{"sectionNumber":"7","sectionType":"section","heading":"Subsection 124C(1)","content":"7 Subsection 124C(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n8 Subsection 124E(1)\n\n9 Subsection 127D(1)\n\n10 Subsection 143P(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n11 Subsection 143Z(1)\n\n12 Subsection 144K(1)\n\n13 Subsection 144R(1)\n\n14 Subsection 144R(2)\n\n(a) the TSRA General Manager and the APS employees assisting the TSRA General Manager together constitute a Statutory Agency; and\n\n(b) the TSRA General Manager is the Head of that Statutory Agency.\n\n","sortOrder":2},{"sectionNumber":"15","sectionType":"section","heading":"Subsection 144ZK(1)","content":"15 Subsection 144ZK(1)\n\n","sortOrder":3},{"sectionNumber":"16","sectionType":"section","heading":"Subsection 144ZM(1)","content":"16 Subsection 144ZM(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n17 Subsection 192D(2)\n\n18 Subsection 200(1)\n\n19 Subsection 200(2)\n\n(a) the General Manager of Aboriginal Hostels Limited, and the APS employees assisting Aboriginal Hostels Limited, together constitute a Statutory Agency; and\n\n(b) the General Manager of Aboriginal Hostels Limited is the Head of that Statutory Agency.\n\nAboriginal and Torres Strait Islander Heritage Protection Act 1984\n\n","sortOrder":4},{"sectionNumber":"20","sectionType":"section","heading":"Subsection 30(2)","content":"20 Subsection 30(2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.\n\n","sortOrder":5},{"sectionNumber":"21","sectionType":"section","heading":"Subsection 30(2)","content":"21 Subsection 30(2)\n\nAboriginal and Torres Strait Islander Heritage Protection Act 1999\n\n","sortOrder":6},{"sectionNumber":"22","sectionType":"section","heading":"Subsection 14(1)","content":"22 Subsection 14(1)\n\n","sortOrder":7},{"sectionNumber":"23","sectionType":"section","heading":"Subsection 16(1)","content":"23 Subsection 16(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n","sortOrder":8},{"sectionNumber":"24","sectionType":"section","heading":"Section 20","content":"24 Section 20\n\n","sortOrder":9},{"sectionNumber":"25","sectionType":"section","heading":"Subsection 79(5) (paragraph (b) of the definition of authorised person)","content":"25 Subsection 79(5) (paragraph (b) of the definition of authorised person)\n\n(b) a person appointed or engaged under the Public Service Act 1999 who is authorised in writing by the Attorney-General under this section.\n\n","sortOrder":10},{"sectionNumber":"26","sectionType":"section","heading":"Subsection 80(2)","content":"26 Subsection 80(2)\n\nOmit “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”.\n\nAboriginal Councils and Associations Act 1976\n\n","sortOrder":11},{"sectionNumber":"27","sectionType":"section","heading":"Subsection 4(4)","content":"27 Subsection 4(4)\n\nAboriginal Land Rights (Northern Territory) Act 1976\n\n","sortOrder":12},{"sectionNumber":"28","sectionType":"section","heading":"Paragraph 23E(3)(b)","content":"28 Paragraph 23E(3)(b)\n\n","sortOrder":13},{"sectionNumber":"29","sectionType":"section","heading":"Paragraph 54C(2)(b)","content":"29 Paragraph 54C(2)(b)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.\n\n","sortOrder":14},{"sectionNumber":"30","sectionType":"section","heading":"Subsection 54C(2)","content":"30 Subsection 54C(2)\n\nOmit “the officer” (wherever occurring), substitute “the public servant”.\n\n","sortOrder":15},{"sectionNumber":"31","sectionType":"section","heading":"Section 59","content":"31 Section 59\n\nACIS Administration Act 1999\n\n","sortOrder":16},{"sectionNumber":"32","sectionType":"section","heading":"Subsection 115(1)","content":"32 Subsection 115(1)\n\nActs Interpretation Act 1901\n\n","sortOrder":17},{"sectionNumber":"33","sectionType":"section","heading":"After section 17","content":"33 After section 17\n\n## 17AA Definitions relating to the Australian Public Service\n\n##### 17AA Definitions relating to the Australian Public Service\n\n  In any Act, unless the contrary intention appears:\n\n> acting SES employee has the same meaning as in the Public Service Act 1999.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> SES employee has the same meaning as in the Public Service Act 1999.\n\n","sortOrder":18},{"sectionNumber":"34","sectionType":"section","heading":"Paragraph 19B(3)(a)","content":"34 Paragraph 19B(3)(a)\n\nOmit “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”.\n\n","sortOrder":19},{"sectionNumber":"35","sectionType":"section","heading":"Paragraph 19BA(3)(a)","content":"35 Paragraph 19BA(3)(a)\n\nOmit “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”.\n\n","sortOrder":20},{"sectionNumber":"36","sectionType":"section","heading":"At the end of section 19C","content":"36 At the end of section 19C\n\nAdd:\n\n","sortOrder":21},{"sectionNumber":"37","sectionType":"section","heading":"At the end of section 21","content":"37 At the end of section 21\n\nAdd:\n\n","sortOrder":22},{"sectionNumber":"38","sectionType":"section","heading":"At the end of section 25B","content":"38 At the end of section 25B\n\nAdd:\n\n  (3) In this section:\n\n","sortOrder":23},{"sectionNumber":"39","sectionType":"section","heading":"After subsection 33(2)","content":"39 After subsection 33(2)\n\n  (2AA) In subsection (2), office includes a position occupied by an APS employee.\n\n","sortOrder":24},{"sectionNumber":"40","sectionType":"section","heading":"At the end of section 33A","content":"40 At the end of section 33A\n\nAdd:\n\nAdministrative Appeals Tribunal Act 1975\n\n41 Subsection 12(1)\n\n42 Subsection 24G(1)\n\n43 Subsection 24N(3)\n\n44 Subsection 24N(4)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.\n\n45 Subsection 24N(4)\n\n46 Section 24P\n\n24P Statutory Agency etc. for purposes of Public Service Act\n\n47 Section 57\n\nOmit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.\n\nAdministrative Arrangements Act 1987\n\n","sortOrder":25},{"sectionNumber":"48","sectionType":"section","heading":"Subsection 19(1)","content":"48 Subsection 19(1)\n\nOmit all the words after “include, references”, substitute “to an SES employee, or acting SES employee, in the Department who is specified in the notice”.\n\n","sortOrder":26},{"sectionNumber":"49","sectionType":"section","heading":"Subsection 19(2)","content":"49 Subsection 19(2)\n\nOmit all the words after “the specified”, substitute “SES employee or acting SES employee”.\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n50 Paragraph (r) of Schedule 2\n\n51 Paragraph (s) of Schedule 2\n\n52 Subparagraph (t)(ii) of Schedule 2\n\n53 Paragraph (w) of Schedule 2\n\nAffirmative Action (Equal Employment Opportunity for Women) Act 1986\n\n","sortOrder":27},{"sectionNumber":"54","sectionType":"section","heading":"Subsection 29(1)","content":"54 Subsection 29(1)\n\n","sortOrder":28},{"sectionNumber":"55","sectionType":"section","heading":"Subsection 29(2)","content":"55 Subsection 29(2)\n\nAged Care Act 1997\n\n","sortOrder":29},{"sectionNumber":"56","sectionType":"section","heading":"Clause 1 of Schedule 1 (definition of officer)","content":"56 Clause 1 of Schedule 1 (definition of officer)\n\nAged Care Income Testing Act 1997\n\n","sortOrder":30},{"sectionNumber":"57","sectionType":"section","heading":"Section 3 (definition of officer)","content":"57 Section 3 (definition of officer)\n\nAgricultural and Veterinary Chemicals (Administration) Act 1992\n\n","sortOrder":31},{"sectionNumber":"58","sectionType":"section","heading":"Paragraph 11(1)(e)","content":"58 Paragraph 11(1)(e)\n\n(e) a person appointed or engaged under the Public Service Act 1999;\n\n","sortOrder":32},{"sectionNumber":"59","sectionType":"section","heading":"Section 39","content":"59 Section 39\n\n","sortOrder":33},{"sectionNumber":"60","sectionType":"section","heading":"Paragraph 46(1)(a)","content":"60 Paragraph 46(1)(a)\n\nOmit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":34},{"sectionNumber":"61","sectionType":"section","heading":"Subsection 69F(1)","content":"61 Subsection 69F(1)\n\nAgricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994\n\n","sortOrder":35},{"sectionNumber":"62","sectionType":"section","heading":"Subsection 18(1)","content":"62 Subsection 18(1)\n\nAircraft Noise Levy Collection Act 1995\n\n63 Paragraph 10(3)(a)\n\n64 Subsection 14(3)\n\n65 Subsection 17(2)\n\n66 Paragraph 18(3)(a)\n\nAirline Equipment (Loan Guarantee) Act 1972\n\n","sortOrder":36},{"sectionNumber":"67","sectionType":"section","heading":"Subparagraph 4(d)(i)","content":"67 Subparagraph 4(d)(i)\n\nOmit “officers employed in the Commonwealth Service”, substitute “APS employees”.\n\n","sortOrder":37},{"sectionNumber":"68","sectionType":"section","heading":"Subparagraph 4(d)(ii)","content":"68 Subparagraph 4(d)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1976\n\n","sortOrder":38},{"sectionNumber":"69","sectionType":"section","heading":"Subparagraph 5(d)(i)","content":"69 Subparagraph 5(d)(i)\n\n","sortOrder":39},{"sectionNumber":"70","sectionType":"section","heading":"Subparagraph 5(d)(ii)","content":"70 Subparagraph 5(d)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1977\n\n","sortOrder":40},{"sectionNumber":"71","sectionType":"section","heading":"Subparagraph 5(d)(i)","content":"71 Subparagraph 5(d)(i)\n\n","sortOrder":41},{"sectionNumber":"72","sectionType":"section","heading":"Subparagraph 5(d)(ii)","content":"72 Subparagraph 5(d)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1978\n\n","sortOrder":42},{"sectionNumber":"73","sectionType":"section","heading":"Subparagraph 5(d)(i)","content":"73 Subparagraph 5(d)(i)\n\n","sortOrder":43},{"sectionNumber":"74","sectionType":"section","heading":"Subparagraph 5(d)(ii)","content":"74 Subparagraph 5(d)(ii)\n\nAirline Equipment (Loan Guarantee) Act (No. 2) 1978\n\n","sortOrder":44},{"sectionNumber":"75","sectionType":"section","heading":"Subparagraph 6(e)(i)","content":"75 Subparagraph 6(e)(i)\n\n","sortOrder":45},{"sectionNumber":"76","sectionType":"section","heading":"Subparagraph 6(e)(ii)","content":"76 Subparagraph 6(e)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1980\n\n","sortOrder":46},{"sectionNumber":"77","sectionType":"section","heading":"Subparagraph 5(e)(i)","content":"77 Subparagraph 5(e)(i)\n\n","sortOrder":47},{"sectionNumber":"78","sectionType":"section","heading":"Subparagraph 5(e)(ii)","content":"78 Subparagraph 5(e)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1981\n\n","sortOrder":48},{"sectionNumber":"79","sectionType":"section","heading":"Subparagraph 5(e)(i)","content":"79 Subparagraph 5(e)(i)\n\n","sortOrder":49},{"sectionNumber":"80","sectionType":"section","heading":"Subparagraph 5(e)(ii)","content":"80 Subparagraph 5(e)(ii)\n\nAirports Act 1996\n\n81 Paragraph 244(1)(b)\n\n82 Subsection 244(2)\n\n83 Subsection 249(3)\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n","sortOrder":50},{"sectionNumber":"84","sectionType":"section","heading":"Subsection 249(7) (definition of Senior Executive Service office)","content":"84 Subsection 249(7) (definition of Senior Executive Service office)\n\nAir Services Act 1995\n\n","sortOrder":51},{"sectionNumber":"85","sectionType":"section","heading":"Subsection 30(1)","content":"85 Subsection 30(1)\n\nAlbury‑Wodonga Development Act 1973\n\n","sortOrder":52},{"sectionNumber":"86","sectionType":"section","heading":"Subsection 3(1) (definition of Australian Public Service)","content":"86 Subsection 3(1) (definition of Australian Public Service)\n\nOmit “service established under the Public Service Act 1922‑1973”, substitute “APS within the meaning of the Public Service Act 1999”.\n\n","sortOrder":53},{"sectionNumber":"87","sectionType":"section","heading":"Paragraph 8(1)(e)","content":"87 Paragraph 8(1)(e)\n\nOmit “for Departments”, substitute “for Agencies (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":54},{"sectionNumber":"88","sectionType":"section","heading":"Paragraph 8(1)(e)","content":"88 Paragraph 8(1)(e)\n\nOmit “those Departments”, substitute “those Agencies”.\n\n","sortOrder":55},{"sectionNumber":"89","sectionType":"section","heading":"Subsection 21(3)","content":"89 Subsection 21(3)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":56},{"sectionNumber":"90","sectionType":"section","heading":"Subsection 21(3)","content":"90 Subsection 21(3)\n\n","sortOrder":57},{"sectionNumber":"91","sectionType":"section","heading":"Section 22","content":"91 Section 22\n\nA New Tax System (Australian Business Number) Act 1999\n\n","sortOrder":58},{"sectionNumber":"92","sectionType":"section","heading":"Subparagraph 30(3)(c)(i)","content":"92 Subparagraph 30(3)(c)(i)\n\n(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\n\n","sortOrder":59},{"sectionNumber":"93","sectionType":"section","heading":"Subparagraph 30(3)(d)(i)","content":"93 Subparagraph 30(3)(d)(i)\n\n(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\n\n","sortOrder":60},{"sectionNumber":"94","sectionType":"section","heading":"Section 41 (paragraph (c) of the definition of government entity)","content":"94 Section 41 (paragraph (c) of the definition of government entity)\n\nA New Tax System (Commonwealth-State Financial Arrangements) Act 1999\n\n","sortOrder":61},{"sectionNumber":"95","sectionType":"section","heading":"Subsection 21(1)","content":"95 Subsection 21(1)\n\nANL Guarantee Act 1994\n\n","sortOrder":62},{"sectionNumber":"96","sectionType":"section","heading":"Subsection 5(1)","content":"96 Subsection 5(1)\n\nOmit “an officer in the Senior Executive Service”, substitute “a person who is an SES employee or acting SES employee”.\n\n","sortOrder":63},{"sectionNumber":"97","sectionType":"section","heading":"Subsection 5(2)","content":"97 Subsection 5(2)\n\nOmit “officer”, substitute “person”.\n\nAnti-Personnel Mines Convention Act 1998\n\n","sortOrder":64},{"sectionNumber":"98","sectionType":"section","heading":"Paragraph 29(1)(b)","content":"98 Paragraph 29(1)(b)\n\n(b) an SES employee, or acting SES employee, whether or not in the Department;\n\n","sortOrder":65},{"sectionNumber":"99","sectionType":"section","heading":"Paragraph 29(3)(d)","content":"99 Paragraph 29(3)(d)\n\n(d) an SES employee, or acting SES employee, whether or not in the Department;\n\nArchives Act 1983\n\n","sortOrder":66},{"sectionNumber":"100","sectionType":"section","heading":"Subsection 3(1) (definition of Director‑General)","content":"100 Subsection 3(1) (definition of Director‑General)\n\n","sortOrder":67},{"sectionNumber":"101","sectionType":"section","heading":"Subsection 7(1)","content":"101 Subsection 7(1)\n\nOmit “hold office under the Public Service Act 1922”, substitute “be a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":68},{"sectionNumber":"102","sectionType":"section","heading":"Section 9","content":"102 Section 9\n\n","sortOrder":69},{"sectionNumber":"103","sectionType":"section","heading":"Paragraph 34(8)(a)","content":"103 Paragraph 34(8)(a)\n\n(a) the Secretary of a Department (within the meaning of the Public Service Act 1999); or\n\nAuditor‑General Act 1997\n\n","sortOrder":70},{"sectionNumber":"104","sectionType":"section","heading":"Subsection 40(1)","content":"104 Subsection 40(1)\n\n","sortOrder":71},{"sectionNumber":"105","sectionType":"section","heading":"After subsection 40(1)","content":"105 After subsection 40(1)\n\n  (1A) For the purposes of the Public Service Act 1999:\n\n(a) the Auditor‑General and the APS employees assisting the Auditor‑General together constitute a Statutory Agency; and\n\n(b) the Auditor‑General is the Head of that Statutory Agency.\n\n","sortOrder":72},{"sectionNumber":"106","sectionType":"section","heading":"Subclause 4(1) of Schedule 1","content":"106 Subclause 4(1) of Schedule 1\n\nAustralia Council Act 1975\n\n107 Subsection 12(1)\n\n108 Subsection 16(5)\n\n109 Subsection 19C(1)\n\nAustralia‑Japan Foundation Act 1976\n\n","sortOrder":73},{"sectionNumber":"110","sectionType":"section","heading":"Section 20","content":"110 Section 20\n\nOmit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.\n\nAustralian Bicentennial Road Development Trust Fund Act 1982\n\n","sortOrder":74},{"sectionNumber":"111","sectionType":"section","heading":"Subsection 26(1)","content":"111 Subsection 26(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nAustralian Broadcasting Corporation Act 1983\n\n","sortOrder":75},{"sectionNumber":"112","sectionType":"section","heading":"Subsection 14A(1)","content":"112 Subsection 14A(1)\n\nAustralian Bureau of Statistics Act 1975\n\n","sortOrder":76},{"sectionNumber":"113","sectionType":"section","heading":"Subparagraph 6(5)(b)(i)","content":"113 Subparagraph 6(5)(b)(i)\n\n(i) an Agency within the meaning of the Public Service Act 1999; or\n\n","sortOrder":77},{"sectionNumber":"114","sectionType":"section","heading":"Subsection 16(1)","content":"114 Subsection 16(1)\n\nOmit “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”.\n\n","sortOrder":78},{"sectionNumber":"115","sectionType":"section","heading":"Subsection 16(3)","content":"115 Subsection 16(3)\n\nOmit “, with the approval of the Public Service Board,”.\n\n","sortOrder":79},{"sectionNumber":"116","sectionType":"section","heading":"Subsections 16(4) and (5)","content":"116 Subsections 16(4) and (5)\n\n(a) the Statistician and the APS employees assisting the Statistician together constitute a Statutory Agency; and\n\n(b) the Statistician is the Head of that Statutory Agency.\n\nAustralian Capital Territory Government Service (Consequential Provisions) Act 1994\n\n117 Subsection 3(1) (definition of unattached officer)\n\n118 Sections 6 and 7\n\n119 Subsection 8(1)\n\nAfter “where”, insert “before the commencement of the Public Service Act 1999”.\n\n","sortOrder":80},{"sectionNumber":"120","sectionType":"section","heading":"Subsection 8(2)","content":"120 Subsection 8(2)\n\nAfter “Secretary” (first occurring), insert “or Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":81},{"sectionNumber":"121","sectionType":"section","heading":"Subsection 8(2)","content":"121 Subsection 8(2)\n\nAfter “Secretary” (last occurring), insert “or Agency Head”.\n\n","sortOrder":82},{"sectionNumber":"122","sectionType":"section","heading":"Subsection 8(3)","content":"122 Subsection 8(3)\n\nAfter “Secretary”, insert “or Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":83},{"sectionNumber":"123","sectionType":"section","heading":"Subsection 8(5)","content":"123 Subsection 8(5)\n\nAfter “Secretary”, insert “or Agency Head”.\n\n","sortOrder":84},{"sectionNumber":"124","sectionType":"section","heading":"Section 10","content":"124 Section 10\n\nOmit “The Secretary of a Department of the Australian Public Service”, substitute “An Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":85},{"sectionNumber":"125","sectionType":"section","heading":"Paragraph 10(a)","content":"125 Paragraph 10(a)\n\nOmit “Department”, substitute “Agency (within the meaning of that Act)”.\n\n","sortOrder":86},{"sectionNumber":"126","sectionType":"section","heading":"Paragraph 10(b)","content":"126 Paragraph 10(b)\n\nOmit “Secretary”, substitute “Agency Head”.\n\n127 Part 3\n\n128 Section 24\n\n129 Subsection 25(1)\n\n  (1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999.\n\n","sortOrder":87},{"sectionNumber":"130","sectionType":"section","heading":"Subsection 25(2)","content":"130 Subsection 25(2)\n\n","sortOrder":88},{"sectionNumber":"131","sectionType":"section","heading":"Subsection 25(3)","content":"131 Subsection 25(3)\n\nOmit “appointment to an office or as an unattached officer”, substitute “engagement as an APS employee”.\n\n","sortOrder":89},{"sectionNumber":"132","sectionType":"section","heading":"Subsections 25(3) and (4)","content":"132 Subsections 25(3) and (4)\n\n","sortOrder":90},{"sectionNumber":"133","sectionType":"section","heading":"Subsection 25(4)","content":"133 Subsection 25(4)\n\nOmit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.\n\n","sortOrder":91},{"sectionNumber":"134","sectionType":"section","heading":"Subsection 25(4)","content":"134 Subsection 25(4)\n\nOmit “an officer of the Australian Public Service”, substitute “an APS employee”.\n\n","sortOrder":92},{"sectionNumber":"135","sectionType":"section","heading":"Subsection 25(5)","content":"135 Subsection 25(5)\n\nOmit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.\n\n","sortOrder":93},{"sectionNumber":"136","sectionType":"section","heading":"Subsection 25(5)","content":"136 Subsection 25(5)\n\nOmit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.\n\n","sortOrder":94},{"sectionNumber":"137","sectionType":"section","heading":"Subsection 25(6)","content":"137 Subsection 25(6)\n\nOmit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.\n\nNote: The heading to section 25 is replaced by the heading “Leave entitlements”.\n\n","sortOrder":95},{"sectionNumber":"138","sectionType":"section","heading":"Subparagraph 26(2)(a)(i)","content":"138 Subparagraph 26(2)(a)(i)\n\n","sortOrder":96},{"sectionNumber":"139","sectionType":"section","heading":"Paragraph 26(2)(b)","content":"139 Paragraph 26(2)(b)\n\nOmit “under a provision corresponding to section 6 of this Act”.\n\n","sortOrder":97},{"sectionNumber":"140","sectionType":"section","heading":"Paragraph 26(3)(b)","content":"140 Paragraph 26(3)(b)\n\nAfter “Public Service Act 1922”, insert “or the Public Service Act 1999”.\n\nAustralian Capital Territory (Planning and Land Management) Act 1988\n\n141 Subsection 38(1)\n\n142 Subsection 47(1)\n\n143 Subsection 47(2)\n\n(a) the Chief Executive and the APS employees assisting the Chief Executive together constitute a Statutory Agency; and\n\n(b) the Chief Executive is the Head of that Statutory Agency.\n\nAustralian Centre for International Agricultural Research Act 1982\n\n","sortOrder":98},{"sectionNumber":"144","sectionType":"section","heading":"Paragraph 19(1)(c)","content":"144 Paragraph 19(1)(c)\n\nOmit “office”, substitute “position”.\n\n145 Subsection 26(1)\n\n146 Subsection 30(1)\n\n147 Subsections 30(2) and (3)\n\n148 Subsection 31(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":99},{"sectionNumber":"149","sectionType":"section","heading":"Subsection 31(1)","content":"149 Subsection 31(1)\n\nAustralian Communications Authority Act 1997\n\n","sortOrder":100},{"sectionNumber":"150","sectionType":"section","heading":"Section 3","content":"150 Section 3\n\n","sortOrder":101},{"sectionNumber":"151","sectionType":"section","heading":"Section 4 (definition of Chairman)","content":"151 Section 4 (definition of Chairman)\n\n> Chair means the Chair of the ACA.\n\n","sortOrder":102},{"sectionNumber":"152","sectionType":"section","heading":"Section 4 (definition of Deputy Chairman)","content":"152 Section 4 (definition of Deputy Chairman)\n\n> Deputy Chair means the Deputy Chair of the ACA.\n\n153 Section 16\n\n154 Subsections 17(2) and (3)\n\n155 Subsections 22(3), (4) and (5)\n\n156 Section 24\n\n157 Subsections 34(1) and (2)\n\n158 Subsection 35(1)\n\nOmit “This subsection has effect subject to section 87E of the Public Service Act 1922.”.\n\n159 Subsections 35(2), (3) and (4)\n\n160 Subsections 39(1), (2) and (3)\n\n161 Subsection 40(1)\n\n162 Subsection 40(2)\n\n163 Subsections 48(4) and (5)\n\nAustralia New Zealand Food Authority Act 1991\n\n","sortOrder":103},{"sectionNumber":"164","sectionType":"section","heading":"Paragraph 38(a)","content":"164 Paragraph 38(a)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":104},{"sectionNumber":"165","sectionType":"section","heading":"Paragraphs 38(d) and (e)","content":"165 Paragraphs 38(d) and (e)\n\n","sortOrder":105},{"sectionNumber":"166","sectionType":"section","heading":"Paragraph 39(7)(a)","content":"166 Paragraph 39(7)(a)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n167 Paragraph 39(7)(a)\n\n168 Subsection 53(1)\n\n169 Subsection 53(2)\n\nAustralian Federal Police Act 1979\n\n","sortOrder":106},{"sectionNumber":"170","sectionType":"section","heading":"Subsection 21(1)","content":"170 Subsection 21(1)\n\n","sortOrder":107},{"sectionNumber":"171","sectionType":"section","heading":"After subsection 31(3)","content":"171 After subsection 31(3)\n\n  (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.\n  (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:\n\n(a) Part IV of the Public Service Act 1922;\n\n(b) Division 3 of Part IV of the Public Service Act 1922;\n\n(c) the Officers’ Rights Declaration Act 1928.\n\nAustralian Film Commission Act 1975\n\n","sortOrder":108},{"sectionNumber":"172","sectionType":"section","heading":"Subsection 18(1)","content":"172 Subsection 18(1)\n\nAustralian Film, Television and Radio School Act 1973\n\n","sortOrder":109},{"sectionNumber":"173","sectionType":"section","heading":"Subsection 17(1)","content":"173 Subsection 17(1)\n\nAustralian Hearing Services Act 1991\n\n","sortOrder":110},{"sectionNumber":"174","sectionType":"section","heading":"Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)","content":"174 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)\n\nOmit “an officer or employee, within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n","sortOrder":111},{"sectionNumber":"175","sectionType":"section","heading":"Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)","content":"175 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)\n\nOmit “within the meaning of that Act”.\n\n","sortOrder":112},{"sectionNumber":"176","sectionType":"section","heading":"Paragraph 67(7)(a)","content":"176 Paragraph 67(7)(a)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":113},{"sectionNumber":"177","sectionType":"section","heading":"Paragraph 67(7)(a)","content":"177 Paragraph 67(7)(a)\n\n","sortOrder":114},{"sectionNumber":"178","sectionType":"section","heading":"Paragraph 68(a)","content":"178 Paragraph 68(a)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":115},{"sectionNumber":"179","sectionType":"section","heading":"Paragraphs 68(d) and (e)","content":"179 Paragraphs 68(d) and (e)\n\n","sortOrder":116},{"sectionNumber":"180","sectionType":"section","heading":"Paragraph 69(b)","content":"180 Paragraph 69(b)\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\nAustralian Heritage Commission Act 1975\n\n","sortOrder":117},{"sectionNumber":"181","sectionType":"section","heading":"Subsection 3(1) (definition of Department)","content":"181 Subsection 3(1) (definition of Department)\n\nOmit “a department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":118},{"sectionNumber":"182","sectionType":"section","heading":"Subsection 12(3)","content":"182 Subsection 12(3)\n\nOmit “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”.\n\n","sortOrder":119},{"sectionNumber":"183","sectionType":"section","heading":"Subsection 32(1)","content":"183 Subsection 32(1)\n\nOmit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.\n\n","sortOrder":120},{"sectionNumber":"184","sectionType":"section","heading":"Section 33","content":"184 Section 33\n\nOmit “Department of the Commonwealth Government”, substitute “Agency (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":121},{"sectionNumber":"185","sectionType":"section","heading":"Section 33","content":"185 Section 33\n\nAustralian Industry Development Corporation Act 1970\n\n186 Section 29W\n\n187 Subsection 34E(6) (paragraph (c) of the definition of associated person)\n\n188 Paragraph 34X(1)(c)\n\n189 Subsection 34X(2)\n\n190 Paragraph 37A(1)(c)\n\n(c) an SES employee or acting SES employee, whether or not in the Department;\n\n","sortOrder":122},{"sectionNumber":"191","sectionType":"section","heading":"Subsection 37A(2)","content":"191 Subsection 37A(2)\n\nAustralian Institute of Aboriginal and Torres Strait Islander Studies Act 1989\n\n","sortOrder":123},{"sectionNumber":"192","sectionType":"section","heading":"Subsection 29(1)","content":"192 Subsection 29(1)\n\n","sortOrder":124},{"sectionNumber":"193","sectionType":"section","heading":"Subsection 29(2)","content":"193 Subsection 29(2)\n\n(a) the Principal and the APS employees assisting the Principal together constitute a Statutory Agency; and\n\n(b) the Principal is the Head of that Statutory Agency.\n\n","sortOrder":125},{"sectionNumber":"194","sectionType":"section","heading":"Section 45A","content":"194 Section 45A\n\nAustralian Institute of Health and Welfare Act 1987\n\n195 Subsection 11(1)\n\n196 Paragraph 19(1)(a)\n\n197 Subsection 19(2)\n\nAustralian Institute of Marine Science Act 1972\n\n","sortOrder":126},{"sectionNumber":"198","sectionType":"section","heading":"Subsection 25(1)","content":"198 Subsection 25(1)\n\n","sortOrder":127},{"sectionNumber":"199","sectionType":"section","heading":"Section 34","content":"199 Section 34\n\nAustralian Land Transport Development Act 1988\n\n","sortOrder":128},{"sectionNumber":"200","sectionType":"section","heading":"Section 39","content":"200 Section 39\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nAustralian Land Transport (Financial Assistance) Act 1985\n\n","sortOrder":129},{"sectionNumber":"201","sectionType":"section","heading":"Subsection 36(1)","content":"201 Subsection 36(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nAustralian Law Reform Commission Act 1996\n\n","sortOrder":130},{"sectionNumber":"202","sectionType":"section","heading":"Subsection 19(1)","content":"202 Subsection 19(1)\n\nAustralian Maritime Safety Authority Act 1990\n\n203 Subsection 17(1)\n\n204 Subsection 51A(1)\n\n205 Paragraph 57(a)\n\nOmit “, or Associate Secretary,”.\n\n","sortOrder":131},{"sectionNumber":"206","sectionType":"section","heading":"Paragraph 57(b)","content":"206 Paragraph 57(b)\n\nAustralian Meat and Live-stock Industry Act 1997\n\n","sortOrder":132},{"sectionNumber":"207","sectionType":"section","heading":"Subsection 70(3) (definition of SES employee)","content":"207 Subsection 70(3) (definition of SES employee)\n\nAustralian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997\n\n","sortOrder":133},{"sectionNumber":"208","sectionType":"section","heading":"Item 10 of Schedule 5 (definition of officer)","content":"208 Item 10 of Schedule 5 (definition of officer)\n\n","sortOrder":134},{"sectionNumber":"209","sectionType":"section","heading":"Item 23 of Schedule 5 (definition of officer)","content":"209 Item 23 of Schedule 5 (definition of officer)\n\nAustralian Meat and Live-stock (Quotas) Act 1990\n\n","sortOrder":135},{"sectionNumber":"210","sectionType":"section","heading":"Section 8A","content":"210 Section 8A\n\nOmit “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”.\n\nAustralian National Maritime Museum Act 1990\n\n211 Subsection 34(1)\n\n212 Subsection 40(1)\n\n213 Subsection 40(2)\n\n214 Subsection 41(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":136},{"sectionNumber":"215","sectionType":"section","heading":"Subsection 41(1)","content":"215 Subsection 41(1)\n\nAustralian National Railways Commission Act 1983\n\n216 Subsection 67AZB(5) (paragraph (c) of the definition of associated person)\n\n217 Paragraph 67AZV(1)(c)\n\n218 Subsection 67AZV(2)\n\nAustralian National Training Authority Act 1992\n\n","sortOrder":137},{"sectionNumber":"219","sectionType":"section","heading":"Subsection 30(1)","content":"219 Subsection 30(1)\n\n","sortOrder":138},{"sectionNumber":"220","sectionType":"section","heading":"Paragraph 40A(1)(a)","content":"220 Paragraph 40A(1)(a)\n\nOmit “of a Department of the Australian Public Service or”.\n\n","sortOrder":139},{"sectionNumber":"221","sectionType":"section","heading":"After paragraph 40A(1)(a)","content":"221 After paragraph 40A(1)(a)\n\n(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\n\n222 Subsection 43(1)\n\n223 Subsection 45(4)\n\n224 Subsections 45(5), (6) and (7)\n\n  (5) For the purposes of the Public Service Act 1999:\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n","sortOrder":140},{"sectionNumber":"225","sectionType":"section","heading":"Paragraph 46(1)(a)","content":"225 Paragraph 46(1)(a)\n\nOmit “of Departments of the Australian Public Service, and”.\n\n","sortOrder":141},{"sectionNumber":"226","sectionType":"section","heading":"After paragraph 46(1)(a)","content":"226 After paragraph 46(1)(a)\n\n(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\n\nAustralian Nuclear Science and Technology Organisation Act 1987\n\n","sortOrder":142},{"sectionNumber":"227","sectionType":"section","heading":"Subsection 21A(1)","content":"227 Subsection 21A(1)\n\n","sortOrder":143},{"sectionNumber":"228","sectionType":"section","heading":"Subsection 24(2)","content":"228 Subsection 24(2)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n229 Subsection 24(2)\n\n230 Subsection 37J(1)\n\n231 Subsection 37P(2)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":144},{"sectionNumber":"232","sectionType":"section","heading":"Subsection 37P(2)","content":"232 Subsection 37P(2)\n\nAustralian Protective Service Act 1987\n\n","sortOrder":145},{"sectionNumber":"233","sectionType":"section","heading":"Subsection 9(1)","content":"233 Subsection 9(1)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":146},{"sectionNumber":"234","sectionType":"section","heading":"Subsection 9(2)","content":"234 Subsection 9(2)\n\nOmit “Secretary within the meaning of the Public Service Act 1922”, substitute “Agency Head within the meaning of the Public Service Act 1999”.\n\n","sortOrder":147},{"sectionNumber":"235","sectionType":"section","heading":"Paragraph 12(3)(c)","content":"235 Paragraph 12(3)(c)\n\n(c) a determination made under section 24 of the Public Service Act 1999;\n\nAustralian Prudential Regulation Authority Act 1998\n\n","sortOrder":148},{"sectionNumber":"236","sectionType":"section","heading":"Subsection 9A(4)","content":"236 Subsection 9A(4)\n\nOmit “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”.\n\nAustralian Radiation Protection and Nuclear Safety Act 1998\n\n","sortOrder":149},{"sectionNumber":"237","sectionType":"section","heading":"Subsection 48(1)","content":"237 Subsection 48(1)\n\n","sortOrder":150},{"sectionNumber":"238","sectionType":"section","heading":"Subsections 58(1) and (2)","content":"238 Subsections 58(1) and (2)\n\n  (1) The staff necessary to assist the CEO are to be persons engaged under the Public Service Act 1999.\n\nAustralian Securities and Investments Commission Act 1989\n\n239 Subsection 113(1)\n\n240 Subsection 120(1)\n\n241 Subsection 120(2)\n\n(b) the Chairperson of the Commission is the Head of that Statutory Agency.\n\n","sortOrder":151},{"sectionNumber":"242","sectionType":"section","heading":"Subsection 120(3)","content":"242 Subsection 120(3)\n\nOmit “Commission” (wherever occurring), substitute “Chairperson”.\n\n","sortOrder":152},{"sectionNumber":"243","sectionType":"section","heading":"Subsection 120(4)","content":"243 Subsection 120(4)\n\n","sortOrder":153},{"sectionNumber":"244","sectionType":"section","heading":"Subsection 121(1)","content":"244 Subsection 121(1)\n\nOmit “The Commission may”, substitute “The Chairperson may”.\n\n","sortOrder":154},{"sectionNumber":"245","sectionType":"section","heading":"Subsection 121(2)","content":"245 Subsection 121(2)\n\n","sortOrder":155},{"sectionNumber":"246","sectionType":"section","heading":"Paragraph 122(a)","content":"246 Paragraph 122(a)\n\nOmit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.\n\n247 Paragraph 125(1)(a)\n\n248 Subsection 156(1)\n\n249 Subsection 156(2)\n\n(a) the Convenor and the APS employees assisting the Convenor together constitute a Statutory Agency; and\n\n(b) the Convenor is the Head of that Statutory Agency.\n\n","sortOrder":156},{"sectionNumber":"250","sectionType":"section","heading":"Paragraph 158(a)","content":"250 Paragraph 158(a)\n\nOmit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":157},{"sectionNumber":"251","sectionType":"section","heading":"Subsection 180(1)","content":"251 Subsection 180(1)\n\nAustralian Security Intelligence Organisation Act 1979\n\n","sortOrder":158},{"sectionNumber":"252","sectionType":"section","heading":"Section 4 (paragraph (a) of the definition of authority of the Commonwealth)","content":"252 Section 4 (paragraph (a) of the definition of authority of the Commonwealth)\n\nOmit “a Department of the Public Service”, substitute “an Agency within the meaning of the Public Service Act 1999”.\n\n253 Subsection 11(1)\n\n254 Subsection 24(3) (definition of Senior Executive Service office)\n\n255 Subsection 24(3) (paragraph (a) of the definition of senior officer of the Organisation)\n\n(a) equivalent to a position occupied by an SES employee; or\n\n256 Section 86\n\n257 Subsection 90(5)\n\n258 Section 90A\n\nAustralian Space Council Act 1994\n\n","sortOrder":159},{"sectionNumber":"259","sectionType":"section","heading":"Section 27","content":"259 Section 27\n\nAustralian Sports Commission Act 1989\n\n260 Subsection 14(1)\n\n261 Subsection 35(1)\n\n262 Subsection 41(3)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":160},{"sectionNumber":"263","sectionType":"section","heading":"Subsection 41(3)","content":"263 Subsection 41(3)\n\nAustralian Sports Drug Agency Act 1990\n\n","sortOrder":161},{"sectionNumber":"264","sectionType":"section","heading":"Subsection 33(3)","content":"264 Subsection 33(3)\n\n","sortOrder":162},{"sectionNumber":"265","sectionType":"section","heading":"Subsection 56(3)","content":"265 Subsection 56(3)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":163},{"sectionNumber":"266","sectionType":"section","heading":"Subsection 56(3)","content":"266 Subsection 56(3)\n\nOmit “Department” (second occurring), substitute “Agency”.\n\nAustralian Tourist Commission Act 1987\n\n","sortOrder":164},{"sectionNumber":"267","sectionType":"section","heading":"Subsection 13(4)","content":"267 Subsection 13(4)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":165},{"sectionNumber":"268","sectionType":"section","heading":"Subsection 18(3)","content":"268 Subsection 18(3)\n\n","sortOrder":166},{"sectionNumber":"269","sectionType":"section","heading":"Subsection 36(1)","content":"269 Subsection 36(1)\n\nAustralian Trade Commission Act 1985\n\n","sortOrder":167},{"sectionNumber":"270","sectionType":"section","heading":"Subsection 3(1) (definition of Australian authority)","content":"270 Subsection 3(1) (definition of Australian authority)\n\nOmit “a Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":168},{"sectionNumber":"271","sectionType":"section","heading":"Subsection 57(1)","content":"271 Subsection 57(1)\n\n","sortOrder":169},{"sectionNumber":"272","sectionType":"section","heading":"Section 63","content":"272 Section 63\n\nAustralian War Memorial Act 1980\n\n273 Subsection 23(1)\n\n274 Subsection 27(1)\n\n275 Subsections 27(2), (3) and (4)\n\n276 Subsection 28(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\nAustralian Wine and Brandy Corporation Act 1980\n\n","sortOrder":170},{"sectionNumber":"277","sectionType":"section","heading":"Subsection 39ZL(1A)","content":"277 Subsection 39ZL(1A)\n\nOmit “a Department of the Commonwealth”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\nNote: This item corrects a misdescribed amendment of the Australian Wine and Brandy Corporation Act 1980.\n\nAustralian Wool Research and Promotion Organisation Act 1993\n\n","sortOrder":171},{"sectionNumber":"278","sectionType":"section","heading":"Subsection 4(1) (definition of designated group)","content":"278 Subsection 4(1) (definition of designated group)\n\n(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n\nBank Integration Act 1991\n\n","sortOrder":172},{"sectionNumber":"279","sectionType":"section","heading":"Subsection 5(1) (subparagraph (b)(ii) of the definition of authorised person)","content":"279 Subsection 5(1) (subparagraph (b)(ii) of the definition of authorised person)\n\n(ii) an SES employee or acting SES employee;\n\nBankruptcy Act 1966\n\n","sortOrder":173},{"sectionNumber":"280","sectionType":"section","heading":"Subsection 31A(5)","content":"280 Subsection 31A(5)\n\nBounty (Books) Act 1986\n\n","sortOrder":174},{"sectionNumber":"281","sectionType":"section","heading":"Subsection 32(1)","content":"281 Subsection 32(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nBroadcasting Services Act 1992\n\n","sortOrder":175},{"sectionNumber":"282","sectionType":"section","heading":"Subsection 165(1)","content":"282 Subsection 165(1)\n\n","sortOrder":176},{"sectionNumber":"283","sectionType":"section","heading":"Subsection 165(2)","content":"283 Subsection 165(2)\n\nChemical Weapons (Prohibition) Act 1994\n\n","sortOrder":177},{"sectionNumber":"284","sectionType":"section","heading":"Paragraph 99(c)","content":"284 Paragraph 99(c)\n\nChild Support (Assessment) Act 1989\n\n","sortOrder":178},{"sectionNumber":"285","sectionType":"section","heading":"Subparagraph 149(1)(c)(i)","content":"285 Subparagraph 149(1)(c)(i)\n\n(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\n\n","sortOrder":179},{"sectionNumber":"286","sectionType":"section","heading":"Subsection 150(1) (subparagraph (c)(i) of the definition of person to whom this section applies)","content":"286 Subsection 150(1) (subparagraph (c)(i) of the definition of person to whom this section applies)\n\n(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\n\nChild Support (Registration and Collection) Act 1988\n\n","sortOrder":180},{"sectionNumber":"287","sectionType":"section","heading":"Subparagraph 15(1)(c)(i)","content":"287 Subparagraph 15(1)(c)(i)\n\n(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\n\n","sortOrder":181},{"sectionNumber":"288","sectionType":"section","heading":"Subsection 16(1) (subparagraph (c)(i) of the definition of person to whom this section applies)","content":"288 Subsection 16(1) (subparagraph (c)(i) of the definition of person to whom this section applies)\n\n(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\n\nChristmas Island Act 1958\n\n289 Paragraph 8G(7)(h)\n\n290 Subsection 17(1)\n\n291 Subsection 17(3)\n\nCivil Aviation Act 1988\n\n","sortOrder":182},{"sectionNumber":"292","sectionType":"section","heading":"Subsection 37(1)","content":"292 Subsection 37(1)\n\nClassification (Publications, Films and Computer Games) Act 1995\n\n293 Subsection 54(1)\n\n294 Subsection 54(2)\n\n295 Subsection 59(2)\n\nOmit “an officer of the Australian Public Service”, substitute “appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":183},{"sectionNumber":"296","sectionType":"section","heading":"Subsection 61(1)","content":"296 Subsection 61(1)\n\nCocos (Keeling) Islands Act 1955\n\n","sortOrder":184},{"sectionNumber":"297","sectionType":"section","heading":"Paragraph 8G(7)(h)","content":"297 Paragraph 8G(7)(h)\n\n","sortOrder":185},{"sectionNumber":"298","sectionType":"section","heading":"Subsections 15A(1) and (3)","content":"298 Subsections 15A(1) and (3)\n\nCommonwealth Authorities and Companies Act 1997\n\n","sortOrder":186},{"sectionNumber":"299","sectionType":"section","heading":"Subsection 23(2)","content":"299 Subsection 23(2)\n\nOmit “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”.\n\nCommonwealth Bank Sale Act 1995\n\n","sortOrder":187},{"sectionNumber":"300","sectionType":"section","heading":"Subsection 20(5) (subparagraph (c)(i) of the definition of authorised person)","content":"300 Subsection 20(5) (subparagraph (c)(i) of the definition of authorised person)\n\n(i) is an SES employee, or acting SES employee, in the Department; and\n\nCommonwealth Electoral Act 1918\n\n","sortOrder":188},{"sectionNumber":"301","sectionType":"section","heading":"Paragraph 6(5)(a)","content":"301 Paragraph 6(5)(a)\n\n(a) an office of Agency Head (within the meaning of the Public Service Act 1999); or\n\n","sortOrder":189},{"sectionNumber":"302","sectionType":"section","heading":"Subsection 23(1)","content":"302 Subsection 23(1)\n\n","sortOrder":190},{"sectionNumber":"303","sectionType":"section","heading":"Paragraph 29(1)(a)","content":"303 Paragraph 29(1)(a)\n\n(a) persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and\n\n","sortOrder":191},{"sectionNumber":"304","sectionType":"section","heading":"Subsection 29(2)","content":"304 Subsection 29(2)\n\n(a) the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and\n\n(b) the Electoral Commissioner is the Head of that Statutory Agency.\n\n","sortOrder":192},{"sectionNumber":"305","sectionType":"section","heading":"Subsection 35(3)","content":"305 Subsection 35(3)\n\nOmit all the words after “Commission”.\n\n306 Subsection 35(5)\n\n307 Paragraph 60(3)(b)\n\n308 Paragraph 60(3)(b)\n\nOmit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":193},{"sectionNumber":"309","sectionType":"section","heading":"Paragraph 60(3A)(d)","content":"309 Paragraph 60(3A)(d)\n\nOmit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.\n\n310 Paragraph 60(4)(b)\n\n311 Subsection 91(1) (definition of Secretary of a Department)\n\n312 Paragraph 91(11)(a)\n\nOmit “Secretary of a Department”, substitute “Agency Head of an Agency (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":194},{"sectionNumber":"313","sectionType":"section","heading":"Paragraph 193(2)(b)","content":"313 Paragraph 193(2)(b)\n\n(b) a person appointed or engaged under the Public Service Act 1999;\n\n","sortOrder":195},{"sectionNumber":"314","sectionType":"section","heading":"Subsection 279B(1)","content":"314 Subsection 279B(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":196},{"sectionNumber":"315","sectionType":"section","heading":"Subsection 279B(7)","content":"315 Subsection 279B(7)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":197},{"sectionNumber":"316","sectionType":"section","heading":"Subsection 311A(4) (paragraph (c) of the definition of Commonwealth Department)","content":"316 Subsection 311A(4) (paragraph (c) of the definition of Commonwealth Department)\n\n(c) an Agency (within the meaning of the Public Service Act 1999).\n\n","sortOrder":198},{"sectionNumber":"317","sectionType":"section","heading":"Subsection 311A(4) (paragraph (b) of the definition of principal officer)","content":"317 Subsection 311A(4) (paragraph (b) of the definition of principal officer)\n\n(b) in relation to an Agency—the Agency Head (within the meaning of the Public Service Act 1999) of the Agency.\n\nCommonwealth Grants Commission Act 1973\n\n","sortOrder":199},{"sectionNumber":"318","sectionType":"section","heading":"Subsection 10(1)","content":"318 Subsection 10(1)\n\n","sortOrder":200},{"sectionNumber":"319","sectionType":"section","heading":"Subsection 15(2)","content":"319 Subsection 15(2)\n\nOmit “officers or employees employed under the Public Service Act 1922”, substitute “APS employees”.\n\nCommonwealth Inscribed Stock Act 1911\n\n","sortOrder":201},{"sectionNumber":"320","sectionType":"section","heading":"Paragraph 51H(2)(b)","content":"320 Paragraph 51H(2)(b)\n\n","sortOrder":202},{"sectionNumber":"321","sectionType":"section","heading":"Paragraph 51K(1)(a)","content":"321 Paragraph 51K(1)(a)\n\nCommonwealth Legal Aid Act 1977\n\n","sortOrder":203},{"sectionNumber":"322","sectionType":"section","heading":"Part IV","content":"322 Part IV\n\nCommonwealth Serum Laboratories Act 1961\n\n","sortOrder":204},{"sectionNumber":"323","sectionType":"section","heading":"Subsection 19X(1)","content":"323 Subsection 19X(1)\n\nOmit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n","sortOrder":205},{"sectionNumber":"324","sectionType":"section","heading":"Subsection 19X(2)","content":"324 Subsection 19X(2)\n\nCommonwealth Services Delivery Agency Act 1997\n\n325 Section 3 (paragraph (a) of the definition of principal officer)\n\n326 Subsection 35(1)\n\n327 Subsection 35(2)\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\nCommonwealth Superannuation Board Act 1999\n\n","sortOrder":206},{"sectionNumber":"328","sectionType":"section","heading":"Subsection 23(10) (paragraph (c) of the definition of agency)","content":"328 Subsection 23(10) (paragraph (c) of the definition of agency)\n\n","sortOrder":207},{"sectionNumber":"329","sectionType":"section","heading":"Subsection 24(10) (paragraph (c) of the definition of agency)","content":"329 Subsection 24(10) (paragraph (c) of the definition of agency)\n\nCommonwealth Vehicles (Registration and Exemption from Taxation) Act 1997\n\n","sortOrder":208},{"sectionNumber":"330","sectionType":"section","heading":"Section 7","content":"330 Section 7\n\n7 Registrar\n\n  (1) There is to be a position in the Department whose duties include the general control of the register.\n  (2) The Registrar is the APS employee who is performing the duties of the position referred to in subsection (1).\n\nComplaints (Australian Federal Police) Act 1981\n\n","sortOrder":209},{"sectionNumber":"331","sectionType":"section","heading":"Paragraph 41(1)(c)","content":"331 Paragraph 41(1)(c)\n\n","sortOrder":210},{"sectionNumber":"332","sectionType":"section","heading":"Subsection 64(3)","content":"332 Subsection 64(3)\n\nConstitutional Convention (Election) Act 1997\n\n333 Paragraph 102(6)(a)\n\n334 Subsection 113(1)\n\n335 Subsection 113(7)\n\nConstruction Industry Reform and Development Act 1992\n\n","sortOrder":211},{"sectionNumber":"336","sectionType":"section","heading":"Subsection 38(1)","content":"336 Subsection 38(1)\n\nCo‑operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978\n\n","sortOrder":212},{"sectionNumber":"337","sectionType":"section","heading":"Paragraph 5(c)","content":"337 Paragraph 5(c)\n\nOmit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.\n\nCopyright Act 1968\n\n","sortOrder":213},{"sectionNumber":"338","sectionType":"section","heading":"Subsection 170(2)","content":"338 Subsection 170(2)\n\nOmit “Public Service Act 1922‑1968”, substitute “Public Service Act 1999”.\n\nCorporate Law Economic Reform Program Act 1999\n\n","sortOrder":214},{"sectionNumber":"339","sectionType":"section","heading":"Item 11 of Schedule 5 (new subsection 27A(2))","content":"339 Item 11 of Schedule 5 (new subsection 27A(2))\n\nOmit “officer or employee within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nCouncil for Aboriginal Reconciliation Act 1991\n\n340 Subsection 20(1)\n\n341 Section 26\n\n342 Paragraph 29(1)(c)\n\n(c) an SES employee or acting SES employee.\n\nCrimes Act 1914\n\n","sortOrder":215},{"sectionNumber":"343","sectionType":"section","heading":"Subsection 3(1) (paragraph (a) of the definition of Commonwealth officer)","content":"343 Subsection 3(1) (paragraph (a) of the definition of Commonwealth officer)\n\n","sortOrder":216},{"sectionNumber":"344","sectionType":"section","heading":"Subsection 16(1) (paragraph (b) of the definition of parole officer)","content":"344 Subsection 16(1) (paragraph (b) of the definition of parole officer)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":217},{"sectionNumber":"345","sectionType":"section","heading":"Subsection 21F(3)","content":"345 Subsection 21F(3)\n\nOmit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":218},{"sectionNumber":"346","sectionType":"section","heading":"Subsection 56(2) (definition of eligible person)","content":"346 Subsection 56(2) (definition of eligible person)\n\nOmit “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”.\n\n","sortOrder":219},{"sectionNumber":"347","sectionType":"section","heading":"Section 85ZL (definition of Commonwealth Department)","content":"347 Section 85ZL (definition of Commonwealth Department)\n\nOmit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.\n\n","sortOrder":220},{"sectionNumber":"348","sectionType":"section","heading":"Section 85ZL","content":"348 Section 85ZL\n\n> Secretary, in relation to a Commonwealth Department, means the Agency Head within the meaning of the Public Service Act 1999.\n\nCrimes (Aviation) Act 1991\n\n","sortOrder":221},{"sectionNumber":"349","sectionType":"section","heading":"Subsection 3(1) (paragraph (c) of the definition of authorised person)","content":"349 Subsection 3(1) (paragraph (c) of the definition of authorised person)\n\nOmit “a Senior Executive Service officer employed under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.\n\n","sortOrder":222},{"sectionNumber":"350","sectionType":"section","heading":"Subsection 3(1) (paragraph (d) of the definition of authorised person)","content":"350 Subsection 3(1) (paragraph (d) of the definition of authorised person)\n\n","sortOrder":223},{"sectionNumber":"351","sectionType":"section","heading":"Subparagraph 23(2)(c)(i)","content":"351 Subparagraph 23(2)(c)(i)\n\nOmit “an officer of, or a person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.\n\nCriminology Research Act 1971\n\n","sortOrder":224},{"sectionNumber":"352","sectionType":"section","heading":"Subsection 19(1)","content":"352 Subsection 19(1)\n\nCSL Sale Act 1993\n\n","sortOrder":225},{"sectionNumber":"353","sectionType":"section","heading":"Subsection 44(3) (paragraph (b) of the definition of authorised person)","content":"353 Subsection 44(3) (paragraph (b) of the definition of authorised person)\n\n","sortOrder":226},{"sectionNumber":"354","sectionType":"section","heading":"Subsection 47(4) (paragraph (c) of the definition of authorised person)","content":"354 Subsection 47(4) (paragraph (c) of the definition of authorised person)\n\n(c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.\n\nCustoms Act 1901\n\n","sortOrder":227},{"sectionNumber":"355","sectionType":"section","heading":"Subsection 208DA(1) (definition of prescribed officer)","content":"355 Subsection 208DA(1) (definition of prescribed officer)\n\n> prescribed officer means an SES employee, or acting SES employee, in the Attorney‑General’s Department.\n\nCustoms Administration Act 1985\n\n356 Subsection 9(1)\n\n357 Subsection 15(1)\n\n358 Subsection 15(2)\n\nDairy Produce Act 1986\n\n","sortOrder":228},{"sectionNumber":"359","sectionType":"section","heading":"Paragraph 109C(b)","content":"359 Paragraph 109C(b)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":229},{"sectionNumber":"360","sectionType":"section","heading":"Clause 1 of the Schedule (definition of designated group)","content":"360 Clause 1 of the Schedule (definition of designated group)\n\n(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n\nDebits Tax Administration Act 1982\n\n","sortOrder":230},{"sectionNumber":"361","sectionType":"section","heading":"Subsection 3(1) (definition of officer)","content":"361 Subsection 3(1) (definition of officer)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nDefence Act 1903\n\n","sortOrder":231},{"sectionNumber":"362","sectionType":"section","heading":"Paragraph 58B(1A)(a)","content":"362 Paragraph 58B(1A)(a)\n\n","sortOrder":232},{"sectionNumber":"363","sectionType":"section","heading":"Subsection 73A(1)","content":"363 Subsection 73A(1)\n\nOmit “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”.\n\n","sortOrder":233},{"sectionNumber":"364","sectionType":"section","heading":"Subsection 120B(16) (definition of paying officer)","content":"364 Subsection 120B(16) (definition of paying officer)\n\n","sortOrder":234},{"sectionNumber":"365","sectionType":"section","heading":"Subsection 123(2)","content":"365 Subsection 123(2)\n\nOmit “officer within the meaning of the Public Service Act 1922”, substitute “APS employee”.\n\n","sortOrder":235},{"sectionNumber":"366","sectionType":"section","heading":"Subparagraph 123(2)(a)(i)","content":"366 Subparagraph 123(2)(a)(i)\n\nOmit “officer or employee within the meaning of that Act”, substitute “APS employee”.\n\n","sortOrder":236},{"sectionNumber":"367","sectionType":"section","heading":"Subsection 124(1A)","content":"367 Subsection 124(1A)\n\nDefence Force Discipline Act 1982\n\n","sortOrder":237},{"sectionNumber":"368","sectionType":"section","heading":"Subsections 175(1) and (2)","content":"368 Subsections 175(1) and (2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nDefence Force Discipline Appeals Act 1955\n\n","sortOrder":238},{"sectionNumber":"369","sectionType":"section","heading":"Subsection 19(4)","content":"369 Subsection 19(4)\n\nDefence Force Retirement and Death Benefits Act 1973\n\n","sortOrder":239},{"sectionNumber":"370","sectionType":"section","heading":"Subsection 131(4)","content":"370 Subsection 131(4)\n\nDefence Housing Authority Act 1987\n\n","sortOrder":240},{"sectionNumber":"371","sectionType":"section","heading":"Subsection 3(1) (definition of designated office in the Department)","content":"371 Subsection 3(1) (definition of designated office in the Department)\n\n","sortOrder":241},{"sectionNumber":"372","sectionType":"section","heading":"Subsection 3(1)","content":"372 Subsection 3(1)\n\n> designated position in the Department means a position in the Department that:\n\n(a) is designated, in writing, by the Minister for the purposes of section 60; and\n\n(b) is occupied by an SES employee or acting SES employee.\n\n","sortOrder":242},{"sectionNumber":"373","sectionType":"section","heading":"Paragraph 12(1)(c)","content":"373 Paragraph 12(1)(c)\n\nOmit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":243},{"sectionNumber":"374","sectionType":"section","heading":"Subparagraph 41(4)(e)(i)","content":"374 Subparagraph 41(4)(e)(i)\n\nOmit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999 and”.\n\n","sortOrder":244},{"sectionNumber":"375","sectionType":"section","heading":"Subparagraph 41(4)(e)(ii)","content":"375 Subparagraph 41(4)(e)(ii)\n\nOmit “officers of the Australian Public Service”, substitute “those persons”.\n\n376 Subsection 51(1)\n\n377 Paragraph 57(1)(a)\n\n378 Subsections 57(2) and (3)\n\n(a) the Managing Director and the APS employees assisting the Managing Director together constitute a Statutory Agency; and\n\n(b) the Managing Director is the Head of that Statutory Agency.\n\n","sortOrder":245},{"sectionNumber":"379","sectionType":"section","heading":"Subsections 60(1) and (2)","content":"379 Subsections 60(1) and (2)\n\nOmit “designated office”, substitute “designated position”.\n\n","sortOrder":246},{"sectionNumber":"380","sectionType":"section","heading":"Subsection 60(4)","content":"380 Subsection 60(4)\n\nOmit “designated office” (wherever occurring), substitute “designated position”.\n\nDefence Service Homes Act 1918\n\n","sortOrder":247},{"sectionNumber":"381","sectionType":"section","heading":"Subsection 23J(2)","content":"381 Subsection 23J(2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.\n\n","sortOrder":248},{"sectionNumber":"382","sectionType":"section","heading":"Subsection 23J(2)","content":"382 Subsection 23J(2)\n\nOmit “or officer” (wherever occurring), substitute “or public servant”.\n\nDefence (Special Undertakings) Act 1952\n\n","sortOrder":249},{"sectionNumber":"383","sectionType":"section","heading":"Section 4 (paragraph (a) of the definition of Commonwealth officer)","content":"383 Section 4 (paragraph (a) of the definition of Commonwealth officer)\n\nDefence (Visiting Forces) Act 1963\n\n","sortOrder":250},{"sectionNumber":"384","sectionType":"section","heading":"Subsection 28(1)","content":"384 Subsection 28(1)\n\nOmit “an officer holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”.\n\nDesigns Act 1906\n\n","sortOrder":251},{"sectionNumber":"385","sectionType":"section","heading":"Subsection 8A(1)","content":"385 Subsection 8A(1)\n\nOmit all the words after “any other Act”, substitute “to a prescribed person engaged under the Public Service Act 1999 in the Designs Office”.\n\n","sortOrder":252},{"sectionNumber":"386","sectionType":"section","heading":"Subsection 8A(2)","content":"386 Subsection 8A(2)\n\nDevelopment Allowance Authority Act 1992\n\n","sortOrder":253},{"sectionNumber":"387","sectionType":"section","heading":"Subsection 103(1)","content":"387 Subsection 103(1)\n\n","sortOrder":254},{"sectionNumber":"388","sectionType":"section","heading":"Subparagraph 107(3)(c)(ii)","content":"388 Subparagraph 107(3)(c)(ii)\n\nOmit “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”.\n\n","sortOrder":255},{"sectionNumber":"389","sectionType":"section","heading":"Section 108","content":"389 Section 108\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\nDirector of Public Prosecutions Act 1983\n\n390 Subsection 20(1)\n\n391 Subsection 27(1)\n\n392 Subsection 27(2)\n\n393 Paragraph 31(1A)(b)\n\n(b) an SES employee.\n\nDisability Discrimination Act 1992\n\n","sortOrder":256},{"sectionNumber":"394","sectionType":"section","heading":"Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)","content":"394 Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)\n\n","sortOrder":257},{"sectionNumber":"395","sectionType":"section","heading":"Subsection 4(1) (definition of Department)","content":"395 Subsection 4(1) (definition of Department)\n\nOmit “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”.\n\n","sortOrder":258},{"sectionNumber":"396","sectionType":"section","heading":"Subsection 116(1)","content":"396 Subsection 116(1)\n\nDisability Services Act 1986\n\n","sortOrder":259},{"sectionNumber":"397","sectionType":"section","heading":"Subsection 25(1A)","content":"397 Subsection 25(1A)\n\nOmit “the Secretary of another Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":260},{"sectionNumber":"398","sectionType":"section","heading":"Subsection 25(1B)","content":"398 Subsection 25(1B)\n\nEducation Legislation Amendment Act 1997\n\n","sortOrder":261},{"sectionNumber":"399","sectionType":"section","heading":"Item 31 of Schedule 1","content":"399 Item 31 of Schedule 1\n\nRepeal the item.\n\nEducation Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991\n\n","sortOrder":262},{"sectionNumber":"400","sectionType":"section","heading":"Section 17","content":"400 Section 17\n\nOmit “officer of the Senior Executive Service”, substitute “SES employee or acting SES employee”.\n\nEmployment, Education and Training Act 1988\n\n","sortOrder":263},{"sectionNumber":"401","sectionType":"section","heading":"Subsection 17(1)","content":"401 Subsection 17(1)\n\n","sortOrder":264},{"sectionNumber":"402","sectionType":"section","heading":"Paragraph 32(3)(a)","content":"402 Paragraph 32(3)(a)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":265},{"sectionNumber":"403","sectionType":"section","heading":"Paragraphs 32(3)(b) and (c)","content":"403 Paragraphs 32(3)(b) and (c)\n\n","sortOrder":266},{"sectionNumber":"404","sectionType":"section","heading":"Paragraph 32(3)(d)","content":"404 Paragraph 32(3)(d)\n\n(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.\n\n","sortOrder":267},{"sectionNumber":"405","sectionType":"section","heading":"Subsection 32(3)","content":"405 Subsection 32(3)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":268},{"sectionNumber":"406","sectionType":"section","heading":"Subsection 32(3)","content":"406 Subsection 32(3)\n\nOmit “such an officer or employee”, substitute “such a person”.\n\n","sortOrder":269},{"sectionNumber":"407","sectionType":"section","heading":"Subsection 32(3)","content":"407 Subsection 32(3)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":270},{"sectionNumber":"408","sectionType":"section","heading":"Subsection 35C(1)","content":"408 Subsection 35C(1)\n\n","sortOrder":271},{"sectionNumber":"409","sectionType":"section","heading":"Subsection 55(2)","content":"409 Subsection 55(2)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “engaged under the Public Service Act 1999”.\n\n","sortOrder":272},{"sectionNumber":"410","sectionType":"section","heading":"Section 56","content":"410 Section 56\n\n","sortOrder":273},{"sectionNumber":"411","sectionType":"section","heading":"Subsection 69(2)","content":"411 Subsection 69(2)\n\nOmit “subsection 25(6) of the Public Service Act 1922”, substitute “section 63 of the Public Service Act 1999”.\n\nEmployment Services Act 1994\n\n412 Subsection 83(2)\n\n413 Subsection 98(1)\n\n414 Section 110\n\n110 Staff of ESRA\n\n  (1) The staff required for the purposes of ESRA are to be persons engaged under the Public Service Act 1999.\n\n(a) the ESRA Chief Executive Officer and the APS employees assisting the ESRA Chief Executive Officer together constitute a Statutory Agency; and\n\n(b) the ESRA Chief Executive Officer is the Head of that Statutory Agency.\n\n","sortOrder":274},{"sectionNumber":"415","sectionType":"section","heading":"Subsection 111(2) (paragraph (a) of the definition of authority of the Commonwealth)","content":"415 Subsection 111(2) (paragraph (a) of the definition of authority of the Commonwealth)\n\nEndangered Species Protection Act 1992\n\n","sortOrder":275},{"sectionNumber":"416","sectionType":"section","heading":"Subsection 4(1) (definition of Department)","content":"416 Subsection 4(1) (definition of Department)\n\n","sortOrder":276},{"sectionNumber":"417","sectionType":"section","heading":"Subsection 4(1) (definition of Secretary)","content":"417 Subsection 4(1) (definition of Secretary)\n\nEnvironment Protection (Alligator Rivers Region) Act 1978\n\n","sortOrder":277},{"sectionNumber":"418","sectionType":"section","heading":"Section 8","content":"418 Section 8\n\nOmit “appointed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n419 Section 26\n\n420 Paragraph 31(3)(a)\n\n421 Subsection 31(4)\n\nOmit “Permanent Head”, substitute “Secretary”.\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\n","sortOrder":278},{"sectionNumber":"422","sectionType":"section","heading":"Subsection 393(1)","content":"422 Subsection 393(1)\n\n  (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.\n\n","sortOrder":279},{"sectionNumber":"423","sectionType":"section","heading":"Subsection 393(4)","content":"423 Subsection 393(4)\n\n  (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.\n\nEqual Employment Opportunity (Commonwealth Authorities) Act 1987\n\n","sortOrder":280},{"sectionNumber":"424","sectionType":"section","heading":"Subsection 3(1) (definition of authority)","content":"424 Subsection 3(1) (definition of authority)\n\n> authority means:\n\n(a) an incorporated or unincorporated body or authority established for a public purpose:\n\n(i) by an Act or by regulations made under an Act; or\n\n(ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory);\n\nbeing a body whose staff consists of, or includes, persons who are not APS employees; or\n\n(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;\n\n  but does not include any of the following:\n\n(c) a relevant employer as defined in section 3 of the Affirmative Action (Equal Employment Opportunity for Women) Act 1986;\n\n(d) the Australian Dairy Corporation;\n\n(e) the Australian Wool Research and Promotion Organisation.\n\n","sortOrder":281},{"sectionNumber":"425","sectionType":"section","heading":"Subsection 3(1) (definition of Board)","content":"425 Subsection 3(1) (definition of Board)\n\n","sortOrder":282},{"sectionNumber":"426","sectionType":"section","heading":"Subsection 3(1) (definition of designated group)","content":"426 Subsection 3(1) (definition of designated group)\n\n(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n\n(c) persons with a physical or mental disability;\n\n(d) any other class of persons prescribed by the regulations for the purposes of this definition.\n\n","sortOrder":283},{"sectionNumber":"427","sectionType":"section","heading":"Section 8","content":"427 Section 8\n\n","sortOrder":284},{"sectionNumber":"428","sectionType":"section","heading":"Paragraph 9(1)(b)","content":"428 Paragraph 9(1)(b)\n\nOmit “or the Board, as the case may be,”.\n\n","sortOrder":285},{"sectionNumber":"429","sectionType":"section","heading":"Subsection 9(4)","content":"429 Subsection 9(4)\n\n(a) a relevant authority is required by an Act other than this Act to prepare an annual report for presentation to the Parliament; and\n\n(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;\n\n  then the authority may, with the consent of the responsible Minister, include that program report in the annual report.\n\n","sortOrder":286},{"sectionNumber":"430","sectionType":"section","heading":"Subsection 10(1)","content":"430 Subsection 10(1)\n\n  (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.\n\n","sortOrder":287},{"sectionNumber":"431","sectionType":"section","heading":"Section 11","content":"431 Section 11\n\n","sortOrder":288},{"sectionNumber":"11","sectionType":"section","heading":"Minister may make recommendations","content":"11 Minister may make recommendations\n\n  (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.\n  (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.\n\n","sortOrder":289},{"sectionNumber":"432","sectionType":"section","heading":"Subsection 12(1)","content":"432 Subsection 12(1)\n\n  (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.\n\n","sortOrder":290},{"sectionNumber":"433","sectionType":"section","heading":"Sections 13 and 14","content":"433 Sections 13 and 14\n\nEvidence Act 1995\n\n434 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth agency)\n\n435 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth entity)\n\n436 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth record)\n\n437 After clause 8 in Part 2 of the Dictionary\n\n8A References to offices etc.\n\n  In this Act:\n\n(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\n\n(b) in that context, a reference to an office is a reference to the position occupied by the APS employee concerned.\n\nExcise Tariff Act 1921\n\n","sortOrder":291},{"sectionNumber":"438","sectionType":"section","heading":"Item 10 of the Schedule","content":"438 Item 10 of the Schedule\n\nOmit “Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\nFamily Law Act 1975\n\n","sortOrder":292},{"sectionNumber":"439","sectionType":"section","heading":"Subsection 4(1) (paragraph (b) of the definition of welfare officer)","content":"439 Subsection 4(1) (paragraph (b) of the definition of welfare officer)\n\nOmit “an officer or employee, within the meaning of the Public Service Act 1922,”, substitute “a person engaged under the Public Service Act 1999”.\n\n440 Subsection 26JA(1)\n\n441 Subsection 37A(8)\n\n442 Subsection 37B(1)\n\n443 Subsection 37B(4)\n\n  (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.\n\n444 Subsection 38G(1)\n\n445 Subsection 38N(4)\n\n446 Subsection 38N(5)\n\n447 Subsection 38N(6)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n448 Subsection 38N(8)\n\n449 Section 38Q\n\n38Q Statutory Agency etc. for purposes of Public Service Act\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n","sortOrder":293},{"sectionNumber":"450","sectionType":"section","heading":"Section 67H (subparagraphs (a)(i) and (ii) of the definition of appropriate authority)","content":"450 Section 67H (subparagraphs (a)(i) and (ii) of the definition of appropriate authority)\n\nRepeal the subparagraphs, substitute:\n\n(i) is an SES employee or acting SES employee; or\n\n(ii) holds an office or position that is at a level equivalent to that of an SES employee; or\n\n451 Subsection 114G(1)\n\n452 Subsection 114M(1)\n\n453 Subsection 114M(2)\n\n454 Subsection 115(2)\n\nOmit “officers of the Australian Public Service or”, substitute “persons appointed or engaged under the Public Service Act 1999, officers”.\n\nFederal Airports Corporation Act 1986\n\n","sortOrder":294},{"sectionNumber":"455","sectionType":"section","heading":"Subsection 3(1) (paragraph (a) of the definition of authority of the Commonwealth)","content":"455 Subsection 3(1) (paragraph (a) of the definition of authority of the Commonwealth)\n\nOmit “or a Department of the Australian Public Service”.\n\n","sortOrder":295},{"sectionNumber":"456","sectionType":"section","heading":"Subsection 3(1) (after paragraph (a) of the definition of authority of the Commonwealth)","content":"456 Subsection 3(1) (after paragraph (a) of the definition of authority of the Commonwealth)\n\n(aa) an Agency (within the meaning of the Public Service Act 1999); and\n\n","sortOrder":296},{"sectionNumber":"457","sectionType":"section","heading":"Subsection 17(1)","content":"457 Subsection 17(1)\n\n","sortOrder":297},{"sectionNumber":"458","sectionType":"section","heading":"Subsection 61(3)","content":"458 Subsection 61(3)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":298},{"sectionNumber":"459","sectionType":"section","heading":"Subsection 61(3)","content":"459 Subsection 61(3)\n\nOmit “a Department” (second occurring), substitute “an Agency”.\n\n","sortOrder":299},{"sectionNumber":"460","sectionType":"section","heading":"Paragraphs 61(3)(a) and (b)","content":"460 Paragraphs 61(3)(a) and (b)\n\nOmit “Department”, substitute “Agency”.\n\n","sortOrder":300},{"sectionNumber":"461","sectionType":"section","heading":"Paragraph 66(1)(b)","content":"461 Paragraph 66(1)(b)\n\nFederal Court of Australia Act 1976\n\n462 Subsection 18AI(1)\n\n463 Subsection 18G(1)\n\n464 Subsection 18N(4)\n\n465 Subsection 18N(5)\n\n466 Subsection 18N(6)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.\n\n467 Subsection 18N(6)\n\n468 Subsection 18N(8)\n\n469 Section 18Q\n\n18Q Statutory Agency etc. for purposes of Public Service Act\n\n470 Subsection 35A(4)\n\n471 Subsection 37F(1)\n\nFederal Magistrates Act 1999\n\n","sortOrder":301},{"sectionNumber":"479","sectionType":"section","heading":"Subclause 5(1) of Schedule 2","content":"479 Subclause 5(1) of Schedule 2\n\nFilm Licensed Investment Company Act 1998\n\n","sortOrder":302},{"sectionNumber":"480","sectionType":"section","heading":"Paragraph 44(b)","content":"480 Paragraph 44(b)\n\nFinancial Management and Accountability Act 1997\n\n","sortOrder":303},{"sectionNumber":"481","sectionType":"section","heading":"Section 5 (paragraph (b) of the definition of Chief Executive)","content":"481 Section 5 (paragraph (b) of the definition of Chief Executive)\n\nFinancial Transaction Reports Act 1988\n\n","sortOrder":304},{"sectionNumber":"482","sectionType":"section","heading":"Subsection 3(1) (paragraph (c) of the definition of taxation officer)","content":"482 Subsection 3(1) (paragraph (c) of the definition of taxation officer)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 and”.\n\n483 Subsection 36B(1)\n\n484 Subsection 40(1)\n\n485 Subsection 40(2)\n\nFinancial Sector Reform (Amendments and Transitional Provisions) Act 1998\n\n","sortOrder":305},{"sectionNumber":"486","sectionType":"section","heading":"Subsection 2(18)","content":"486 Subsection 2(18)\n\nOmit “Public Service Act 1998” (wherever occurring), substitute “Public Service Act 1999”.\n\n","sortOrder":306},{"sectionNumber":"487","sectionType":"section","heading":"Item 42 of Schedule 18","content":"487 Item 42 of Schedule 18\n\nFirst Home Owners Act 1983\n\n","sortOrder":307},{"sectionNumber":"488","sectionType":"section","heading":"Subsection 4(1) (definition of Secretary)","content":"488 Subsection 4(1) (definition of Secretary)\n\nFisheries Management Act 1991\n\n","sortOrder":308},{"sectionNumber":"489","sectionType":"section","heading":"Subsection 137(4)","content":"489 Subsection 137(4)\n\n","sortOrder":309},{"sectionNumber":"490","sectionType":"section","heading":"Subsection 138(1)","content":"490 Subsection 138(1)\n\nForeign Evidence Act 1994\n\n","sortOrder":310},{"sectionNumber":"491","sectionType":"section","heading":"Subsection 26(3) (paragraph (a) of the definition of authorised officer)","content":"491 Subsection 26(3) (paragraph (a) of the definition of authorised officer)\n\n(a) who is an SES employee or acting SES employee in the Attorney‑General’s Department; and\n\nForestry and Timber Bureau Act 1930\n\n","sortOrder":311},{"sectionNumber":"492","sectionType":"section","heading":"Subsection 3(3)","content":"492 Subsection 3(3)\n\n  (3) The Director‑General and staff required for the purposes of this Act must be engaged under the Public Service Act 1999.\n\nFreedom of Information Act 1982\n\n","sortOrder":312},{"sectionNumber":"493","sectionType":"section","heading":"Division 1 of Part II of Schedule 2 (item relating to the National Health and Medical Research Council)","content":"493 Division 1 of Part II of Schedule 2 (item relating to the National Health and Medical Research Council)\n\nOmit “officers, or employees, within the meaning of the Public Service Act 1922”, substitute “persons appointed or engaged under the Public Service Act 1999”.\n\nFringe Benefits Tax (Application to the Commonwealth) Act 1986\n\n","sortOrder":313},{"sectionNumber":"494","sectionType":"section","heading":"Subsection 3(1) (paragraph (c) of the definition of Department)","content":"494 Subsection 3(1) (paragraph (c) of the definition of Department)\n\n(c) an Executive Agency or Statutory Agency (within the meaning of the Public Service Act 1999).\n\nFringe Benefits Tax Assessment Act 1986\n\n","sortOrder":314},{"sectionNumber":"495","sectionType":"section","heading":"Subsection 136(1) (definition of officer)","content":"495 Subsection 136(1) (definition of officer)\n\nGovernor‑General Act 1974\n\n","sortOrder":315},{"sectionNumber":"496","sectionType":"section","heading":"At the end of section 6","content":"496 At the end of section 6\n\nAdd:\n\n  (2) The Official Secretary, together with the staff employed under section 13, constitute the Office of Official Secretary to the Governor‑General.\n  (3) The function of the Office is to assist the Governor‑General.\n\n","sortOrder":316},{"sectionNumber":"497","sectionType":"section","heading":"Section 14","content":"497 Section 14\n\n","sortOrder":317},{"sectionNumber":"14","sectionType":"section","heading":"Remuneration and other conditions of employees","content":"14 Remuneration and other conditions of employees\n\nThe remuneration and other conditions of employment of a person employed under section 13 are as determined by the Official Secretary.\n\n","sortOrder":318},{"sectionNumber":"498","sectionType":"section","heading":"Section 16","content":"498 Section 16\n\n","sortOrder":319},{"sectionNumber":"499","sectionType":"section","heading":"Section 17","content":"499 Section 17\n\nGreat Barrier Reef Marine Park Act 1975\n\n500 Subsection 13(1)\n\n501 Subsection 40(1)\n\n502 Subsections 40(2) and (3)\n\n503 Subsection 42(2)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":320},{"sectionNumber":"504","sectionType":"section","heading":"Subsection 42(2)","content":"504 Subsection 42(2)\n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\n","sortOrder":321},{"sectionNumber":"505","sectionType":"section","heading":"Paragraph 60(b)","content":"505 Paragraph 60(b)\n\nHealth Insurance Act 1973\n\n","sortOrder":322},{"sectionNumber":"506","sectionType":"section","heading":"Subsection 106ZB(1)","content":"506 Subsection 106ZB(1)\n\n","sortOrder":323},{"sectionNumber":"507","sectionType":"section","heading":"Section 106ZM","content":"507 Section 106ZM\n\n106ZM Staff\n\n  (1) The staff necessary to assist the Director are to be persons engaged under the Public Service Act 1999.\n\n","sortOrder":324},{"sectionNumber":"508","sectionType":"section","heading":"Subsection 130(5B) (paragraph (b) of the definition of authorised officer)","content":"508 Subsection 130(5B) (paragraph (b) of the definition of authorised officer)\n\n(b) an APS employee in the Department.\n\nHealth Insurance Commission Act 1973\n\n","sortOrder":325},{"sectionNumber":"509","sectionType":"section","heading":"Subsection 3(1) (definition of Australian Public Service)","content":"509 Subsection 3(1) (definition of Australian Public Service)\n\n","sortOrder":326},{"sectionNumber":"510","sectionType":"section","heading":"Subsection 23(1)","content":"510 Subsection 23(1)\n\nHigh Court of Australia Act 1979\n\n","sortOrder":327},{"sectionNumber":"511","sectionType":"section","heading":"Subsection 22(1)","content":"511 Subsection 22(1)\n\n","sortOrder":328},{"sectionNumber":"512","sectionType":"section","heading":"Paragraph 25(3)(a)","content":"512 Paragraph 25(3)(a)\n\nOmit “with the concurrence of the Public Service Board,”.\n\n","sortOrder":329},{"sectionNumber":"513","sectionType":"section","heading":"Subsection 26(6)","content":"513 Subsection 26(6)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.\n\n","sortOrder":330},{"sectionNumber":"514","sectionType":"section","heading":"Subsection 26(6)","content":"514 Subsection 26(6)\n\nHorticultural Policy Council Act 1987\n\n","sortOrder":331},{"sectionNumber":"515","sectionType":"section","heading":"Subsection 25(1)","content":"515 Subsection 25(1)\n\nOmit “officers or employees of the Department”, substitute “APS employees in the Department”.\n\nHousing Assistance Act 1996\n\n","sortOrder":332},{"sectionNumber":"516","sectionType":"section","heading":"After paragraph 8(2)(e)","content":"516 After paragraph 8(2)(e)\n\n(ea) an Agency (within the meaning of the Public Service Act 1999);\n\n","sortOrder":333},{"sectionNumber":"517","sectionType":"section","heading":"Paragraph 8(2)(f)","content":"517 Paragraph 8(2)(f)\n\nOmit “the Commonwealth or”.\n\n","sortOrder":334},{"sectionNumber":"518","sectionType":"section","heading":"Section 13","content":"518 Section 13\n\nOmit “an officer of, or person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nHousing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990\n\n","sortOrder":335},{"sectionNumber":"519","sectionType":"section","heading":"Section 26","content":"519 Section 26\n\nOmit “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”.\n\nHuman Rights and Equal Opportunity Commission Act 1986\n\n520 Subsection 39(1)\n\n521 Subsection 43(1)\n\n522 Subsection 43(2)\n\n(b) the Commission is the Head of that Statutory Agency.\n\n","sortOrder":336},{"sectionNumber":"523","sectionType":"section","heading":"Subsection 46F(1)","content":"523 Subsection 46F(1)\n\nImmigration (Education) Act 1971\n\n","sortOrder":337},{"sectionNumber":"524","sectionType":"section","heading":"Subsection 10(1)","content":"524 Subsection 10(1)\n\nOmit “an officer of the Public Service of the Commonwealth”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nIncome Tax Assessment Act 1936\n\n","sortOrder":338},{"sectionNumber":"525","sectionType":"section","heading":"Subsection 51AL(23)","content":"525 Subsection 51AL(23)\n\n  (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:\n\n(a) who is an SES employee or an acting SES employee; or\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).\n\n","sortOrder":339},{"sectionNumber":"526","sectionType":"section","heading":"Subsection 51AL(26) (definition of Senior Executive Service office)","content":"526 Subsection 51AL(26) (definition of Senior Executive Service office)\n\n","sortOrder":340},{"sectionNumber":"527","sectionType":"section","heading":"Subsection 124K(1) (definition of Senior Executive Service office)","content":"527 Subsection 124K(1) (definition of Senior Executive Service office)\n\n> Senior Executive Service office means a position that is occupied by an SES employee or acting SES employee.\n\n","sortOrder":341},{"sectionNumber":"528","sectionType":"section","heading":"Subsection 124ZADAA(1)","content":"528 Subsection 124ZADAA(1)\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n","sortOrder":342},{"sectionNumber":"529","sectionType":"section","heading":"Subsection 124ZADAA(2)","content":"529 Subsection 124ZADAA(2)\n\n","sortOrder":343},{"sectionNumber":"530","sectionType":"section","heading":"Section 159UX","content":"530 Section 159UX\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n","sortOrder":344},{"sectionNumber":"531","sectionType":"section","heading":"Section 159UX","content":"531 Section 159UX\n\nOmit “In this section Senior Executive Service office has the same meaning as in the Public Service Act 1922.”.\n\nIncome Tax Assessment Act 1997\n\n","sortOrder":345},{"sectionNumber":"532","sectionType":"section","heading":"Section 34‑65","content":"532 Section 34‑65\n\n34‑65 Delegation of powers by Industry Secretary\n\nThe \\*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:\n\n(a) who holds or performs the duties of a \\*Senior Executive Service office; or\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).\n\n","sortOrder":346},{"sectionNumber":"533","sectionType":"section","heading":"Section 396-105","content":"533 Section 396-105\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”.\n\n","sortOrder":347},{"sectionNumber":"534","sectionType":"section","heading":"Subsection 995‑1(1) (definition of Senior Executive Service office)","content":"534 Subsection 995‑1(1) (definition of Senior Executive Service office)\n\n> Senior Executive Service office means a position occupied by an SES employee or acting SES employee.\n\nIndustrial Chemicals (Notification and Assessment) Act 1989\n\n535 Section 5 (definition of Department)\n\n536 Section 5 (definition of Secretary)\n\n537 Subsection 84(1)\n\n538 Subsection 84(2)\n\n539 Subsection 94(1)\n\n540 Subsection 100(1)\n\n541 Subsection 100(1)\n\n542 Paragraph 104(c)\n\n543 Section 104A\n\n104A Delegation by Director\n\n  The Director may, by signed instrument, delegate to a person:\n\n(a) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(b) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (a);\n\n  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.\n\nIndustry Research and Development Act 1986\n\n","sortOrder":348},{"sectionNumber":"544","sectionType":"section","heading":"Paragraph 9(1)(b)","content":"544 Paragraph 9(1)(b)\n\n","sortOrder":349},{"sectionNumber":"545","sectionType":"section","heading":"Section 25","content":"545 Section 25\n\nInspector‑General of Intelligence and Security Act 1986\n\n","sortOrder":350},{"sectionNumber":"546","sectionType":"section","heading":"Paragraph 18(6)(b)","content":"546 Paragraph 18(6)(b)\n\nOmit “a Department”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\n547 Subsection 28(1)\n\n548 Subsection 32(1)\n\n549 Subsection 32(2)\n\n(a) the Inspector‑General and the APS employees assisting the Inspector‑General together constitute a Statutory Agency; and\n\n(b) the Inspector‑General is the Head of that Statutory Agency.\n\nInternational Air Services Commission Act 1992\n\n","sortOrder":351},{"sectionNumber":"550","sectionType":"section","heading":"Subsection 44(1)","content":"550 Subsection 44(1)\n\nInternational Transfer of Prisoners Act 1997\n\n","sortOrder":352},{"sectionNumber":"551","sectionType":"section","heading":"Paragraph 53(b)","content":"551 Paragraph 53(b)\n\nJudiciary Act 1903\n\n","sortOrder":353},{"sectionNumber":"552","sectionType":"section","heading":"Subsection 55E(1) (subparagraph (b)(ii) of the definition of Attorney‑General’s lawyer)","content":"552 Subsection 55E(1) (subparagraph (b)(ii) of the definition of Attorney‑General’s lawyer)\n\n(ii) a person in the Attorney-General’s Department who is engaged under the Public Service Act 1999.\n\n","sortOrder":354},{"sectionNumber":"553","sectionType":"section","heading":"Subsection 55E(5)","content":"553 Subsection 55E(5)\n\nOmit “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”.\n\n","sortOrder":355},{"sectionNumber":"554","sectionType":"section","heading":"Paragraph 55G(1)(a)","content":"554 Paragraph 55G(1)(a)\n\nOmit “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”.\n\nLands Acquisition Act 1989\n\n","sortOrder":356},{"sectionNumber":"555","sectionType":"section","heading":"Paragraph 139(1)(a)","content":"555 Paragraph 139(1)(a)\n\nLegislative Instruments Act 1997\n\n","sortOrder":357},{"sectionNumber":"556","sectionType":"section","heading":"Section 14","content":"556 Section 14\n\nOmit “An officer of the Senior Executive Service”, substitute “An SES employee”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n","sortOrder":358},{"sectionNumber":"557","sectionType":"section","heading":"Subsection 4(1) (paragraph (e) of the definition of approving authority)","content":"557 Subsection 4(1) (paragraph (e) of the definition of approving authority)\n\n(e) in any other case:\n\n(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\n\n(ii) if the original agency no longer exists—the chief executive officer (however described) of the replacement agency determined under subsection (1A).\n\n","sortOrder":359},{"sectionNumber":"558","sectionType":"section","heading":"Subsection 4(1)","content":"558 Subsection 4(1)\n\n> chief executive officer, in relation to an employing agency, means:\n\n(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\n\n(b) in any other case—the person (however described) who is the chief executive officer of the employing agency.\n\n","sortOrder":360},{"sectionNumber":"559","sectionType":"section","heading":"Subsection 4(1)","content":"559 Subsection 4(1)\n\n> employing agency means:\n\n(b) a public authority of the Commonwealth; or\n\n(c) a body covered by paragraph (6)(b); or\n\n(d) a company covered by paragraph (6)(c).\n\n","sortOrder":361},{"sectionNumber":"560","sectionType":"section","heading":"Subsection 4(1) (definition of officer)","content":"560 Subsection 4(1) (definition of officer)\n\n","sortOrder":362},{"sectionNumber":"561","sectionType":"section","heading":"After subsection 4(1)","content":"561 After subsection 4(1)\n\n  (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:\n\n(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\n\n(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.\n\n","sortOrder":363},{"sectionNumber":"562","sectionType":"section","heading":"Subsection 4(9)","content":"562 Subsection 4(9)\n\n","sortOrder":364},{"sectionNumber":"563","sectionType":"section","heading":"Subsection 4(10)","content":"563 Subsection 4(10)\n\nOmit “to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 does not apply”.\n\n","sortOrder":365},{"sectionNumber":"564","sectionType":"section","heading":"Paragraph 4(10)(a)","content":"564 Paragraph 4(10)(a)\n\n(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\n\n","sortOrder":366},{"sectionNumber":"565","sectionType":"section","heading":"Sections 9 and 9A","content":"565 Sections 9 and 9A\n\n","sortOrder":367},{"sectionNumber":"9","sectionType":"section","heading":"Delegation by approving authority","content":"9 Delegation by approving authority\n\n  (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).\n  (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.\n  (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.\n  (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.\n\n> approving authority does not include the President of the Senate or the Speaker of the House of Representatives.\n\n","sortOrder":368},{"sectionNumber":"566","sectionType":"section","heading":"Paragraph 12(3)(a)","content":"566 Paragraph 12(3)(a)\n\n(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\n\nManagement and Investment Companies Act 1983\n\n","sortOrder":369},{"sectionNumber":"567","sectionType":"section","heading":"Section 16","content":"567 Section 16\n\nMaternity Leave (Commonwealth Employees) Act 1973\n\n","sortOrder":370},{"sectionNumber":"568","sectionType":"section","heading":"Subsection 3(1)","content":"568 Subsection 3(1)\n\n> Agency Head, in relation to an employee, means:\n\n(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\n\n(b) in the case of an employee in a prescribed authority—the chief executive officer (however described) of the prescribed authority.\n\n569 Subsection 3(1) (definition of Department of the Australian Public Service)\n\n570 Subsection 3(1) (definition of Secretary)\n\n571 Paragraph 5(1)(a)\n\n572 Subsection 5A(2)\n\n  (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.\n\n573 Subsection 6(4)\n\n574 Subsection 6(4AB)\n\n575 Subsection 6(4B)\n\n576 Subsection 6(4C)\n\n577 Subsection 6(4F)\n\n578 Subsection 7A(4)\n\n579 Subsection 7A(4)\n\nOmit “wishes the Secretary”, substitute “wishes the Agency Head”.\n\n","sortOrder":371},{"sectionNumber":"580","sectionType":"section","heading":"Subsection 7A(5)","content":"580 Subsection 7A(5)\n\n","sortOrder":372},{"sectionNumber":"581","sectionType":"section","heading":"Subsection 7A(5)","content":"581 Subsection 7A(5)\n\nOmit “subsection (4), the Secretary”, substitute “subsection (4), the Agency Head”.\n\n","sortOrder":373},{"sectionNumber":"582","sectionType":"section","heading":"Subsection 7A(6)","content":"582 Subsection 7A(6)\n\n","sortOrder":374},{"sectionNumber":"583","sectionType":"section","heading":"Subsection 7A(6)","content":"583 Subsection 7A(6)\n\nOmit “or the Secretary”, substitute “or the Agency Head”.\n\n","sortOrder":375},{"sectionNumber":"584","sectionType":"section","heading":"Section 8","content":"584 Section 8\n\n","sortOrder":376},{"sectionNumber":"8","sectionType":"section","heading":"APS employees on maternity leave","content":"8 APS employees on maternity leave\n\n  Clause 12 of Schedule 14 to the Workplace Relations Act 1996 applies to a female APS employee if:\n\n(a) the employee is absent from duty in accordance with section 6; and\n\n(b) the absence is after her confinement and without pay.\n\n","sortOrder":377},{"sectionNumber":"585","sectionType":"section","heading":"Sections 11 and 12","content":"585 Sections 11 and 12\n\n11 Delegation by Agency Head\n\n  (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).\n  (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.\n  (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.\n  (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.\n\n> Agency Head does not include the President of the Senate or the Speaker of the House of Representatives.\n\nMeat Inspection Arrangements Act 1964\n\n","sortOrder":378},{"sectionNumber":"586","sectionType":"section","heading":"Subsection 3(1) (definition of person employed by the Commonwealth)","content":"586 Subsection 3(1) (definition of person employed by the Commonwealth)\n\n> person employed by the Commonwealth means a person appointed or engaged under the Public Service Act 1999.\n\nMembers of Parliament (Staff) Act 1984\n\n587 Section 3 (definition of Agency)\n\n588 Section 3 (definition of Board)\n\n589 Section 3 (definition of officer)\n\n> officer means a person appointed or engaged under the Public Service Act.\n\n590 Section 3 (definition of Public Service Act)\n\n591 Section 3 (definition of relevant public servant)\n\n592 Subsections 5(1), (2) and (3)\n\nOmit “Board”, substitute “Prime Minister”.\n\n593 Section 10\n\n594 Section 11\n\n595 Subsection 14(1)\n\n596 Subsection 14(1)\n\nOmit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.\n\n598 Subsection 14(2)\n\n599 Sections 17 and 18\n\n600 Subsection 21(1)\n\n601 Subsection 21(1)\n\nOmit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.\n\n603 Subsection 21(2)\n\n604 Section 24\n\n605 Section 25\n\nMerit Protection (Australian Government Employees) Act 1984\n\n","sortOrder":379},{"sectionNumber":"606","sectionType":"section","heading":"The whole of the Act","content":"606 The whole of the Act\n\nMigration Act 1958\n\n607 Paragraph 143(1)(b)\n\n608 Section 275 (paragraphs (a) and (b) of the definition of official)\n\n609 Paragraph 364(1)(b)\n\n610 Subsection 407(4)\n\n611 Subsection 408(1)\n\n612 Paragraph 428(1)(a)\n\n613 Subsection 472(4)\n\n614 Subsection 473(1)\n\nMigration Legislation Amendment (Migration Agents) Act 1997\n\n","sortOrder":380},{"sectionNumber":"615","sectionType":"section","heading":"Subsection 2(3)","content":"615 Subsection 2(3)\n\n","sortOrder":381},{"sectionNumber":"616","sectionType":"section","heading":"Item 82 of Schedule 1","content":"616 Item 82 of Schedule 1\n\nMotor Vehicle Standards Act 1989\n\n","sortOrder":382},{"sectionNumber":"617","sectionType":"section","heading":"Paragraph 22(2)(b)","content":"617 Paragraph 22(2)(b)\n\n(b) is to be an SES employee, or acting SES employee, in the Department.\n\n","sortOrder":383},{"sectionNumber":"618","sectionType":"section","heading":"Subsection 25(1)","content":"618 Subsection 25(1)\n\n","sortOrder":384},{"sectionNumber":"619","sectionType":"section","heading":"Subsection 25(2)","content":"619 Subsection 25(2)\n\nNational Crime Authority Act 1984\n\n620 Subsection 40(1)\n\n621 Subsection 47(1)\n\n622 Subsection 47(2)\n\nNational Environment Protection Council Act 1994\n\n623 Subsection 43(1)\n\n624 Subsection 49(1)\n\n625 Subsections 49(2) and (3)\n\n(a) the NEPC Executive Officer and the APS employees assisting the NEPC Executive Officer together constitute a Statutory Agency; and\n\n(b) the NEPC Executive Officer is the Head of that Statutory Agency.\n\n","sortOrder":385},{"sectionNumber":"626","sectionType":"section","heading":"Subsection 51(1)","content":"626 Subsection 51(1)\n\nOmit “officers and employees of Departments of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.\n\nNational Gallery Act 1975\n\n","sortOrder":386},{"sectionNumber":"627","sectionType":"section","heading":"Subsection 28(1)","content":"627 Subsection 28(1)\n\nNational Health Act 1953\n\n628 Subsection 4(1) (paragraph (a) of the definition of Director)\n\n629 Subsection 82PEA(1)\n\n630 Subsection 82PL(2)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n631 Subsection 82PL(2)\n\n632 Subsection 82PN(1)\n\n633 Subsection 82R(3)\n\n634 Subsection 82X(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":387},{"sectionNumber":"635","sectionType":"section","heading":"Subsection 82ZUD(1)","content":"635 Subsection 82ZUD(1)\n\n","sortOrder":388},{"sectionNumber":"636","sectionType":"section","heading":"Subsection 82ZUG(2)","content":"636 Subsection 82ZUG(2)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":389},{"sectionNumber":"637","sectionType":"section","heading":"Subsection 82ZUG(2)","content":"637 Subsection 82ZUG(2)\n\nNational Health and Medical Research Council Act 1992\n\n","sortOrder":390},{"sectionNumber":"638","sectionType":"section","heading":"Subsection 22(1)","content":"638 Subsection 22(1)\n\n  (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.\n\n639 Subsection 26(1)\n\n640 Subsection 45(1)\n\n641 Subsection 45(2)\n\n642 Paragraph 48(1)(a)\n\n(a) an Agency Head within the meaning of the Public Service Act 1999; or\n\n","sortOrder":391},{"sectionNumber":"643","sectionType":"section","heading":"Paragraphs 48(1)(d), (e) and (f)","content":"643 Paragraphs 48(1)(d), (e) and (f)\n\nAfter “of that”, insert “Agency,”.\n\n","sortOrder":392},{"sectionNumber":"644","sectionType":"section","heading":"Paragraph 72(a)","content":"644 Paragraph 72(a)\n\nNational Labour Consultative Council Act 1977\n\n","sortOrder":393},{"sectionNumber":"645","sectionType":"section","heading":"Section 9","content":"645 Section 9\n\n","sortOrder":394},{"sectionNumber":"646","sectionType":"section","heading":"Subsection 12(2)","content":"646 Subsection 12(2)\n\nNational Library Act 1960\n\n","sortOrder":395},{"sectionNumber":"647","sectionType":"section","heading":"Subparagraph 6(c)(ii)","content":"647 Subparagraph 6(c)(ii)\n\nOmit “Departments and”.\n\n","sortOrder":396},{"sectionNumber":"648","sectionType":"section","heading":"At the end of paragraph 6(c)","content":"648 At the end of paragraph 6(c)\n\nAdd:\n\n(iv) the Agencies (within the meaning of the Public Service Act 1999); and\n\n","sortOrder":397},{"sectionNumber":"649","sectionType":"section","heading":"Subsection 17(4)","content":"649 Subsection 17(4)\n\n(a) the Director‑General and the APS employees assisting the Director‑General together constitute a Statutory Agency; and\n\n","sortOrder":398},{"sectionNumber":"650","sectionType":"section","heading":"Subsection 17(5)","content":"650 Subsection 17(5)\n\nOmit “an officer employed under the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\n","sortOrder":399},{"sectionNumber":"651","sectionType":"section","heading":"Subsection 17(5)","content":"651 Subsection 17(5)\n\nOmit “including his or her powers referred to in subsection (4) but”.\n\n","sortOrder":400},{"sectionNumber":"652","sectionType":"section","heading":"Subsection 17(6)","content":"652 Subsection 17(6)\n\nOmit “, other than the powers referred to in subsection (4) of this section,”.\n\n","sortOrder":401},{"sectionNumber":"653","sectionType":"section","heading":"Subsection 17B(1)","content":"653 Subsection 17B(1)\n\n","sortOrder":402},{"sectionNumber":"654","sectionType":"section","heading":"Section 18","content":"654 Section 18\n\nNational Museum of Australia Act 1980\n\n655 Subsection 26(1)\n\n656 Subsection 30(1)\n\n657 Subsections 30(2), (3) and (4)\n\n658 Subsection 31(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\nNational Occupational Health and Safety Commission Act 1985\n\n659 Subsection 12(1)\n\n660 Subsection 32(1)\n\n661 Subsection 53(1)\n\n662 Subsection 53(2)\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n","sortOrder":403},{"sectionNumber":"663","sectionType":"section","heading":"Subsection 54(1)","content":"663 Subsection 54(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":404},{"sectionNumber":"664","sectionType":"section","heading":"Subsection 54(1)","content":"664 Subsection 54(1)\n\nNational Parks and Wildlife Conservation Act 1975\n\n","sortOrder":405},{"sectionNumber":"665","sectionType":"section","heading":"Subsection 26(1)","content":"665 Subsection 26(1)\n\n","sortOrder":406},{"sectionNumber":"666","sectionType":"section","heading":"Subsection 34(1)","content":"666 Subsection 34(1)\n\nOmit “appointed or employed under the Public Service Act 1922‑1974”, substitute “engaged under the Public Service Act 1999”.\n\n","sortOrder":407},{"sectionNumber":"667","sectionType":"section","heading":"Subsections 34(2) and (3)","content":"667 Subsections 34(2) and (3)\n\n","sortOrder":408},{"sectionNumber":"668","sectionType":"section","heading":"Subsection 36(2)","content":"668 Subsection 36(2)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n","sortOrder":409},{"sectionNumber":"669","sectionType":"section","heading":"Subsection 36(2)","content":"669 Subsection 36(2)\n\nNational Roads Act 1974\n\n","sortOrder":410},{"sectionNumber":"670","sectionType":"section","heading":"Subsection 15(1)","content":"670 Subsection 15(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nNational Road Transport Commission Act 1991\n\n671 Subsection 29(1)\n\n672 Section 31\n\n673 Subsection 31(2)\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n","sortOrder":411},{"sectionNumber":"674","sectionType":"section","heading":"Paragraph 33(1)(a)","content":"674 Paragraph 33(1)(a)\n\n(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\n\nNational Transmission Network Sale Act 1998\n\n","sortOrder":412},{"sectionNumber":"675","sectionType":"section","heading":"Paragraph 23(1)(b)","content":"675 Paragraph 23(1)(b)\n\nOmit “a person holding, or performing the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\nNative Title Act 1993\n\n676 Subsection 102(1)\n\n677 Subsection 117(1)\n\n678 Subsection 130(3)\n\n  Employment etc. under Public Service Act\n  (3) The Deputy Registrars and the staff of the Tribunal are to be persons engaged under the Public Service Act 1999.\n\n","sortOrder":413},{"sectionNumber":"679","sectionType":"section","heading":"Subsection 130(4)","content":"679 Subsection 130(4)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.\n\n680 Subsection 130(4)\n\n681 Section 131\n\n131 Statutory Agency etc. for purposes of Public Service Act\n\n682 Subsection 183(7)\n\nNatural Heritage Trust of Australia Act 1997\n\n","sortOrder":414},{"sectionNumber":"683","sectionType":"section","heading":"Paragraph 45(1)(c)","content":"683 Paragraph 45(1)(c)\n\n(c) an SES employee or acting SES employee (whether or not in the Department);\n\n","sortOrder":415},{"sectionNumber":"684","sectionType":"section","heading":"Paragraph 46(1)(b)","content":"684 Paragraph 46(1)(b)\n\n(b) an SES employee or acting SES employee (whether or not in the Department of Primary Industries and Energy);\n\n","sortOrder":416},{"sectionNumber":"685","sectionType":"section","heading":"Section 54 (definition of Senior Executive Service office)","content":"685 Section 54 (definition of Senior Executive Service office)\n\nNatural Resources Management (Financial Assistance) Act 1992\n\n","sortOrder":417},{"sectionNumber":"686","sectionType":"section","heading":"Subsection 4(1) (definition of officer)","content":"686 Subsection 4(1) (definition of officer)\n\nNaval Defence Act 1910\n\n","sortOrder":418},{"sectionNumber":"687","sectionType":"section","heading":"Section 40 (definition of industrial award)","content":"687 Section 40 (definition of industrial award)\n\n> industrial award means an award within the meaning of the Workplace Relations Act 1996.\n\n","sortOrder":419},{"sectionNumber":"688","sectionType":"section","heading":"Section 42","content":"688 Section 42\n\nOmit all the words after “the Navy”.\n\n","sortOrder":420},{"sectionNumber":"689","sectionType":"section","heading":"Subsection 42C(1)","content":"689 Subsection 42C(1)\n\n","sortOrder":421},{"sectionNumber":"690","sectionType":"section","heading":"Subsection 42C(2)","content":"690 Subsection 42C(2)\n\nOmit “Section 64 of the Public Service Act 1922”, substitute “Section 75 of the Public Service Act 1999”.\n\n","sortOrder":422},{"sectionNumber":"691","sectionType":"section","heading":"Subsection 42C(2)","content":"691 Subsection 42C(2)\n\nOmit “officer”, substitute “APS employee”.\n\nNorfolk Island Act 1979\n\n","sortOrder":423},{"sectionNumber":"692","sectionType":"section","heading":"Paragraph 13(4)(a)","content":"692 Paragraph 13(4)(a)\n\n(a) is an APS employee; or\n\nNuclear Non‑Proliferation (Safeguards) Act 1987\n\n693 Subsection 4(1) (paragraph (a) of the definition of Commonwealth officer)\n\n694 Subsection 46(1)\n\n695 Section 55\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n","sortOrder":424},{"sectionNumber":"696","sectionType":"section","heading":"Subsection 5(1) (paragraph (a) of the definition of Department)","content":"696 Subsection 5(1) (paragraph (a) of the definition of Department)\n\n(a) an Agency (within the meaning of the Public Service Act 1999); or\n\n","sortOrder":425},{"sectionNumber":"697","sectionType":"section","heading":"Subsection 5(1) (paragraph (a) of the definition of Secretary)","content":"697 Subsection 5(1) (paragraph (a) of the definition of Secretary)\n\n(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\n\n","sortOrder":426},{"sectionNumber":"698","sectionType":"section","heading":"Section 51","content":"698 Section 51\n\n","sortOrder":427},{"sectionNumber":"699","sectionType":"section","heading":"Subsection 80(1)","content":"699 Subsection 80(1)\n\nOmit “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”.\n\n","sortOrder":428},{"sectionNumber":"700","sectionType":"section","heading":"Subsection 80(2)","content":"700 Subsection 80(2)\n\n","sortOrder":429},{"sectionNumber":"701","sectionType":"section","heading":"Subsection 80(2)","content":"701 Subsection 80(2)\n\nOccupational Health and Safety (Maritime Industry) Act 1993\n\n","sortOrder":430},{"sectionNumber":"702","sectionType":"section","heading":"Subsection 106(3)","content":"702 Subsection 106(3)\n\nOffice of National Assessments Act 1977\n\n","sortOrder":431},{"sectionNumber":"703","sectionType":"section","heading":"Section 3 (paragraph (e) of the definition of prescribed Commonwealth officer)","content":"703 Section 3 (paragraph (e) of the definition of prescribed Commonwealth officer)\n\n","sortOrder":432},{"sectionNumber":"704","sectionType":"section","heading":"Paragraph 6(2)(d)","content":"704 Paragraph 6(2)(d)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":433},{"sectionNumber":"705","sectionType":"section","heading":"Paragraph 7(2)(a)","content":"705 Paragraph 7(2)(a)\n\nOmit “an officer or officers of the Australian Public Service”, substitute “a person or persons appointed or engaged under the Public Service Act 1999”.\n\n706 Subsection 13(1)\n\n707 Paragraph 17(1)(a)\n\n708 Subsections 17(2) and (3)\n\n(a) the Director‑General and the APS employees assisting the Director‑General together constitute a Statutory Agency; and\n\n","sortOrder":434},{"sectionNumber":"709","sectionType":"section","heading":"Subsection 17(4)","content":"709 Subsection 17(4)\n\n","sortOrder":435},{"sectionNumber":"710","sectionType":"section","heading":"Subsection 17(4)","content":"710 Subsection 17(4)\n\nOmit “appointed or employed under the Public Service Act 1922 in the Department”, substitute “engaged under that Act in the Agency”.\n\nOmbudsman Act 1976\n\n","sortOrder":436},{"sectionNumber":"711","sectionType":"section","heading":"Subsection 3(1) (definition of Department)","content":"711 Subsection 3(1) (definition of Department)\n\nOmit “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”.\n\n","sortOrder":437},{"sectionNumber":"712","sectionType":"section","heading":"Subsection 3(1) (definition of Secretary)","content":"712 Subsection 3(1) (definition of Secretary)\n\n","sortOrder":438},{"sectionNumber":"713","sectionType":"section","heading":"Paragraph 5(2)(g)","content":"713 Paragraph 5(2)(g)\n\nAfter “office” (first and second occurring), insert “or position”.\n\n","sortOrder":439},{"sectionNumber":"714","sectionType":"section","heading":"Subsections 6(9), (10) and (11)","content":"714 Subsections 6(9), (10) and (11)\n\n  (9) If the Ombudsman forms the opinion:\n\n(a) that a complaint could have been made under the Public Service Act 1999; and\n\n(b) that the complaint could be more conveniently or effectively dealt with by the Public Service Commissioner;\n\n  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.\n  (10) If the Ombudsman makes a decision under subsection (9), the Ombudsman must:\n\n(a) transfer the complaint to the Public Service Commissioner as soon as is reasonably practicable; and\n\n(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\n\n(c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Public Service Commissioner.\n\n715 Subsection 25(1)\n\n716 Subsection 31(1)\n\n717 Subsections 31(2) and (3)\n\n(a) the Ombudsman and the APS employees assisting the Ombudsman together constitute a Statutory Agency; and\n\n(b) the Ombudsman is the Head of that Statutory Agency.\n\nOverseas Students (Refunds) Act 1990\n\n","sortOrder":440},{"sectionNumber":"718","sectionType":"section","heading":"Section 3 (definition of officer)","content":"718 Section 3 (definition of officer)\n\n","sortOrder":441},{"sectionNumber":"719","sectionType":"section","heading":"Subsection 5(1)","content":"719 Subsection 5(1)\n\nOmit “an officer of”, substitute “an APS employee in”.\n\n","sortOrder":442},{"sectionNumber":"720","sectionType":"section","heading":"Paragraph 10(b)","content":"720 Paragraph 10(b)\n\nOzone Protection Act 1989\n\n","sortOrder":443},{"sectionNumber":"721","sectionType":"section","heading":"Paragraph 49(1)(a)","content":"721 Paragraph 49(1)(a)\n\nOmit “the Australian Public Service or any other”, substitute “an”.\n\n","sortOrder":444},{"sectionNumber":"722","sectionType":"section","heading":"After paragraph 49(1)(a)","content":"722 After paragraph 49(1)(a)\n\n(b) a person engaged under the Public Service Act 1999; or\n\n","sortOrder":445},{"sectionNumber":"723","sectionType":"section","heading":"Section 67A","content":"723 Section 67A\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\nParliamentary Contributory Superannuation Act 1948\n\n","sortOrder":446},{"sectionNumber":"724","sectionType":"section","heading":"Subsection 21B(1) (paragraph (d) of the definition of holder of an office of profit under the Commonwealth)","content":"724 Subsection 21B(1) (paragraph (d) of the definition of holder of an office of profit under the Commonwealth)\n\n(d) the holder of an office of Secretary within the meaning of the Public Service Act 1999; or\n\nParliamentary Counsel Act 1970\n\n725 Subsection 7(1)\n\n726 Subsection 16(1)\n\n727 Subsections 16(2) and (3)\n\n(a) the First Parliamentary Counsel and the APS employees assisting the First Parliamentary Counsel together constitute a Statutory Agency; and\n\n(b) the First Parliamentary Counsel is the Head of that Statutory Agency.\n\nPatents Act 1990\n\n","sortOrder":447},{"sectionNumber":"728","sectionType":"section","heading":"Section 200A","content":"728 Section 200A\n\n","sortOrder":448},{"sectionNumber":"200A","sectionType":"section","heading":"Designated Manager","content":"200A Designated Manager\n\n  For the purposes of this Act, a person is the Designated Manager if the person occupies, or is acting in, a position that:\n\n(a) is usually occupied by an SES employee; and\n\n(b) has been declared by the Secretary to the Department, in writing, to be the position of Designated Manager.\n\n","sortOrder":449},{"sectionNumber":"729","sectionType":"section","heading":"Schedule 1 (paragraph (a) of the definition of employee)","content":"729 Schedule 1 (paragraph (a) of the definition of employee)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\n","sortOrder":450},{"sectionNumber":"730","sectionType":"section","heading":"Schedule 1 (paragraph (b) of the definition of employee)","content":"730 Schedule 1 (paragraph (b) of the definition of employee)\n\nPetroleum Excise (Prices) Act 1987\n\n","sortOrder":451},{"sectionNumber":"731","sectionType":"section","heading":"Subsection 4(2)","content":"731 Subsection 4(2)\n\nOmit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nPetroleum Resource Rent Tax Assessment Act 1987\n\n","sortOrder":452},{"sectionNumber":"732","sectionType":"section","heading":"Section 2 (definition of officer)","content":"732 Section 2 (definition of officer)\n\nPlant Breeder’s Rights Act 1994\n\n","sortOrder":453},{"sectionNumber":"733","sectionType":"section","heading":"Subsections 59(1) and (2)","content":"733 Subsections 59(1) and (2)\n\nOmit “another officer of the Department within the Senior Executive Service”, substitute “an SES employee, or acting SES employee, in the Department”.\n\nPooled Development Funds Act 1992\n\n","sortOrder":454},{"sectionNumber":"734","sectionType":"section","heading":"Section 68","content":"734 Section 68\n\nPrawn Export Promotion Act 1995\n\n","sortOrder":455},{"sectionNumber":"735","sectionType":"section","heading":"Paragraph 24(b)","content":"735 Paragraph 24(b)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nPrices Surveillance Act 1983\n\n","sortOrder":456},{"sectionNumber":"736","sectionType":"section","heading":"Subsection 43(4) (at the end of paragraph (a) of the definition of prescribed person)","content":"736 Subsection 43(4) (at the end of paragraph (a) of the definition of prescribed person)\n\nAdd:\n\n(iv) appointed or engaged under the Public Service Act 1999; or\n\nPrimary Industries Levies and Charges Collection Act 1991\n\n","sortOrder":457},{"sectionNumber":"737","sectionType":"section","heading":"Paragraph 26(b)","content":"737 Paragraph 26(b)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nPrivacy Act 1988\n\n","sortOrder":458},{"sectionNumber":"738","sectionType":"section","heading":"Subsection 6(1) (paragraph (a) of the definition of Commonwealth officer)","content":"738 Subsection 6(1) (paragraph (a) of the definition of Commonwealth officer)\n\nOmit “appointed or employed under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\n739 Subsection 6(1) (definition of Department)\n\n740 Subsection 6(1) (definition of Secretary)\n\n741 Subsection 22(1)\n\n742 Subsections 26A(1) and (2)\n\n  (1) The staff necessary to assist the Commissioner must be persons appointed or employed under the Public Service Act 1999.\n\n743 Subsection 50(1) (definition of Merit Protection Act)\n\n744 Subsection 50(1) (definition of Merit Protection Agency)\n\n745 Paragraph 50(2)(b)\n\nOmit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.\n\n","sortOrder":459},{"sectionNumber":"746","sectionType":"section","heading":"Subsection 50(2)","content":"746 Subsection 50(2)\n\nOmit “or the Merit Protection Agency” (wherever occurring), substitute “or the Public Service Commissioner”.\n\n","sortOrder":460},{"sectionNumber":"747","sectionType":"section","heading":"Paragraph 50(3)(b)","content":"747 Paragraph 50(3)(b)\n\nOmit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.\n\nProceeds of Crime Act 1987\n\n","sortOrder":461},{"sectionNumber":"748","sectionType":"section","heading":"Subsection 4(1) (definition of prescribed officer)","content":"748 Subsection 4(1) (definition of prescribed officer)\n\n> prescribed officer means an SES employee or acting SES employee in the Attorney‑General’s Department.\n\nProductivity Commission Act 1998\n\n749 Subsection 29(1)\n\n750 Subsection 44(1)\n\n751 Subsection 44(2)\n\nProtection of Movable Cultural Heritage Act 1986\n\n","sortOrder":462},{"sectionNumber":"752","sectionType":"section","heading":"Paragraph 24(1)(b)","content":"752 Paragraph 24(1)(b)\n\nPublic Lending Right Act 1985\n\n","sortOrder":463},{"sectionNumber":"753","sectionType":"section","heading":"Section 18","content":"753 Section 18\n\nPublic Service Act 1922\n\n","sortOrder":464},{"sectionNumber":"754","sectionType":"section","heading":"The whole of the Act","content":"754 The whole of the Act\n\nQantas Sale Act 1992\n\n","sortOrder":465},{"sectionNumber":"755","sectionType":"section","heading":"Subsection 11(1)","content":"755 Subsection 11(1)\n\nOmit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n","sortOrder":466},{"sectionNumber":"756","sectionType":"section","heading":"Subsection 11(2)","content":"756 Subsection 11(2)\n\n","sortOrder":467},{"sectionNumber":"757","sectionType":"section","heading":"Paragraphs 20(1)(d) and (e)","content":"757 Paragraphs 20(1)(d) and (e)\n\n(e) the Public Service Act 1999;\n\n","sortOrder":468},{"sectionNumber":"758","sectionType":"section","heading":"Subsection 31(3) (paragraph (b) of the definition of authorised person)","content":"758 Subsection 31(3) (paragraph (b) of the definition of authorised person)\n\n(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.\n\n","sortOrder":469},{"sectionNumber":"759","sectionType":"section","heading":"Subsection 40(4) (paragraph (c) of the definition of authorised person)","content":"759 Subsection 40(4) (paragraph (c) of the definition of authorised person)\n\n(c) an SES employee, or acting SES employee, in the Department.\n\nRacial Discrimination Act 1975\n\n","sortOrder":470},{"sectionNumber":"760","sectionType":"section","heading":"Subsection 32(1)","content":"760 Subsection 32(1)\n\nRadiocommunications Act 1992\n\n","sortOrder":471},{"sectionNumber":"761","sectionType":"section","heading":"Section 5 (paragraph (a) of the definition of Department)","content":"761 Section 5 (paragraph (a) of the definition of Department)\n\nOmit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.\n\n","sortOrder":472},{"sectionNumber":"762","sectionType":"section","heading":"Subsection 204(1)","content":"762 Subsection 204(1)\n\n","sortOrder":473},{"sectionNumber":"763","sectionType":"section","heading":"Subsection 248(1)","content":"763 Subsection 248(1)\n\nReferendum (Machinery Provisions) Act 1984\n\n","sortOrder":474},{"sectionNumber":"764","sectionType":"section","heading":"Section 3 (subparagraph (b)(iii) of the definition of authorized witness)","content":"764 Section 3 (subparagraph (b)(iii) of the definition of authorized witness)\n\nOmit “in the Australian Public Service or”.\n\n","sortOrder":475},{"sectionNumber":"765","sectionType":"section","heading":"Section 3 (after subparagraph (b)(iii) of the definition of authorized witness)","content":"765 Section 3 (after subparagraph (b)(iii) of the definition of authorized witness)\n\n(iiia) a person appointed or engaged under the Public Service Act 1999; or\n\n","sortOrder":476},{"sectionNumber":"766","sectionType":"section","heading":"Paragraph 11(4)(c)","content":"766 Paragraph 11(4)(c)\n\nOmit “officers or employees within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":477},{"sectionNumber":"767","sectionType":"section","heading":"Subsection 95B(1)","content":"767 Subsection 95B(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":478},{"sectionNumber":"768","sectionType":"section","heading":"Subsection 95B(7)","content":"768 Subsection 95B(7)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nRegistration of Deaths Abroad Act 1984\n\n","sortOrder":479},{"sectionNumber":"769","sectionType":"section","heading":"Subsection 5(2)","content":"769 Subsection 5(2)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n","sortOrder":480},{"sectionNumber":"770","sectionType":"section","heading":"Subsection 6(1)","content":"770 Subsection 6(1)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n","sortOrder":481},{"sectionNumber":"771","sectionType":"section","heading":"Paragraph 26(1)(a)","content":"771 Paragraph 26(1)(a)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\nRemuneration and Allowances Act 1990\n\n","sortOrder":482},{"sectionNumber":"772","sectionType":"section","heading":"After section 8","content":"772 After section 8\n\n","sortOrder":483},{"sectionNumber":"8A","sectionType":"section","heading":"Regulations","content":"8A Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n773 Clause 7 of Schedule 1\n\n774 Clause 5 of Schedule 2\n\n775 Subclauses 1(2) and (3) of Schedule 3\n\nRepeal the subclauses, substitute:\n\n  (2) The Members of Parliament annual salary is equal to:\n\n(a) the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2; or\n\n(b) if the regulations prescribe a percentage (not more than 100%) of a reference salary—that percentage of the reference salary.\n\n  (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.\n  (4) In this clause:\n\n> principal executive classification means a classification determined by the Remuneration Tribunal under subsection 5(2A) of the Remuneration Tribunal Act 1973.\n\n> reference salary means:\n\n(a) the annual salary applicable to an office under a determination of the Remuneration Tribunal; or\n\n(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.\n\nRemuneration Tribunal Act 1973\n\n","sortOrder":484},{"sectionNumber":"776","sectionType":"section","heading":"Part II (heading)","content":"776 Part II (heading)\n\nRepeal the heading, substitute:\n\n## Part II Remuneration etc. for certain offices and appointments\n\n# Schedule 1—Repeals and amendments\n\nAboriginal and Torres Strait Islander Commission Act 1989\n\n1 Subsection 35(1)\n\n2 Subsection 49(1)\n\n3 Subsection 55(1)\n\n4 Subsection 55(2)\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n5 Subsection 77C(1)\n\n6 Subsection 77E(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n7 Subsection 124C(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n8 Subsection 124E(1)\n\n9 Subsection 127D(1)\n\n10 Subsection 143P(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n11 Subsection 143Z(1)\n\n12 Subsection 144K(1)\n\n13 Subsection 144R(1)\n\n14 Subsection 144R(2)\n\n(a) the TSRA General Manager and the APS employees assisting the TSRA General Manager together constitute a Statutory Agency; and\n\n(b) the TSRA General Manager is the Head of that Statutory Agency.\n\n15 Subsection 144ZK(1)\n\n16 Subsection 144ZM(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n17 Subsection 192D(2)\n\n18 Subsection 200(1)\n\n19 Subsection 200(2)\n\n(a) the General Manager of Aboriginal Hostels Limited, and the APS employees assisting Aboriginal Hostels Limited, together constitute a Statutory Agency; and\n\n(b) the General Manager of Aboriginal Hostels Limited is the Head of that Statutory Agency.\n\nAboriginal and Torres Strait Islander Heritage Protection Act 1984\n\n20 Subsection 30(2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.\n\n21 Subsection 30(2)\n\nAboriginal and Torres Strait Islander Heritage Protection Act 1999\n\n22 Subsection 14(1)\n\n23 Subsection 16(1)\n\nOmit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”.\n\n24 Section 20\n\n25 Subsection 79(5) (paragraph (b) of the definition of authorised person)\n\n(b) a person appointed or engaged under the Public Service Act 1999 who is authorised in writing by the Attorney-General under this section.\n\n26 Subsection 80(2)\n\nOmit “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”.\n\nAboriginal Councils and Associations Act 1976\n\n27 Subsection 4(4)\n\nAboriginal Land Rights (Northern Territory) Act 1976\n\n28 Paragraph 23E(3)(b)\n\n29 Paragraph 54C(2)(b)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.\n\n30 Subsection 54C(2)\n\nOmit “the officer” (wherever occurring), substitute “the public servant”.\n\n31 Section 59\n\nACIS Administration Act 1999\n\n32 Subsection 115(1)\n\nActs Interpretation Act 1901\n\n33 After section 17\n\n##### 17AA Definitions relating to the Australian Public Service\n\n  In any Act, unless the contrary intention appears:\n\n> acting SES employee has the same meaning as in the Public Service Act 1999.\n\n> APS employee has the same meaning as in the Public Service Act 1999.\n\n> SES employee has the same meaning as in the Public Service Act 1999.\n\n34 Paragraph 19B(3)(a)\n\nOmit “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”.\n\n35 Paragraph 19BA(3)(a)\n\nOmit “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”.\n\n36 At the end of section 19C\n\nAdd:\n\n37 At the end of section 21\n\nAdd:\n\n38 At the end of section 25B\n\nAdd:\n\n  (3) In this section:\n\n39 After subsection 33(2)\n\n  (2AA) In subsection (2), office includes a position occupied by an APS employee.\n\n40 At the end of section 33A\n\nAdd:\n\nAdministrative Appeals Tribunal Act 1975\n\n41 Subsection 12(1)\n\n42 Subsection 24G(1)\n\n43 Subsection 24N(3)\n\n44 Subsection 24N(4)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.\n\n45 Subsection 24N(4)\n\n46 Section 24P\n\n24P Statutory Agency etc. for purposes of Public Service Act\n\n47 Section 57\n\nOmit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.\n\nAdministrative Arrangements Act 1987\n\n48 Subsection 19(1)\n\nOmit all the words after “include, references”, substitute “to an SES employee, or acting SES employee, in the Department who is specified in the notice”.\n\n49 Subsection 19(2)\n\nOmit all the words after “the specified”, substitute “SES employee or acting SES employee”.\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n50 Paragraph (r) of Schedule 2\n\n51 Paragraph (s) of Schedule 2\n\n52 Subparagraph (t)(ii) of Schedule 2\n\n53 Paragraph (w) of Schedule 2\n\nAffirmative Action (Equal Employment Opportunity for Women) Act 1986\n\n54 Subsection 29(1)\n\n55 Subsection 29(2)\n\nAged Care Act 1997\n\n56 Clause 1 of Schedule 1 (definition of officer)\n\nAged Care Income Testing Act 1997\n\n57 Section 3 (definition of officer)\n\nAgricultural and Veterinary Chemicals (Administration) Act 1992\n\n58 Paragraph 11(1)(e)\n\n(e) a person appointed or engaged under the Public Service Act 1999;\n\n59 Section 39\n\n60 Paragraph 46(1)(a)\n\nOmit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.\n\n61 Subsection 69F(1)\n\nAgricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994\n\n62 Subsection 18(1)\n\nAircraft Noise Levy Collection Act 1995\n\n63 Paragraph 10(3)(a)\n\n64 Subsection 14(3)\n\n65 Subsection 17(2)\n\n66 Paragraph 18(3)(a)\n\nAirline Equipment (Loan Guarantee) Act 1972\n\n67 Subparagraph 4(d)(i)\n\nOmit “officers employed in the Commonwealth Service”, substitute “APS employees”.\n\n68 Subparagraph 4(d)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1976\n\n69 Subparagraph 5(d)(i)\n\n70 Subparagraph 5(d)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1977\n\n71 Subparagraph 5(d)(i)\n\n72 Subparagraph 5(d)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1978\n\n73 Subparagraph 5(d)(i)\n\n74 Subparagraph 5(d)(ii)\n\nAirline Equipment (Loan Guarantee) Act (No. 2) 1978\n\n75 Subparagraph 6(e)(i)\n\n76 Subparagraph 6(e)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1980\n\n77 Subparagraph 5(e)(i)\n\n78 Subparagraph 5(e)(ii)\n\nAirline Equipment (Loan Guarantee) Act 1981\n\n79 Subparagraph 5(e)(i)\n\n80 Subparagraph 5(e)(ii)\n\nAirports Act 1996\n\n81 Paragraph 244(1)(b)\n\n82 Subsection 244(2)\n\n83 Subsection 249(3)\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n84 Subsection 249(7) (definition of Senior Executive Service office)\n\nAir Services Act 1995\n\n85 Subsection 30(1)\n\nAlbury‑Wodonga Development Act 1973\n\n86 Subsection 3(1) (definition of Australian Public Service)\n\nOmit “service established under the Public Service Act 1922‑1973”, substitute “APS within the meaning of the Public Service Act 1999”.\n\n87 Paragraph 8(1)(e)\n\nOmit “for Departments”, substitute “for Agencies (within the meaning of the Public Service Act 1999)”.\n\n88 Paragraph 8(1)(e)\n\nOmit “those Departments”, substitute “those Agencies”.\n\n89 Subsection 21(3)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n90 Subsection 21(3)\n\n91 Section 22\n\nA New Tax System (Australian Business Number) Act 1999\n\n92 Subparagraph 30(3)(c)(i)\n\n(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\n\n93 Subparagraph 30(3)(d)(i)\n\n(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\n\n94 Section 41 (paragraph (c) of the definition of government entity)\n\nA New Tax System (Commonwealth-State Financial Arrangements) Act 1999\n\n95 Subsection 21(1)\n\nANL Guarantee Act 1994\n\n96 Subsection 5(1)\n\nOmit “an officer in the Senior Executive Service”, substitute “a person who is an SES employee or acting SES employee”.\n\n97 Subsection 5(2)\n\nOmit “officer”, substitute “person”.\n\nAnti-Personnel Mines Convention Act 1998\n\n98 Paragraph 29(1)(b)\n\n(b) an SES employee, or acting SES employee, whether or not in the Department;\n\n99 Paragraph 29(3)(d)\n\n(d) an SES employee, or acting SES employee, whether or not in the Department;\n\nArchives Act 1983\n\n100 Subsection 3(1) (definition of Director‑General)\n\n101 Subsection 7(1)\n\nOmit “hold office under the Public Service Act 1922”, substitute “be a person appointed or engaged under the Public Service Act 1999”.\n\n102 Section 9\n\n103 Paragraph 34(8)(a)\n\n(a) the Secretary of a Department (within the meaning of the Public Service Act 1999); or\n\nAuditor‑General Act 1997\n\n104 Subsection 40(1)\n\n105 After subsection 40(1)\n\n  (1A) For the purposes of the Public Service Act 1999:\n\n(a) the Auditor‑General and the APS employees assisting the Auditor‑General together constitute a Statutory Agency; and\n\n(b) the Auditor‑General is the Head of that Statutory Agency.\n\n106 Subclause 4(1) of Schedule 1\n\nAustralia Council Act 1975\n\n107 Subsection 12(1)\n\n108 Subsection 16(5)\n\n109 Subsection 19C(1)\n\nAustralia‑Japan Foundation Act 1976\n\n110 Section 20\n\nOmit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.\n\nAustralian Bicentennial Road Development Trust Fund Act 1982\n\n111 Subsection 26(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nAustralian Broadcasting Corporation Act 1983\n\n112 Subsection 14A(1)\n\nAustralian Bureau of Statistics Act 1975\n\n113 Subparagraph 6(5)(b)(i)\n\n(i) an Agency within the meaning of the Public Service Act 1999; or\n\n114 Subsection 16(1)\n\nOmit “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”.\n\n115 Subsection 16(3)\n\nOmit “, with the approval of the Public Service Board,”.\n\n116 Subsections 16(4) and (5)\n\n(a) the Statistician and the APS employees assisting the Statistician together constitute a Statutory Agency; and\n\n(b) the Statistician is the Head of that Statutory Agency.\n\nAustralian Capital Territory Government Service (Consequential Provisions) Act 1994\n\n117 Subsection 3(1) (definition of unattached officer)\n\n118 Sections 6 and 7\n\n119 Subsection 8(1)\n\nAfter “where”, insert “before the commencement of the Public Service Act 1999”.\n\n120 Subsection 8(2)\n\nAfter “Secretary” (first occurring), insert “or Agency Head (within the meaning of the Public Service Act 1999)”.\n\n121 Subsection 8(2)\n\nAfter “Secretary” (last occurring), insert “or Agency Head”.\n\n122 Subsection 8(3)\n\nAfter “Secretary”, insert “or Agency Head (within the meaning of the Public Service Act 1999)”.\n\n123 Subsection 8(5)\n\nAfter “Secretary”, insert “or Agency Head”.\n\n124 Section 10\n\nOmit “The Secretary of a Department of the Australian Public Service”, substitute “An Agency Head (within the meaning of the Public Service Act 1999)”.\n\n125 Paragraph 10(a)\n\nOmit “Department”, substitute “Agency (within the meaning of that Act)”.\n\n126 Paragraph 10(b)\n\nOmit “Secretary”, substitute “Agency Head”.\n\n127 Part 3\n\n128 Section 24\n\n129 Subsection 25(1)\n\n  (1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999.\n\n130 Subsection 25(2)\n\n131 Subsection 25(3)\n\nOmit “appointment to an office or as an unattached officer”, substitute “engagement as an APS employee”.\n\n132 Subsections 25(3) and (4)\n\n133 Subsection 25(4)\n\nOmit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.\n\n134 Subsection 25(4)\n\nOmit “an officer of the Australian Public Service”, substitute “an APS employee”.\n\n135 Subsection 25(5)\n\nOmit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”.\n\n136 Subsection 25(5)\n\nOmit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.\n\n137 Subsection 25(6)\n\nOmit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”.\n\nNote: The heading to section 25 is replaced by the heading “Leave entitlements”.\n\n138 Subparagraph 26(2)(a)(i)\n\n139 Paragraph 26(2)(b)\n\nOmit “under a provision corresponding to section 6 of this Act”.\n\n140 Paragraph 26(3)(b)\n\nAfter “Public Service Act 1922”, insert “or the Public Service Act 1999”.\n\nAustralian Capital Territory (Planning and Land Management) Act 1988\n\n141 Subsection 38(1)\n\n142 Subsection 47(1)\n\n143 Subsection 47(2)\n\n(a) the Chief Executive and the APS employees assisting the Chief Executive together constitute a Statutory Agency; and\n\n(b) the Chief Executive is the Head of that Statutory Agency.\n\nAustralian Centre for International Agricultural Research Act 1982\n\n144 Paragraph 19(1)(c)\n\nOmit “office”, substitute “position”.\n\n145 Subsection 26(1)\n\n146 Subsection 30(1)\n\n147 Subsections 30(2) and (3)\n\n148 Subsection 31(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n149 Subsection 31(1)\n\nAustralian Communications Authority Act 1997\n\n150 Section 3\n\n151 Section 4 (definition of Chairman)\n\n> Chair means the Chair of the ACA.\n\n152 Section 4 (definition of Deputy Chairman)\n\n> Deputy Chair means the Deputy Chair of the ACA.\n\n153 Section 16\n\n154 Subsections 17(2) and (3)\n\n155 Subsections 22(3), (4) and (5)\n\n156 Section 24\n\n157 Subsections 34(1) and (2)\n\n158 Subsection 35(1)\n\nOmit “This subsection has effect subject to section 87E of the Public Service Act 1922.”.\n\n159 Subsections 35(2), (3) and (4)\n\n160 Subsections 39(1), (2) and (3)\n\n161 Subsection 40(1)\n\n162 Subsection 40(2)\n\n163 Subsections 48(4) and (5)\n\nAustralia New Zealand Food Authority Act 1991\n\n164 Paragraph 38(a)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n165 Paragraphs 38(d) and (e)\n\n166 Paragraph 39(7)(a)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n167 Paragraph 39(7)(a)\n\n168 Subsection 53(1)\n\n169 Subsection 53(2)\n\nAustralian Federal Police Act 1979\n\n170 Subsection 21(1)\n\n171 After subsection 31(3)\n\n  (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.\n  (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:\n\n(a) Part IV of the Public Service Act 1922;\n\n(b) Division 3 of Part IV of the Public Service Act 1922;\n\n(c) the Officers’ Rights Declaration Act 1928.\n\nAustralian Film Commission Act 1975\n\n172 Subsection 18(1)\n\nAustralian Film, Television and Radio School Act 1973\n\n173 Subsection 17(1)\n\nAustralian Hearing Services Act 1991\n\n174 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)\n\nOmit “an officer or employee, within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n175 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee)\n\nOmit “within the meaning of that Act”.\n\n176 Paragraph 67(7)(a)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n177 Paragraph 67(7)(a)\n\n178 Paragraph 68(a)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n179 Paragraphs 68(d) and (e)\n\n180 Paragraph 69(b)\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\nAustralian Heritage Commission Act 1975\n\n181 Subsection 3(1) (definition of Department)\n\nOmit “a department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\n182 Subsection 12(3)\n\nOmit “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”.\n\n183 Subsection 32(1)\n\nOmit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”.\n\n184 Section 33\n\nOmit “Department of the Commonwealth Government”, substitute “Agency (within the meaning of the Public Service Act 1999)”.\n\n185 Section 33\n\nAustralian Industry Development Corporation Act 1970\n\n186 Section 29W\n\n187 Subsection 34E(6) (paragraph (c) of the definition of associated person)\n\n188 Paragraph 34X(1)(c)\n\n189 Subsection 34X(2)\n\n190 Paragraph 37A(1)(c)\n\n(c) an SES employee or acting SES employee, whether or not in the Department;\n\n191 Subsection 37A(2)\n\nAustralian Institute of Aboriginal and Torres Strait Islander Studies Act 1989\n\n192 Subsection 29(1)\n\n193 Subsection 29(2)\n\n(a) the Principal and the APS employees assisting the Principal together constitute a Statutory Agency; and\n\n(b) the Principal is the Head of that Statutory Agency.\n\n194 Section 45A\n\nAustralian Institute of Health and Welfare Act 1987\n\n195 Subsection 11(1)\n\n196 Paragraph 19(1)(a)\n\n197 Subsection 19(2)\n\nAustralian Institute of Marine Science Act 1972\n\n198 Subsection 25(1)\n\n199 Section 34\n\nAustralian Land Transport Development Act 1988\n\n200 Section 39\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nAustralian Land Transport (Financial Assistance) Act 1985\n\n201 Subsection 36(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nAustralian Law Reform Commission Act 1996\n\n202 Subsection 19(1)\n\nAustralian Maritime Safety Authority Act 1990\n\n203 Subsection 17(1)\n\n204 Subsection 51A(1)\n\n205 Paragraph 57(a)\n\nOmit “, or Associate Secretary,”.\n\n206 Paragraph 57(b)\n\nAustralian Meat and Live-stock Industry Act 1997\n\n207 Subsection 70(3) (definition of SES employee)\n\nAustralian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997\n\n208 Item 10 of Schedule 5 (definition of officer)\n\n209 Item 23 of Schedule 5 (definition of officer)\n\nAustralian Meat and Live-stock (Quotas) Act 1990\n\n210 Section 8A\n\nOmit “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”.\n\nAustralian National Maritime Museum Act 1990\n\n211 Subsection 34(1)\n\n212 Subsection 40(1)\n\n213 Subsection 40(2)\n\n214 Subsection 41(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n215 Subsection 41(1)\n\nAustralian National Railways Commission Act 1983\n\n216 Subsection 67AZB(5) (paragraph (c) of the definition of associated person)\n\n217 Paragraph 67AZV(1)(c)\n\n218 Subsection 67AZV(2)\n\nAustralian National Training Authority Act 1992\n\n219 Subsection 30(1)\n\n220 Paragraph 40A(1)(a)\n\nOmit “of a Department of the Australian Public Service or”.\n\n221 After paragraph 40A(1)(a)\n\n(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\n\n222 Subsection 43(1)\n\n223 Subsection 45(4)\n\n224 Subsections 45(5), (6) and (7)\n\n  (5) For the purposes of the Public Service Act 1999:\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n225 Paragraph 46(1)(a)\n\nOmit “of Departments of the Australian Public Service, and”.\n\n226 After paragraph 46(1)(a)\n\n(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\n\nAustralian Nuclear Science and Technology Organisation Act 1987\n\n227 Subsection 21A(1)\n\n228 Subsection 24(2)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n229 Subsection 24(2)\n\n230 Subsection 37J(1)\n\n231 Subsection 37P(2)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n232 Subsection 37P(2)\n\nAustralian Protective Service Act 1987\n\n233 Subsection 9(1)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\n234 Subsection 9(2)\n\nOmit “Secretary within the meaning of the Public Service Act 1922”, substitute “Agency Head within the meaning of the Public Service Act 1999”.\n\n235 Paragraph 12(3)(c)\n\n(c) a determination made under section 24 of the Public Service Act 1999;\n\nAustralian Prudential Regulation Authority Act 1998\n\n236 Subsection 9A(4)\n\nOmit “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”.\n\nAustralian Radiation Protection and Nuclear Safety Act 1998\n\n237 Subsection 48(1)\n\n238 Subsections 58(1) and (2)\n\n  (1) The staff necessary to assist the CEO are to be persons engaged under the Public Service Act 1999.\n\nAustralian Securities and Investments Commission Act 1989\n\n239 Subsection 113(1)\n\n240 Subsection 120(1)\n\n241 Subsection 120(2)\n\n(b) the Chairperson of the Commission is the Head of that Statutory Agency.\n\n242 Subsection 120(3)\n\nOmit “Commission” (wherever occurring), substitute “Chairperson”.\n\n243 Subsection 120(4)\n\n244 Subsection 121(1)\n\nOmit “The Commission may”, substitute “The Chairperson may”.\n\n245 Subsection 121(2)\n\n246 Paragraph 122(a)\n\nOmit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.\n\n247 Paragraph 125(1)(a)\n\n248 Subsection 156(1)\n\n249 Subsection 156(2)\n\n(a) the Convenor and the APS employees assisting the Convenor together constitute a Statutory Agency; and\n\n(b) the Convenor is the Head of that Statutory Agency.\n\n250 Paragraph 158(a)\n\nOmit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”.\n\n251 Subsection 180(1)\n\nAustralian Security Intelligence Organisation Act 1979\n\n252 Section 4 (paragraph (a) of the definition of authority of the Commonwealth)\n\nOmit “a Department of the Public Service”, substitute “an Agency within the meaning of the Public Service Act 1999”.\n\n253 Subsection 11(1)\n\n254 Subsection 24(3) (definition of Senior Executive Service office)\n\n255 Subsection 24(3) (paragraph (a) of the definition of senior officer of the Organisation)\n\n(a) equivalent to a position occupied by an SES employee; or\n\n256 Section 86\n\n257 Subsection 90(5)\n\n258 Section 90A\n\nAustralian Space Council Act 1994\n\n259 Section 27\n\nAustralian Sports Commission Act 1989\n\n260 Subsection 14(1)\n\n261 Subsection 35(1)\n\n262 Subsection 41(3)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n263 Subsection 41(3)\n\nAustralian Sports Drug Agency Act 1990\n\n264 Subsection 33(3)\n\n265 Subsection 56(3)\n\nOmit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n266 Subsection 56(3)\n\nOmit “Department” (second occurring), substitute “Agency”.\n\nAustralian Tourist Commission Act 1987\n\n267 Subsection 13(4)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n268 Subsection 18(3)\n\n269 Subsection 36(1)\n\nAustralian Trade Commission Act 1985\n\n270 Subsection 3(1) (definition of Australian authority)\n\nOmit “a Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\n271 Subsection 57(1)\n\n272 Section 63\n\nAustralian War Memorial Act 1980\n\n273 Subsection 23(1)\n\n274 Subsection 27(1)\n\n275 Subsections 27(2), (3) and (4)\n\n276 Subsection 28(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\nAustralian Wine and Brandy Corporation Act 1980\n\n277 Subsection 39ZL(1A)\n\nOmit “a Department of the Commonwealth”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\nNote: This item corrects a misdescribed amendment of the Australian Wine and Brandy Corporation Act 1980.\n\nAustralian Wool Research and Promotion Organisation Act 1993\n\n278 Subsection 4(1) (definition of designated group)\n\n(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n\nBank Integration Act 1991\n\n279 Subsection 5(1) (subparagraph (b)(ii) of the definition of authorised person)\n\n(ii) an SES employee or acting SES employee;\n\nBankruptcy Act 1966\n\n280 Subsection 31A(5)\n\nBounty (Books) Act 1986\n\n281 Subsection 32(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nBroadcasting Services Act 1992\n\n282 Subsection 165(1)\n\n283 Subsection 165(2)\n\nChemical Weapons (Prohibition) Act 1994\n\n284 Paragraph 99(c)\n\nChild Support (Assessment) Act 1989\n\n285 Subparagraph 149(1)(c)(i)\n\n(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\n\n286 Subsection 150(1) (subparagraph (c)(i) of the definition of person to whom this section applies)\n\n(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\n\nChild Support (Registration and Collection) Act 1988\n\n287 Subparagraph 15(1)(c)(i)\n\n(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\n\n288 Subsection 16(1) (subparagraph (c)(i) of the definition of person to whom this section applies)\n\n(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\n\nChristmas Island Act 1958\n\n289 Paragraph 8G(7)(h)\n\n290 Subsection 17(1)\n\n291 Subsection 17(3)\n\nCivil Aviation Act 1988\n\n292 Subsection 37(1)\n\nClassification (Publications, Films and Computer Games) Act 1995\n\n293 Subsection 54(1)\n\n294 Subsection 54(2)\n\n295 Subsection 59(2)\n\nOmit “an officer of the Australian Public Service”, substitute “appointed or engaged under the Public Service Act 1999”.\n\n296 Subsection 61(1)\n\nCocos (Keeling) Islands Act 1955\n\n297 Paragraph 8G(7)(h)\n\n298 Subsections 15A(1) and (3)\n\nCommonwealth Authorities and Companies Act 1997\n\n299 Subsection 23(2)\n\nOmit “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”.\n\nCommonwealth Bank Sale Act 1995\n\n300 Subsection 20(5) (subparagraph (c)(i) of the definition of authorised person)\n\n(i) is an SES employee, or acting SES employee, in the Department; and\n\nCommonwealth Electoral Act 1918\n\n301 Paragraph 6(5)(a)\n\n(a) an office of Agency Head (within the meaning of the Public Service Act 1999); or\n\n302 Subsection 23(1)\n\n303 Paragraph 29(1)(a)\n\n(a) persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and\n\n304 Subsection 29(2)\n\n(a) the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and\n\n(b) the Electoral Commissioner is the Head of that Statutory Agency.\n\n305 Subsection 35(3)\n\nOmit all the words after “Commission”.\n\n306 Subsection 35(5)\n\n307 Paragraph 60(3)(b)\n\n308 Paragraph 60(3)(b)\n\nOmit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.\n\n309 Paragraph 60(3A)(d)\n\nOmit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”.\n\n310 Paragraph 60(4)(b)\n\n311 Subsection 91(1) (definition of Secretary of a Department)\n\n312 Paragraph 91(11)(a)\n\nOmit “Secretary of a Department”, substitute “Agency Head of an Agency (within the meaning of the Public Service Act 1999)”.\n\n313 Paragraph 193(2)(b)\n\n(b) a person appointed or engaged under the Public Service Act 1999;\n\n314 Subsection 279B(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n315 Subsection 279B(7)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n316 Subsection 311A(4) (paragraph (c) of the definition of Commonwealth Department)\n\n(c) an Agency (within the meaning of the Public Service Act 1999).\n\n317 Subsection 311A(4) (paragraph (b) of the definition of principal officer)\n\n(b) in relation to an Agency—the Agency Head (within the meaning of the Public Service Act 1999) of the Agency.\n\nCommonwealth Grants Commission Act 1973\n\n318 Subsection 10(1)\n\n319 Subsection 15(2)\n\nOmit “officers or employees employed under the Public Service Act 1922”, substitute “APS employees”.\n\nCommonwealth Inscribed Stock Act 1911\n\n320 Paragraph 51H(2)(b)\n\n321 Paragraph 51K(1)(a)\n\nCommonwealth Legal Aid Act 1977\n\n322 Part IV\n\nCommonwealth Serum Laboratories Act 1961\n\n323 Subsection 19X(1)\n\nOmit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n324 Subsection 19X(2)\n\nCommonwealth Services Delivery Agency Act 1997\n\n325 Section 3 (paragraph (a) of the definition of principal officer)\n\n326 Subsection 35(1)\n\n327 Subsection 35(2)\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\nCommonwealth Superannuation Board Act 1999\n\n328 Subsection 23(10) (paragraph (c) of the definition of agency)\n\n329 Subsection 24(10) (paragraph (c) of the definition of agency)\n\nCommonwealth Vehicles (Registration and Exemption from Taxation) Act 1997\n\n330 Section 7\n\n7 Registrar\n\n  (1) There is to be a position in the Department whose duties include the general control of the register.\n  (2) The Registrar is the APS employee who is performing the duties of the position referred to in subsection (1).\n\nComplaints (Australian Federal Police) Act 1981\n\n331 Paragraph 41(1)(c)\n\n332 Subsection 64(3)\n\nConstitutional Convention (Election) Act 1997\n\n333 Paragraph 102(6)(a)\n\n334 Subsection 113(1)\n\n335 Subsection 113(7)\n\nConstruction Industry Reform and Development Act 1992\n\n336 Subsection 38(1)\n\nCo‑operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978\n\n337 Paragraph 5(c)\n\nOmit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.\n\nCopyright Act 1968\n\n338 Subsection 170(2)\n\nOmit “Public Service Act 1922‑1968”, substitute “Public Service Act 1999”.\n\nCorporate Law Economic Reform Program Act 1999\n\n339 Item 11 of Schedule 5 (new subsection 27A(2))\n\nOmit “officer or employee within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nCouncil for Aboriginal Reconciliation Act 1991\n\n340 Subsection 20(1)\n\n341 Section 26\n\n342 Paragraph 29(1)(c)\n\n(c) an SES employee or acting SES employee.\n\nCrimes Act 1914\n\n343 Subsection 3(1) (paragraph (a) of the definition of Commonwealth officer)\n\n344 Subsection 16(1) (paragraph (b) of the definition of parole officer)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n345 Subsection 21F(3)\n\nOmit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”.\n\n346 Subsection 56(2) (definition of eligible person)\n\nOmit “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”.\n\n347 Section 85ZL (definition of Commonwealth Department)\n\nOmit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.\n\n348 Section 85ZL\n\n> Secretary, in relation to a Commonwealth Department, means the Agency Head within the meaning of the Public Service Act 1999.\n\nCrimes (Aviation) Act 1991\n\n349 Subsection 3(1) (paragraph (c) of the definition of authorised person)\n\nOmit “a Senior Executive Service officer employed under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.\n\n350 Subsection 3(1) (paragraph (d) of the definition of authorised person)\n\n351 Subparagraph 23(2)(c)(i)\n\nOmit “an officer of, or a person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.\n\nCriminology Research Act 1971\n\n352 Subsection 19(1)\n\nCSL Sale Act 1993\n\n353 Subsection 44(3) (paragraph (b) of the definition of authorised person)\n\n354 Subsection 47(4) (paragraph (c) of the definition of authorised person)\n\n(c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.\n\nCustoms Act 1901\n\n355 Subsection 208DA(1) (definition of prescribed officer)\n\n> prescribed officer means an SES employee, or acting SES employee, in the Attorney‑General’s Department.\n\nCustoms Administration Act 1985\n\n356 Subsection 9(1)\n\n357 Subsection 15(1)\n\n358 Subsection 15(2)\n\nDairy Produce Act 1986\n\n359 Paragraph 109C(b)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n360 Clause 1 of the Schedule (definition of designated group)\n\n(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n\nDebits Tax Administration Act 1982\n\n361 Subsection 3(1) (definition of officer)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nDefence Act 1903\n\n362 Paragraph 58B(1A)(a)\n\n363 Subsection 73A(1)\n\nOmit “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”.\n\n364 Subsection 120B(16) (definition of paying officer)\n\n365 Subsection 123(2)\n\nOmit “officer within the meaning of the Public Service Act 1922”, substitute “APS employee”.\n\n366 Subparagraph 123(2)(a)(i)\n\nOmit “officer or employee within the meaning of that Act”, substitute “APS employee”.\n\n367 Subsection 124(1A)\n\nDefence Force Discipline Act 1982\n\n368 Subsections 175(1) and (2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nDefence Force Discipline Appeals Act 1955\n\n369 Subsection 19(4)\n\nDefence Force Retirement and Death Benefits Act 1973\n\n370 Subsection 131(4)\n\nDefence Housing Authority Act 1987\n\n371 Subsection 3(1) (definition of designated office in the Department)\n\n372 Subsection 3(1)\n\n> designated position in the Department means a position in the Department that:\n\n(a) is designated, in writing, by the Minister for the purposes of section 60; and\n\n(b) is occupied by an SES employee or acting SES employee.\n\n373 Paragraph 12(1)(c)\n\nOmit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n374 Subparagraph 41(4)(e)(i)\n\nOmit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999 and”.\n\n375 Subparagraph 41(4)(e)(ii)\n\nOmit “officers of the Australian Public Service”, substitute “those persons”.\n\n376 Subsection 51(1)\n\n377 Paragraph 57(1)(a)\n\n378 Subsections 57(2) and (3)\n\n(a) the Managing Director and the APS employees assisting the Managing Director together constitute a Statutory Agency; and\n\n(b) the Managing Director is the Head of that Statutory Agency.\n\n379 Subsections 60(1) and (2)\n\nOmit “designated office”, substitute “designated position”.\n\n380 Subsection 60(4)\n\nOmit “designated office” (wherever occurring), substitute “designated position”.\n\nDefence Service Homes Act 1918\n\n381 Subsection 23J(2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.\n\n382 Subsection 23J(2)\n\nOmit “or officer” (wherever occurring), substitute “or public servant”.\n\nDefence (Special Undertakings) Act 1952\n\n383 Section 4 (paragraph (a) of the definition of Commonwealth officer)\n\nDefence (Visiting Forces) Act 1963\n\n384 Subsection 28(1)\n\nOmit “an officer holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”.\n\nDesigns Act 1906\n\n385 Subsection 8A(1)\n\nOmit all the words after “any other Act”, substitute “to a prescribed person engaged under the Public Service Act 1999 in the Designs Office”.\n\n386 Subsection 8A(2)\n\nDevelopment Allowance Authority Act 1992\n\n387 Subsection 103(1)\n\n388 Subparagraph 107(3)(c)(ii)\n\nOmit “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”.\n\n389 Section 108\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\nDirector of Public Prosecutions Act 1983\n\n390 Subsection 20(1)\n\n391 Subsection 27(1)\n\n392 Subsection 27(2)\n\n393 Paragraph 31(1A)(b)\n\n(b) an SES employee.\n\nDisability Discrimination Act 1992\n\n394 Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)\n\n395 Subsection 4(1) (definition of Department)\n\nOmit “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”.\n\n396 Subsection 116(1)\n\nDisability Services Act 1986\n\n397 Subsection 25(1A)\n\nOmit “the Secretary of another Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n398 Subsection 25(1B)\n\nEducation Legislation Amendment Act 1997\n\n399 Item 31 of Schedule 1\n\nRepeal the item.\n\nEducation Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991\n\n400 Section 17\n\nOmit “officer of the Senior Executive Service”, substitute “SES employee or acting SES employee”.\n\nEmployment, Education and Training Act 1988\n\n401 Subsection 17(1)\n\n402 Paragraph 32(3)(a)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n403 Paragraphs 32(3)(b) and (c)\n\n404 Paragraph 32(3)(d)\n\n(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.\n\n405 Subsection 32(3)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n406 Subsection 32(3)\n\nOmit “such an officer or employee”, substitute “such a person”.\n\n407 Subsection 32(3)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n408 Subsection 35C(1)\n\n409 Subsection 55(2)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “engaged under the Public Service Act 1999”.\n\n410 Section 56\n\n411 Subsection 69(2)\n\nOmit “subsection 25(6) of the Public Service Act 1922”, substitute “section 63 of the Public Service Act 1999”.\n\nEmployment Services Act 1994\n\n412 Subsection 83(2)\n\n413 Subsection 98(1)\n\n414 Section 110\n\n110 Staff of ESRA\n\n  (1) The staff required for the purposes of ESRA are to be persons engaged under the Public Service Act 1999.\n\n(a) the ESRA Chief Executive Officer and the APS employees assisting the ESRA Chief Executive Officer together constitute a Statutory Agency; and\n\n(b) the ESRA Chief Executive Officer is the Head of that Statutory Agency.\n\n415 Subsection 111(2) (paragraph (a) of the definition of authority of the Commonwealth)\n\nEndangered Species Protection Act 1992\n\n416 Subsection 4(1) (definition of Department)\n\n417 Subsection 4(1) (definition of Secretary)\n\nEnvironment Protection (Alligator Rivers Region) Act 1978\n\n418 Section 8\n\nOmit “appointed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n419 Section 26\n\n420 Paragraph 31(3)(a)\n\n421 Subsection 31(4)\n\nOmit “Permanent Head”, substitute “Secretary”.\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\n422 Subsection 393(1)\n\n  (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.\n\n423 Subsection 393(4)\n\n  (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.\n\nEqual Employment Opportunity (Commonwealth Authorities) Act 1987\n\n424 Subsection 3(1) (definition of authority)\n\n> authority means:\n\n(a) an incorporated or unincorporated body or authority established for a public purpose:\n\n(i) by an Act or by regulations made under an Act; or\n\n(ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory);\n\nbeing a body whose staff consists of, or includes, persons who are not APS employees; or\n\n(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;\n\n  but does not include any of the following:\n\n(c) a relevant employer as defined in section 3 of the Affirmative Action (Equal Employment Opportunity for Women) Act 1986;\n\n(d) the Australian Dairy Corporation;\n\n(e) the Australian Wool Research and Promotion Organisation.\n\n425 Subsection 3(1) (definition of Board)\n\n426 Subsection 3(1) (definition of designated group)\n\n(a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;\n\n(c) persons with a physical or mental disability;\n\n(d) any other class of persons prescribed by the regulations for the purposes of this definition.\n\n427 Section 8\n\n428 Paragraph 9(1)(b)\n\nOmit “or the Board, as the case may be,”.\n\n429 Subsection 9(4)\n\n(a) a relevant authority is required by an Act other than this Act to prepare an annual report for presentation to the Parliament; and\n\n(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;\n\n  then the authority may, with the consent of the responsible Minister, include that program report in the annual report.\n\n430 Subsection 10(1)\n\n  (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.\n\n431 Section 11\n\n11 Minister may make recommendations\n\n  (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.\n  (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.\n\n432 Subsection 12(1)\n\n  (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.\n\n433 Sections 13 and 14\n\nEvidence Act 1995\n\n434 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth agency)\n\n435 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth entity)\n\n436 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth record)\n\n437 After clause 8 in Part 2 of the Dictionary\n\n8A References to offices etc.\n\n  In this Act:\n\n(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\n\n(b) in that context, a reference to an office is a reference to the position occupied by the APS employee concerned.\n\nExcise Tariff Act 1921\n\n438 Item 10 of the Schedule\n\nOmit “Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\nFamily Law Act 1975\n\n439 Subsection 4(1) (paragraph (b) of the definition of welfare officer)\n\nOmit “an officer or employee, within the meaning of the Public Service Act 1922,”, substitute “a person engaged under the Public Service Act 1999”.\n\n440 Subsection 26JA(1)\n\n441 Subsection 37A(8)\n\n442 Subsection 37B(1)\n\n443 Subsection 37B(4)\n\n  (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.\n\n444 Subsection 38G(1)\n\n445 Subsection 38N(4)\n\n446 Subsection 38N(5)\n\n447 Subsection 38N(6)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n448 Subsection 38N(8)\n\n449 Section 38Q\n\n38Q Statutory Agency etc. for purposes of Public Service Act\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n450 Section 67H (subparagraphs (a)(i) and (ii) of the definition of appropriate authority)\n\nRepeal the subparagraphs, substitute:\n\n(i) is an SES employee or acting SES employee; or\n\n(ii) holds an office or position that is at a level equivalent to that of an SES employee; or\n\n451 Subsection 114G(1)\n\n452 Subsection 114M(1)\n\n453 Subsection 114M(2)\n\n454 Subsection 115(2)\n\nOmit “officers of the Australian Public Service or”, substitute “persons appointed or engaged under the Public Service Act 1999, officers”.\n\nFederal Airports Corporation Act 1986\n\n455 Subsection 3(1) (paragraph (a) of the definition of authority of the Commonwealth)\n\nOmit “or a Department of the Australian Public Service”.\n\n456 Subsection 3(1) (after paragraph (a) of the definition of authority of the Commonwealth)\n\n(aa) an Agency (within the meaning of the Public Service Act 1999); and\n\n457 Subsection 17(1)\n\n458 Subsection 61(3)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n459 Subsection 61(3)\n\nOmit “a Department” (second occurring), substitute “an Agency”.\n\n460 Paragraphs 61(3)(a) and (b)\n\nOmit “Department”, substitute “Agency”.\n\n461 Paragraph 66(1)(b)\n\nFederal Court of Australia Act 1976\n\n462 Subsection 18AI(1)\n\n463 Subsection 18G(1)\n\n464 Subsection 18N(4)\n\n465 Subsection 18N(5)\n\n466 Subsection 18N(6)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.\n\n467 Subsection 18N(6)\n\n468 Subsection 18N(8)\n\n469 Section 18Q\n\n18Q Statutory Agency etc. for purposes of Public Service Act\n\n470 Subsection 35A(4)\n\n471 Subsection 37F(1)\n\nFederal Magistrates Act 1999\n\n479 Subclause 5(1) of Schedule 2\n\nFilm Licensed Investment Company Act 1998\n\n480 Paragraph 44(b)\n\nFinancial Management and Accountability Act 1997\n\n481 Section 5 (paragraph (b) of the definition of Chief Executive)\n\nFinancial Transaction Reports Act 1988\n\n482 Subsection 3(1) (paragraph (c) of the definition of taxation officer)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 and”.\n\n483 Subsection 36B(1)\n\n484 Subsection 40(1)\n\n485 Subsection 40(2)\n\nFinancial Sector Reform (Amendments and Transitional Provisions) Act 1998\n\n486 Subsection 2(18)\n\nOmit “Public Service Act 1998” (wherever occurring), substitute “Public Service Act 1999”.\n\n487 Item 42 of Schedule 18\n\nFirst Home Owners Act 1983\n\n488 Subsection 4(1) (definition of Secretary)\n\nFisheries Management Act 1991\n\n489 Subsection 137(4)\n\n490 Subsection 138(1)\n\nForeign Evidence Act 1994\n\n491 Subsection 26(3) (paragraph (a) of the definition of authorised officer)\n\n(a) who is an SES employee or acting SES employee in the Attorney‑General’s Department; and\n\nForestry and Timber Bureau Act 1930\n\n492 Subsection 3(3)\n\n  (3) The Director‑General and staff required for the purposes of this Act must be engaged under the Public Service Act 1999.\n\nFreedom of Information Act 1982\n\n493 Division 1 of Part II of Schedule 2 (item relating to the National Health and Medical Research Council)\n\nOmit “officers, or employees, within the meaning of the Public Service Act 1922”, substitute “persons appointed or engaged under the Public Service Act 1999”.\n\nFringe Benefits Tax (Application to the Commonwealth) Act 1986\n\n494 Subsection 3(1) (paragraph (c) of the definition of Department)\n\n(c) an Executive Agency or Statutory Agency (within the meaning of the Public Service Act 1999).\n\nFringe Benefits Tax Assessment Act 1986\n\n495 Subsection 136(1) (definition of officer)\n\nGovernor‑General Act 1974\n\n496 At the end of section 6\n\nAdd:\n\n  (2) The Official Secretary, together with the staff employed under section 13, constitute the Office of Official Secretary to the Governor‑General.\n  (3) The function of the Office is to assist the Governor‑General.\n\n497 Section 14\n\n14 Remuneration and other conditions of employees\n\nThe remuneration and other conditions of employment of a person employed under section 13 are as determined by the Official Secretary.\n\n498 Section 16\n\n499 Section 17\n\nGreat Barrier Reef Marine Park Act 1975\n\n500 Subsection 13(1)\n\n501 Subsection 40(1)\n\n502 Subsections 40(2) and (3)\n\n503 Subsection 42(2)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n504 Subsection 42(2)\n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\n505 Paragraph 60(b)\n\nHealth Insurance Act 1973\n\n506 Subsection 106ZB(1)\n\n507 Section 106ZM\n\n106ZM Staff\n\n  (1) The staff necessary to assist the Director are to be persons engaged under the Public Service Act 1999.\n\n508 Subsection 130(5B) (paragraph (b) of the definition of authorised officer)\n\n(b) an APS employee in the Department.\n\nHealth Insurance Commission Act 1973\n\n509 Subsection 3(1) (definition of Australian Public Service)\n\n510 Subsection 23(1)\n\nHigh Court of Australia Act 1979\n\n511 Subsection 22(1)\n\n512 Paragraph 25(3)(a)\n\nOmit “with the concurrence of the Public Service Board,”.\n\n513 Subsection 26(6)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.\n\n514 Subsection 26(6)\n\nHorticultural Policy Council Act 1987\n\n515 Subsection 25(1)\n\nOmit “officers or employees of the Department”, substitute “APS employees in the Department”.\n\nHousing Assistance Act 1996\n\n516 After paragraph 8(2)(e)\n\n(ea) an Agency (within the meaning of the Public Service Act 1999);\n\n517 Paragraph 8(2)(f)\n\nOmit “the Commonwealth or”.\n\n518 Section 13\n\nOmit “an officer of, or person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nHousing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990\n\n519 Section 26\n\nOmit “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”.\n\nHuman Rights and Equal Opportunity Commission Act 1986\n\n520 Subsection 39(1)\n\n521 Subsection 43(1)\n\n522 Subsection 43(2)\n\n(b) the Commission is the Head of that Statutory Agency.\n\n523 Subsection 46F(1)\n\nImmigration (Education) Act 1971\n\n524 Subsection 10(1)\n\nOmit “an officer of the Public Service of the Commonwealth”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nIncome Tax Assessment Act 1936\n\n525 Subsection 51AL(23)\n\n  (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:\n\n(a) who is an SES employee or an acting SES employee; or\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).\n\n526 Subsection 51AL(26) (definition of Senior Executive Service office)\n\n527 Subsection 124K(1) (definition of Senior Executive Service office)\n\n> Senior Executive Service office means a position that is occupied by an SES employee or acting SES employee.\n\n528 Subsection 124ZADAA(1)\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n529 Subsection 124ZADAA(2)\n\n530 Section 159UX\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n531 Section 159UX\n\nOmit “In this section Senior Executive Service office has the same meaning as in the Public Service Act 1922.”.\n\nIncome Tax Assessment Act 1997\n\n532 Section 34‑65\n\n34‑65 Delegation of powers by Industry Secretary\n\nThe \\*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:\n\n(a) who holds or performs the duties of a \\*Senior Executive Service office; or\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).\n\n533 Section 396-105\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”.\n\n534 Subsection 995‑1(1) (definition of Senior Executive Service office)\n\n> Senior Executive Service office means a position occupied by an SES employee or acting SES employee.\n\nIndustrial Chemicals (Notification and Assessment) Act 1989\n\n535 Section 5 (definition of Department)\n\n536 Section 5 (definition of Secretary)\n\n537 Subsection 84(1)\n\n538 Subsection 84(2)\n\n539 Subsection 94(1)\n\n540 Subsection 100(1)\n\n541 Subsection 100(1)\n\n542 Paragraph 104(c)\n\n543 Section 104A\n\n104A Delegation by Director\n\n  The Director may, by signed instrument, delegate to a person:\n\n(a) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(b) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (a);\n\n  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.\n\nIndustry Research and Development Act 1986\n\n544 Paragraph 9(1)(b)\n\n545 Section 25\n\nInspector‑General of Intelligence and Security Act 1986\n\n546 Paragraph 18(6)(b)\n\nOmit “a Department”, substitute “an Agency (within the meaning of the Public Service Act 1999)”.\n\n547 Subsection 28(1)\n\n548 Subsection 32(1)\n\n549 Subsection 32(2)\n\n(a) the Inspector‑General and the APS employees assisting the Inspector‑General together constitute a Statutory Agency; and\n\n(b) the Inspector‑General is the Head of that Statutory Agency.\n\nInternational Air Services Commission Act 1992\n\n550 Subsection 44(1)\n\nInternational Transfer of Prisoners Act 1997\n\n551 Paragraph 53(b)\n\nJudiciary Act 1903\n\n552 Subsection 55E(1) (subparagraph (b)(ii) of the definition of Attorney‑General’s lawyer)\n\n(ii) a person in the Attorney-General’s Department who is engaged under the Public Service Act 1999.\n\n553 Subsection 55E(5)\n\nOmit “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”.\n\n554 Paragraph 55G(1)(a)\n\nOmit “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”.\n\nLands Acquisition Act 1989\n\n555 Paragraph 139(1)(a)\n\nLegislative Instruments Act 1997\n\n556 Section 14\n\nOmit “An officer of the Senior Executive Service”, substitute “An SES employee”.\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n557 Subsection 4(1) (paragraph (e) of the definition of approving authority)\n\n(e) in any other case:\n\n(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\n\n(ii) if the original agency no longer exists—the chief executive officer (however described) of the replacement agency determined under subsection (1A).\n\n558 Subsection 4(1)\n\n> chief executive officer, in relation to an employing agency, means:\n\n(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\n\n(b) in any other case—the person (however described) who is the chief executive officer of the employing agency.\n\n559 Subsection 4(1)\n\n> employing agency means:\n\n(b) a public authority of the Commonwealth; or\n\n(c) a body covered by paragraph (6)(b); or\n\n(d) a company covered by paragraph (6)(c).\n\n560 Subsection 4(1) (definition of officer)\n\n561 After subsection 4(1)\n\n  (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:\n\n(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\n\n(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.\n\n562 Subsection 4(9)\n\n563 Subsection 4(10)\n\nOmit “to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 does not apply”.\n\n564 Paragraph 4(10)(a)\n\n(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\n\n565 Sections 9 and 9A\n\n9 Delegation by approving authority\n\n  (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).\n  (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.\n  (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.\n  (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.\n\n> approving authority does not include the President of the Senate or the Speaker of the House of Representatives.\n\n566 Paragraph 12(3)(a)\n\n(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\n\nManagement and Investment Companies Act 1983\n\n567 Section 16\n\nMaternity Leave (Commonwealth Employees) Act 1973\n\n568 Subsection 3(1)\n\n> Agency Head, in relation to an employee, means:\n\n(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\n\n(b) in the case of an employee in a prescribed authority—the chief executive officer (however described) of the prescribed authority.\n\n569 Subsection 3(1) (definition of Department of the Australian Public Service)\n\n570 Subsection 3(1) (definition of Secretary)\n\n571 Paragraph 5(1)(a)\n\n572 Subsection 5A(2)\n\n  (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.\n\n573 Subsection 6(4)\n\n574 Subsection 6(4AB)\n\n575 Subsection 6(4B)\n\n576 Subsection 6(4C)\n\n577 Subsection 6(4F)\n\n578 Subsection 7A(4)\n\n579 Subsection 7A(4)\n\nOmit “wishes the Secretary”, substitute “wishes the Agency Head”.\n\n580 Subsection 7A(5)\n\n581 Subsection 7A(5)\n\nOmit “subsection (4), the Secretary”, substitute “subsection (4), the Agency Head”.\n\n582 Subsection 7A(6)\n\n583 Subsection 7A(6)\n\nOmit “or the Secretary”, substitute “or the Agency Head”.\n\n584 Section 8\n\n8 APS employees on maternity leave\n\n  Clause 12 of Schedule 14 to the Workplace Relations Act 1996 applies to a female APS employee if:\n\n(a) the employee is absent from duty in accordance with section 6; and\n\n(b) the absence is after her confinement and without pay.\n\n585 Sections 11 and 12\n\n11 Delegation by Agency Head\n\n  (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).\n  (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.\n  (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.\n  (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.\n\n> Agency Head does not include the President of the Senate or the Speaker of the House of Representatives.\n\nMeat Inspection Arrangements Act 1964\n\n586 Subsection 3(1) (definition of person employed by the Commonwealth)\n\n> person employed by the Commonwealth means a person appointed or engaged under the Public Service Act 1999.\n\nMembers of Parliament (Staff) Act 1984\n\n587 Section 3 (definition of Agency)\n\n588 Section 3 (definition of Board)\n\n589 Section 3 (definition of officer)\n\n> officer means a person appointed or engaged under the Public Service Act.\n\n590 Section 3 (definition of Public Service Act)\n\n591 Section 3 (definition of relevant public servant)\n\n592 Subsections 5(1), (2) and (3)\n\nOmit “Board”, substitute “Prime Minister”.\n\n593 Section 10\n\n594 Section 11\n\n595 Subsection 14(1)\n\n596 Subsection 14(1)\n\nOmit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.\n\n598 Subsection 14(2)\n\n599 Sections 17 and 18\n\n600 Subsection 21(1)\n\n601 Subsection 21(1)\n\nOmit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”.\n\n603 Subsection 21(2)\n\n604 Section 24\n\n605 Section 25\n\nMerit Protection (Australian Government Employees) Act 1984\n\n606 The whole of the Act\n\nMigration Act 1958\n\n607 Paragraph 143(1)(b)\n\n608 Section 275 (paragraphs (a) and (b) of the definition of official)\n\n609 Paragraph 364(1)(b)\n\n610 Subsection 407(4)\n\n611 Subsection 408(1)\n\n612 Paragraph 428(1)(a)\n\n613 Subsection 472(4)\n\n614 Subsection 473(1)\n\nMigration Legislation Amendment (Migration Agents) Act 1997\n\n615 Subsection 2(3)\n\n616 Item 82 of Schedule 1\n\nMotor Vehicle Standards Act 1989\n\n617 Paragraph 22(2)(b)\n\n(b) is to be an SES employee, or acting SES employee, in the Department.\n\n618 Subsection 25(1)\n\n619 Subsection 25(2)\n\nNational Crime Authority Act 1984\n\n620 Subsection 40(1)\n\n621 Subsection 47(1)\n\n622 Subsection 47(2)\n\nNational Environment Protection Council Act 1994\n\n623 Subsection 43(1)\n\n624 Subsection 49(1)\n\n625 Subsections 49(2) and (3)\n\n(a) the NEPC Executive Officer and the APS employees assisting the NEPC Executive Officer together constitute a Statutory Agency; and\n\n(b) the NEPC Executive Officer is the Head of that Statutory Agency.\n\n626 Subsection 51(1)\n\nOmit “officers and employees of Departments of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”.\n\nNational Gallery Act 1975\n\n627 Subsection 28(1)\n\nNational Health Act 1953\n\n628 Subsection 4(1) (paragraph (a) of the definition of Director)\n\n629 Subsection 82PEA(1)\n\n630 Subsection 82PL(2)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n631 Subsection 82PL(2)\n\n632 Subsection 82PN(1)\n\n633 Subsection 82R(3)\n\n634 Subsection 82X(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n635 Subsection 82ZUD(1)\n\n636 Subsection 82ZUG(2)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n637 Subsection 82ZUG(2)\n\nNational Health and Medical Research Council Act 1992\n\n638 Subsection 22(1)\n\n  (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.\n\n639 Subsection 26(1)\n\n640 Subsection 45(1)\n\n641 Subsection 45(2)\n\n642 Paragraph 48(1)(a)\n\n(a) an Agency Head within the meaning of the Public Service Act 1999; or\n\n643 Paragraphs 48(1)(d), (e) and (f)\n\nAfter “of that”, insert “Agency,”.\n\n644 Paragraph 72(a)\n\nNational Labour Consultative Council Act 1977\n\n645 Section 9\n\n646 Subsection 12(2)\n\nNational Library Act 1960\n\n647 Subparagraph 6(c)(ii)\n\nOmit “Departments and”.\n\n648 At the end of paragraph 6(c)\n\nAdd:\n\n(iv) the Agencies (within the meaning of the Public Service Act 1999); and\n\n649 Subsection 17(4)\n\n(a) the Director‑General and the APS employees assisting the Director‑General together constitute a Statutory Agency; and\n\n650 Subsection 17(5)\n\nOmit “an officer employed under the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\n651 Subsection 17(5)\n\nOmit “including his or her powers referred to in subsection (4) but”.\n\n652 Subsection 17(6)\n\nOmit “, other than the powers referred to in subsection (4) of this section,”.\n\n653 Subsection 17B(1)\n\n654 Section 18\n\nNational Museum of Australia Act 1980\n\n655 Subsection 26(1)\n\n656 Subsection 30(1)\n\n657 Subsections 30(2), (3) and (4)\n\n658 Subsection 31(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\nNational Occupational Health and Safety Commission Act 1985\n\n659 Subsection 12(1)\n\n660 Subsection 32(1)\n\n661 Subsection 53(1)\n\n662 Subsection 53(2)\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n663 Subsection 54(1)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n664 Subsection 54(1)\n\nNational Parks and Wildlife Conservation Act 1975\n\n665 Subsection 26(1)\n\n666 Subsection 34(1)\n\nOmit “appointed or employed under the Public Service Act 1922‑1974”, substitute “engaged under the Public Service Act 1999”.\n\n667 Subsections 34(2) and (3)\n\n668 Subsection 36(2)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”.\n\n669 Subsection 36(2)\n\nNational Roads Act 1974\n\n670 Subsection 15(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nNational Road Transport Commission Act 1991\n\n671 Subsection 29(1)\n\n672 Section 31\n\n673 Subsection 31(2)\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n674 Paragraph 33(1)(a)\n\n(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\n\nNational Transmission Network Sale Act 1998\n\n675 Paragraph 23(1)(b)\n\nOmit “a person holding, or performing the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\nNative Title Act 1993\n\n676 Subsection 102(1)\n\n677 Subsection 117(1)\n\n678 Subsection 130(3)\n\n  Employment etc. under Public Service Act\n  (3) The Deputy Registrars and the staff of the Tribunal are to be persons engaged under the Public Service Act 1999.\n\n679 Subsection 130(4)\n\nOmit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”.\n\n680 Subsection 130(4)\n\n681 Section 131\n\n131 Statutory Agency etc. for purposes of Public Service Act\n\n682 Subsection 183(7)\n\nNatural Heritage Trust of Australia Act 1997\n\n683 Paragraph 45(1)(c)\n\n(c) an SES employee or acting SES employee (whether or not in the Department);\n\n684 Paragraph 46(1)(b)\n\n(b) an SES employee or acting SES employee (whether or not in the Department of Primary Industries and Energy);\n\n685 Section 54 (definition of Senior Executive Service office)\n\nNatural Resources Management (Financial Assistance) Act 1992\n\n686 Subsection 4(1) (definition of officer)\n\nNaval Defence Act 1910\n\n687 Section 40 (definition of industrial award)\n\n> industrial award means an award within the meaning of the Workplace Relations Act 1996.\n\n688 Section 42\n\nOmit all the words after “the Navy”.\n\n689 Subsection 42C(1)\n\n690 Subsection 42C(2)\n\nOmit “Section 64 of the Public Service Act 1922”, substitute “Section 75 of the Public Service Act 1999”.\n\n691 Subsection 42C(2)\n\nOmit “officer”, substitute “APS employee”.\n\nNorfolk Island Act 1979\n\n692 Paragraph 13(4)(a)\n\n(a) is an APS employee; or\n\nNuclear Non‑Proliferation (Safeguards) Act 1987\n\n693 Subsection 4(1) (paragraph (a) of the definition of Commonwealth officer)\n\n694 Subsection 46(1)\n\n695 Section 55\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\n696 Subsection 5(1) (paragraph (a) of the definition of Department)\n\n(a) an Agency (within the meaning of the Public Service Act 1999); or\n\n697 Subsection 5(1) (paragraph (a) of the definition of Secretary)\n\n(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\n\n698 Section 51\n\n699 Subsection 80(1)\n\nOmit “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”.\n\n700 Subsection 80(2)\n\n701 Subsection 80(2)\n\nOccupational Health and Safety (Maritime Industry) Act 1993\n\n702 Subsection 106(3)\n\nOffice of National Assessments Act 1977\n\n703 Section 3 (paragraph (e) of the definition of prescribed Commonwealth officer)\n\n704 Paragraph 6(2)(d)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n705 Paragraph 7(2)(a)\n\nOmit “an officer or officers of the Australian Public Service”, substitute “a person or persons appointed or engaged under the Public Service Act 1999”.\n\n706 Subsection 13(1)\n\n707 Paragraph 17(1)(a)\n\n708 Subsections 17(2) and (3)\n\n(a) the Director‑General and the APS employees assisting the Director‑General together constitute a Statutory Agency; and\n\n709 Subsection 17(4)\n\n710 Subsection 17(4)\n\nOmit “appointed or employed under the Public Service Act 1922 in the Department”, substitute “engaged under that Act in the Agency”.\n\nOmbudsman Act 1976\n\n711 Subsection 3(1) (definition of Department)\n\nOmit “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”.\n\n712 Subsection 3(1) (definition of Secretary)\n\n713 Paragraph 5(2)(g)\n\nAfter “office” (first and second occurring), insert “or position”.\n\n714 Subsections 6(9), (10) and (11)\n\n  (9) If the Ombudsman forms the opinion:\n\n(a) that a complaint could have been made under the Public Service Act 1999; and\n\n(b) that the complaint could be more conveniently or effectively dealt with by the Public Service Commissioner;\n\n  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.\n  (10) If the Ombudsman makes a decision under subsection (9), the Ombudsman must:\n\n(a) transfer the complaint to the Public Service Commissioner as soon as is reasonably practicable; and\n\n(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\n\n(c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Public Service Commissioner.\n\n715 Subsection 25(1)\n\n716 Subsection 31(1)\n\n717 Subsections 31(2) and (3)\n\n(a) the Ombudsman and the APS employees assisting the Ombudsman together constitute a Statutory Agency; and\n\n(b) the Ombudsman is the Head of that Statutory Agency.\n\nOverseas Students (Refunds) Act 1990\n\n718 Section 3 (definition of officer)\n\n719 Subsection 5(1)\n\nOmit “an officer of”, substitute “an APS employee in”.\n\n720 Paragraph 10(b)\n\nOzone Protection Act 1989\n\n721 Paragraph 49(1)(a)\n\nOmit “the Australian Public Service or any other”, substitute “an”.\n\n722 After paragraph 49(1)(a)\n\n(b) a person engaged under the Public Service Act 1999; or\n\n723 Section 67A\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\nParliamentary Contributory Superannuation Act 1948\n\n724 Subsection 21B(1) (paragraph (d) of the definition of holder of an office of profit under the Commonwealth)\n\n(d) the holder of an office of Secretary within the meaning of the Public Service Act 1999; or\n\nParliamentary Counsel Act 1970\n\n725 Subsection 7(1)\n\n726 Subsection 16(1)\n\n727 Subsections 16(2) and (3)\n\n(a) the First Parliamentary Counsel and the APS employees assisting the First Parliamentary Counsel together constitute a Statutory Agency; and\n\n(b) the First Parliamentary Counsel is the Head of that Statutory Agency.\n\nPatents Act 1990\n\n728 Section 200A\n\n200A Designated Manager\n\n  For the purposes of this Act, a person is the Designated Manager if the person occupies, or is acting in, a position that:\n\n(a) is usually occupied by an SES employee; and\n\n(b) has been declared by the Secretary to the Department, in writing, to be the position of Designated Manager.\n\n729 Schedule 1 (paragraph (a) of the definition of employee)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\n730 Schedule 1 (paragraph (b) of the definition of employee)\n\nPetroleum Excise (Prices) Act 1987\n\n731 Subsection 4(2)\n\nOmit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nPetroleum Resource Rent Tax Assessment Act 1987\n\n732 Section 2 (definition of officer)\n\nPlant Breeder’s Rights Act 1994\n\n733 Subsections 59(1) and (2)\n\nOmit “another officer of the Department within the Senior Executive Service”, substitute “an SES employee, or acting SES employee, in the Department”.\n\nPooled Development Funds Act 1992\n\n734 Section 68\n\nPrawn Export Promotion Act 1995\n\n735 Paragraph 24(b)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nPrices Surveillance Act 1983\n\n736 Subsection 43(4) (at the end of paragraph (a) of the definition of prescribed person)\n\nAdd:\n\n(iv) appointed or engaged under the Public Service Act 1999; or\n\nPrimary Industries Levies and Charges Collection Act 1991\n\n737 Paragraph 26(b)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nPrivacy Act 1988\n\n738 Subsection 6(1) (paragraph (a) of the definition of Commonwealth officer)\n\nOmit “appointed or employed under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\n739 Subsection 6(1) (definition of Department)\n\n740 Subsection 6(1) (definition of Secretary)\n\n741 Subsection 22(1)\n\n742 Subsections 26A(1) and (2)\n\n  (1) The staff necessary to assist the Commissioner must be persons appointed or employed under the Public Service Act 1999.\n\n743 Subsection 50(1) (definition of Merit Protection Act)\n\n744 Subsection 50(1) (definition of Merit Protection Agency)\n\n745 Paragraph 50(2)(b)\n\nOmit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.\n\n746 Subsection 50(2)\n\nOmit “or the Merit Protection Agency” (wherever occurring), substitute “or the Public Service Commissioner”.\n\n747 Paragraph 50(3)(b)\n\nOmit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”.\n\nProceeds of Crime Act 1987\n\n748 Subsection 4(1) (definition of prescribed officer)\n\n> prescribed officer means an SES employee or acting SES employee in the Attorney‑General’s Department.\n\nProductivity Commission Act 1998\n\n749 Subsection 29(1)\n\n750 Subsection 44(1)\n\n751 Subsection 44(2)\n\nProtection of Movable Cultural Heritage Act 1986\n\n752 Paragraph 24(1)(b)\n\nPublic Lending Right Act 1985\n\n753 Section 18\n\nPublic Service Act 1922\n\n754 The whole of the Act\n\nQantas Sale Act 1992\n\n755 Subsection 11(1)\n\nOmit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n756 Subsection 11(2)\n\n757 Paragraphs 20(1)(d) and (e)\n\n(e) the Public Service Act 1999;\n\n758 Subsection 31(3) (paragraph (b) of the definition of authorised person)\n\n(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.\n\n759 Subsection 40(4) (paragraph (c) of the definition of authorised person)\n\n(c) an SES employee, or acting SES employee, in the Department.\n\nRacial Discrimination Act 1975\n\n760 Subsection 32(1)\n\nRadiocommunications Act 1992\n\n761 Section 5 (paragraph (a) of the definition of Department)\n\nOmit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.\n\n762 Subsection 204(1)\n\n763 Subsection 248(1)\n\nReferendum (Machinery Provisions) Act 1984\n\n764 Section 3 (subparagraph (b)(iii) of the definition of authorized witness)\n\nOmit “in the Australian Public Service or”.\n\n765 Section 3 (after subparagraph (b)(iii) of the definition of authorized witness)\n\n(iiia) a person appointed or engaged under the Public Service Act 1999; or\n\n766 Paragraph 11(4)(c)\n\nOmit “officers or employees within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\n767 Subsection 95B(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n768 Subsection 95B(7)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nRegistration of Deaths Abroad Act 1984\n\n769 Subsection 5(2)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n770 Subsection 6(1)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n771 Paragraph 26(1)(a)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\nRemuneration and Allowances Act 1990\n\n772 After section 8\n\n8A Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n773 Clause 7 of Schedule 1\n\n774 Clause 5 of Schedule 2\n\n775 Subclauses 1(2) and (3) of Schedule 3\n\nRepeal the subclauses, substitute:\n\n  (2) The Members of Parliament annual salary is equal to:\n\n(a) the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2; or\n\n(b) if the regulations prescribe a percentage (not more than 100%) of a reference salary—that percentage of the reference salary.\n\n  (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.\n  (4) In this clause:\n\n> principal executive classification means a classification determined by the Remuneration Tribunal under subsection 5(2A) of the Remuneration Tribunal Act 1973.\n\n> reference salary means:\n\n(a) the annual salary applicable to an office under a determination of the Remuneration Tribunal; or\n\n(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.\n\nRemuneration Tribunal Act 1973\n\n776 Part II (heading)\n\nRepeal the heading, substitute:\n\n## Part II—Remuneration etc. for certain offices and appointments\n\n### Division 1—Preliminary\n\n777 After section 3\n\nDivision 2—Determinations and reports by the Remuneration Tribunal\n\n778 Subsection 5(2)\n\n  (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.\n  (2A) An additional function of the Tribunal is to:\n\n(a) determine a classification structure for principal executive offices; and\n\n(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.\n\n  (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:\n\n(a) the office of Public Service Commissioner;\n\n(b) the office of Merit Protection Commissioner;\n\n(c) offices of Secretary;\n\n(d) offices of Heads of Executive Agencies.\n\n  (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.\n  (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:\n\n(a) the office of Parliamentary Service Commissioner;\n\n(b) the office of Parliamentary Service Merit Protection Commissioner;\n\n(c) offices of Secretary.\n\n","sortOrder":485},{"sectionNumber":"779","sectionType":"section","heading":"Subsection 5(3)","content":"779 Subsection 5(3)\n\nOmit “subsection (2)”, substitute “this section”.\n\n","sortOrder":486},{"sectionNumber":"780","sectionType":"section","heading":"Subsection 7(3)","content":"780 Subsection 7(3)\n\nOmit “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”.\n\n","sortOrder":487},{"sectionNumber":"781","sectionType":"section","heading":"At the end of Part II","content":"781 At the end of Part II\n\nAdd:\n\n","sortOrder":488},{"sectionNumber":"Div 3","sectionType":"division","heading":"Determinations by employing bodies for principal executive offices","content":"Division 3—Determinations by employing bodies for principal executive offices\n\n","sortOrder":489},{"sectionNumber":"12C","sectionType":"section","heading":"Terms and conditions determined by employing body","content":"12C Terms and conditions determined by employing body\n\n  (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.\n  (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.\n  (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.\n\nRepatriation Institutions (Transfer) Act 1992\n\n782 Subsection 3(1) (definition of employee)\n\n783 Subsection 3(1) (definition of officer)\n\n784 Subsection 3(1) (definition of the Service)\n\n785 Subsection 4(2)\n\nAfter “office” (wherever occurring), insert “or position”.\n\n","sortOrder":490},{"sectionNumber":"786","sectionType":"section","heading":"Paragraph 13(1)(b)","content":"786 Paragraph 13(1)(b)\n\n","sortOrder":491},{"sectionNumber":"787","sectionType":"section","heading":"Section 16","content":"787 Section 16\n\nOmit 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”.\n\n","sortOrder":492},{"sectionNumber":"788","sectionType":"section","heading":"Section 17","content":"788 Section 17\n\nReserve Bank Act 1959\n\n","sortOrder":493},{"sectionNumber":"789","sectionType":"section","heading":"Subsection 14(2)","content":"789 Subsection 14(2)\n\nOmit “officers of the Bank or of the Australian Public Service”, substitute “officials”.\n\n790 Subsection 14(3)\n\n791 Subsection 14(4)\n\n792 Subsection 14(5)\n\n793 At the end of section 14\n\nAdd:\n\n  (6) In this section:\n\n> official means:\n\n(a) an officer of the Bank; or\n\n(b) a person appointed or engaged under the Public Service Act 1999.\n\nResource Assessment Commission Act 1989\n\n","sortOrder":494},{"sectionNumber":"794","sectionType":"section","heading":"Subsection 49(1)","content":"794 Subsection 49(1)\n\nOmit “and section 87E of the Public Service Act 1922”.\n\nRoads Grants Act 1974\n\n","sortOrder":495},{"sectionNumber":"795","sectionType":"section","heading":"Subsection 15(1)","content":"795 Subsection 15(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nRoads Grants Act 1980\n\n","sortOrder":496},{"sectionNumber":"796","sectionType":"section","heading":"Subsection 38(1)","content":"796 Subsection 38(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nRoads Grants Act 1981\n\n","sortOrder":497},{"sectionNumber":"797","sectionType":"section","heading":"Subsection 33(1)","content":"797 Subsection 33(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nRural Adjustment Act 1992\n\n","sortOrder":498},{"sectionNumber":"798","sectionType":"section","heading":"Section 20C","content":"798 Section 20C\n\nOmit “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”.\n\n","sortOrder":499},{"sectionNumber":"799","sectionType":"section","heading":"Subsection 21A(2)","content":"799 Subsection 21A(2)\n\nOmit “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”.\n\nRural Adjustment Amendment Act 1999\n\n","sortOrder":500},{"sectionNumber":"800","sectionType":"section","heading":"Subsection 2(2)","content":"800 Subsection 2(2)\n\nSafety, Rehabilitation and Compensation Act 1988\n\n","sortOrder":501},{"sectionNumber":"801","sectionType":"section","heading":"Subsection 81(1)","content":"801 Subsection 81(1)\n\n","sortOrder":502},{"sectionNumber":"802","sectionType":"section","heading":"Subsection 86(2)","content":"802 Subsection 86(2)\n\nOmit “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”.\n\n","sortOrder":503},{"sectionNumber":"803","sectionType":"section","heading":"Paragraph 88(1)(a)","content":"803 Paragraph 88(1)(a)\n\n","sortOrder":504},{"sectionNumber":"804","sectionType":"section","heading":"Subsection 88(2)","content":"804 Subsection 88(2)\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n","sortOrder":505},{"sectionNumber":"805","sectionType":"section","heading":"Subsection 114A(2) (definition of Department)","content":"805 Subsection 114A(2) (definition of Department)\n\n","sortOrder":506},{"sectionNumber":"806","sectionType":"section","heading":"Subsection 114A(2) (definition of Secretary)","content":"806 Subsection 114A(2) (definition of Secretary)\n\nScience and Industry Research Act 1949\n\n","sortOrder":507},{"sectionNumber":"807","sectionType":"section","heading":"Subsection 10C(1)","content":"807 Subsection 10C(1)\n\nSeafarers Rehabilitation and Compensation Act 1992\n\n","sortOrder":508},{"sectionNumber":"808","sectionType":"section","heading":"Subsection 125(1)","content":"808 Subsection 125(1)\n\n  (1) The Authority may, by resolution, delegate all or any of its powers or functions to a person in the Department:\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).\n\nSeafarers Rehabilitation and Compensation Levy Collection Act 1992\n\n","sortOrder":509},{"sectionNumber":"809","sectionType":"section","heading":"Section 11","content":"809 Section 11\n\n11 Appointment of authorised persons\n\n  The Secretary may, in writing, appoint a person in the Department:\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b);\n\n  to be an authorised person for the purposes of a specified provision of this Act.\n\n","sortOrder":510},{"sectionNumber":"810","sectionType":"section","heading":"Subsection 15(1)","content":"810 Subsection 15(1)\n\n  (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:\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).\n\nSea Installations Act 1987\n\n","sortOrder":511},{"sectionNumber":"811","sectionType":"section","heading":"Paragraph 74(1)(c)","content":"811 Paragraph 74(1)(c)\n\nSex Discrimination Act 1984\n\n","sortOrder":512},{"sectionNumber":"812","sectionType":"section","heading":"Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)","content":"812 Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)\n\n","sortOrder":513},{"sectionNumber":"813","sectionType":"section","heading":"Subsection 4(1) (definition of Department)","content":"813 Subsection 4(1) (definition of Department)\n\nOmit “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”.\n\n","sortOrder":514},{"sectionNumber":"814","sectionType":"section","heading":"Subsection 99(1)","content":"814 Subsection 99(1)\n\nShipping Registration Act 1981\n\n","sortOrder":515},{"sectionNumber":"815","sectionType":"section","heading":"Subsection 3(1) (definition of employee)","content":"815 Subsection 3(1) (definition of employee)\n\n","sortOrder":516},{"sectionNumber":"816","sectionType":"section","heading":"Subsection 52(1)","content":"816 Subsection 52(1)\n\nOmit “an officer of or employee in the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":517},{"sectionNumber":"817","sectionType":"section","heading":"Subsection 53(1)","content":"817 Subsection 53(1)\n\nOmit “an officer of or employee in the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nShips (Capital Grants) Act 1987\n\n","sortOrder":518},{"sectionNumber":"818","sectionType":"section","heading":"Subsection 36(1)","content":"818 Subsection 36(1)\n\nOmit “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”.\n\nSnowy Mountains Engineering Corporation Limited Sale Act 1993\n\n","sortOrder":519},{"sectionNumber":"819","sectionType":"section","heading":"Subsection 35(3) (paragraph (b) of the definition of authorised person)","content":"819 Subsection 35(3) (paragraph (b) of the definition of authorised person)\n\n","sortOrder":520},{"sectionNumber":"820","sectionType":"section","heading":"Subsection 38(4) (paragraph (c) of the definition of authorised person)","content":"820 Subsection 38(4) (paragraph (c) of the definition of authorised person)\n\n(c) an SES employee, or acting SES employee, in that Department, authorised by the Secretary, in writing, for the purposes of this section.\n\nSnowy Mountains Hydro‑electric Power Act 1949\n\n","sortOrder":521},{"sectionNumber":"821","sectionType":"section","heading":"Subsection 11(1)","content":"821 Subsection 11(1)\n\nSocial Security Act 1991\n\n","sortOrder":522},{"sectionNumber":"822","sectionType":"section","heading":"Subsection 1331(1)","content":"822 Subsection 1331(1)\n\n","sortOrder":523},{"sectionNumber":"823","sectionType":"section","heading":"Section 1341","content":"823 Section 1341\n\nSocial Security (Administration) Act 1999\n\n","sortOrder":524},{"sectionNumber":"824","sectionType":"section","heading":"Subclause 14(1) of Schedule 3","content":"824 Subclause 14(1) of Schedule 3\n\n","sortOrder":525},{"sectionNumber":"825","sectionType":"section","heading":"Clause 24 of Schedule 3","content":"825 Clause 24 of Schedule 3\n\nSpecial Broadcasting Service Act 1991\n\n","sortOrder":526},{"sectionNumber":"826","sectionType":"section","heading":"Subsection 34(1)","content":"826 Subsection 34(1)\n\n","sortOrder":527},{"sectionNumber":"827","sectionType":"section","heading":"Subsection 81(4)","content":"827 Subsection 81(4)\n\nSpecial Prosecutors Act 1982\n\n","sortOrder":528},{"sectionNumber":"828","sectionType":"section","heading":"Paragraph 18(a)","content":"828 Paragraph 18(a)\n\nOmit “appointed or employed under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\nStates Grants (Education Assistance—Participation and Equity) Act 1983\n\n","sortOrder":529},{"sectionNumber":"829","sectionType":"section","heading":"Paragraph 31(1)(c)","content":"829 Paragraph 31(1)(c)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nStates Grants (Petroleum Products) Act 1965\n\n","sortOrder":530},{"sectionNumber":"830","sectionType":"section","heading":"Subsection 5(2)","content":"830 Subsection 5(2)\n\n","sortOrder":531},{"sectionNumber":"831","sectionType":"section","heading":"Paragraph 5(3)(a)","content":"831 Paragraph 5(3)(a)\n\nOmit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999 (the public servant)”.\n\n","sortOrder":532},{"sectionNumber":"832","sectionType":"section","heading":"Paragraph 5(3)(a)","content":"832 Paragraph 5(3)(a)\n\nOmit “such an officer”, substitute “the public servant”.\n\n","sortOrder":533},{"sectionNumber":"833","sectionType":"section","heading":"Subsection 5(3A)","content":"833 Subsection 5(3A)\n\nOmit “an officer” (wherever occurring), substitute “the public servant”.\n\nStates Grants (Roads) Act 1977\n\n","sortOrder":534},{"sectionNumber":"834","sectionType":"section","heading":"Subsection 34(1)","content":"834 Subsection 34(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nStates Grants (Schools Assistance) Act 1983\n\n","sortOrder":535},{"sectionNumber":"835","sectionType":"section","heading":"Subsection 76(1)","content":"835 Subsection 76(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nStates Grants (Schools Assistance) Act 1984\n\n","sortOrder":536},{"sectionNumber":"836","sectionType":"section","heading":"Subsection 89(1)","content":"836 Subsection 89(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nStevedoring Industry Charge Assessment Act 1947\n\n","sortOrder":537},{"sectionNumber":"837","sectionType":"section","heading":"Subsection 4(1) (definition of officer)","content":"837 Subsection 4(1) (definition of officer)\n\nStevedoring Levy (Collection) Act 1998\n\n","sortOrder":538},{"sectionNumber":"838","sectionType":"section","heading":"Subsection 17(1)","content":"838 Subsection 17(1)\n\nOmit “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”.\n\n","sortOrder":539},{"sectionNumber":"839","sectionType":"section","heading":"Subsection 17(2)","content":"839 Subsection 17(2)\n\nOmit “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”.\n\n","sortOrder":540},{"sectionNumber":"840","sectionType":"section","heading":"Subsection 17(3)","content":"840 Subsection 17(3)\n\nStudent Assistance Act 1973\n\n","sortOrder":541},{"sectionNumber":"841","sectionType":"section","heading":"Subsection 3(1) (definition of employee)","content":"841 Subsection 3(1) (definition of employee)\n\nSuperannuation Act 1976\n\n","sortOrder":542},{"sectionNumber":"842","sectionType":"section","heading":"Subsection 3(1)","content":"842 Subsection 3(1)\n\n> APS Agency means an Agency within the meaning of the Public Service Act.\n\n","sortOrder":543},{"sectionNumber":"843","sectionType":"section","heading":"Subsection 3(1)","content":"843 Subsection 3(1)\n\n> APS employee has the same meaning as in the Public Service Act.\n\n","sortOrder":544},{"sectionNumber":"844","sectionType":"section","heading":"Subsection 3(1) (definition of permanent employee)","content":"844 Subsection 3(1) (definition of permanent employee)\n\n> permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include:\n\n(a) a part‑time employee who is not an approved part‑time employee; or\n\n(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.\n\n","sortOrder":545},{"sectionNumber":"845","sectionType":"section","heading":"Subsection 3(1) (definition of Public Service Act)","content":"845 Subsection 3(1) (definition of Public Service Act)\n\n","sortOrder":546},{"sectionNumber":"846","sectionType":"section","heading":"Subsection 3(1) (definition of temporary employee)","content":"846 Subsection 3(1) (definition of temporary employee)\n\nOmit 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:”.\n\n","sortOrder":547},{"sectionNumber":"847","sectionType":"section","heading":"Subsection 3C(2) (definition of Department)","content":"847 Subsection 3C(2) (definition of Department)\n\n(a) an APS Agency; or\n\n","sortOrder":548},{"sectionNumber":"848","sectionType":"section","heading":"Paragraph 14A(1)(a)","content":"848 Paragraph 14A(1)(a)\n\n(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:\n\n(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\n\n(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;\n\n","sortOrder":549},{"sectionNumber":"849","sectionType":"section","heading":"Paragraph 14A(1)(c)","content":"849 Paragraph 14A(1)(c)\n\n","sortOrder":550},{"sectionNumber":"850","sectionType":"section","heading":"Paragraph 14A(1)(d)","content":"850 Paragraph 14A(1)(d)\n\n(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:\n\n(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\n\n(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\n\n","sortOrder":551},{"sectionNumber":"851","sectionType":"section","heading":"Subsection 14A(1A)","content":"851 Subsection 14A(1A)\n\nOmit “(1)(a), (b), (c) or (d)”, substitute “(1)(b) or (d)”.\n\n","sortOrder":552},{"sectionNumber":"852","sectionType":"section","heading":"Paragraph 14A(1A)(a)","content":"852 Paragraph 14A(1A)(a)\n\nOmit “(1)(a) or (b)”, substitute “(1)(b)”.\n\n","sortOrder":553},{"sectionNumber":"853","sectionType":"section","heading":"Paragraph 14A(1A)(b)","content":"853 Paragraph 14A(1A)(b)\n\nOmit “(1)(c) or (d)”, substitute “(1)(d)”.\n\n","sortOrder":554},{"sectionNumber":"854","sectionType":"section","heading":"Subsection 14A(1B) (paragraphs (a) and (b) of the definition of previous relevant employment)","content":"854 Subsection 14A(1B) (paragraphs (a) and (b) of the definition of previous relevant employment)\n\n(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\n\n(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.\n\n","sortOrder":555},{"sectionNumber":"855","sectionType":"section","heading":"Subsection 14A(2)","content":"855 Subsection 14A(2)\n\nOmit “a person to whom Division 2 or 3 of Part IV of the Public Service Act applies or”.\n\n","sortOrder":556},{"sectionNumber":"856","sectionType":"section","heading":"Subsection 14A(5)","content":"856 Subsection 14A(5)\n\n","sortOrder":557},{"sectionNumber":"857","sectionType":"section","heading":"Paragraph 14A(6)(a)","content":"857 Paragraph 14A(6)(a)\n\n(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\n\n","sortOrder":558},{"sectionNumber":"858","sectionType":"section","heading":"Subsection 14A(6)","content":"858 Subsection 14A(6)\n\nOmit “re‑appointment, declaration or reinstatement” (wherever occurring), substitute “re‑appointment or reinstatement”.\n\n859 Section 16A\n\n860 Subsection 21(1)\n\n861 Subsection 26(1)\n\n862 Subsection 26(2)\n\n863 Subparagraph 51(2)(f)(i)\n\n(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\n\n","sortOrder":559},{"sectionNumber":"864","sectionType":"section","heading":"Subsection 57B(1) (paragraphs (a), (b) and (c) of the definition of fixed‑term employee)","content":"864 Subsection 57B(1) (paragraphs (a), (b) and (c) of the definition of fixed‑term employee)\n\n(a) a person appointed under section 51 of the Public Service Act; or\n\n(b) an APS employee on a fixed term; or\n\n","sortOrder":560},{"sectionNumber":"865","sectionType":"section","heading":"Subsection 57B(2)","content":"865 Subsection 57B(2)\n\nOmit “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”.\n\n","sortOrder":561},{"sectionNumber":"866","sectionType":"section","heading":"Subsection 57B(2)","content":"866 Subsection 57B(2)\n\nOmit “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”.\n\n","sortOrder":562},{"sectionNumber":"867","sectionType":"section","heading":"Subsection 57B(3)","content":"867 Subsection 57B(3)\n\n","sortOrder":563},{"sectionNumber":"868","sectionType":"section","heading":"Paragraph 58(3)(aa)","content":"868 Paragraph 58(3)(aa)\n\n(aa) in the case of an SES employee—the person retires under section 37 of the Public Service Act;\n\n","sortOrder":564},{"sectionNumber":"869","sectionType":"section","heading":"Paragraph 58(3)(b)","content":"869 Paragraph 58(3)(b)\n\n(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;\n\n","sortOrder":565},{"sectionNumber":"870","sectionType":"section","heading":"Paragraph 58(3)(e)","content":"870 Paragraph 58(3)(e)\n\n","sortOrder":566},{"sectionNumber":"871","sectionType":"section","heading":"Paragraph 58(3)(f)","content":"871 Paragraph 58(3)(f)\n\nOmit “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”.\n\n","sortOrder":567},{"sectionNumber":"872","sectionType":"section","heading":"Paragraph 58(3)(g)","content":"872 Paragraph 58(3)(g)\n\n","sortOrder":568},{"sectionNumber":"873","sectionType":"section","heading":"Paragraph 58(3)(h)","content":"873 Paragraph 58(3)(h)\n\nOmit “otherwise than under the Public Service Act,”.\n\n","sortOrder":569},{"sectionNumber":"874","sectionType":"section","heading":"Subparagraph 58A(1)(c)(i)","content":"874 Subparagraph 58A(1)(c)(i)\n\n(i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or\n\n","sortOrder":570},{"sectionNumber":"875","sectionType":"section","heading":"Subparagraph 58B(1)(c)(i)","content":"875 Subparagraph 58B(1)(c)(i)\n\n(i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or\n\n","sortOrder":571},{"sectionNumber":"876","sectionType":"section","heading":"Section 120","content":"876 Section 120\n\n120 Persons to whom Part applies\n\n  This Part applies to a person if:\n\n(a) the person ceased to be an eligible employee because he or she has voluntarily terminated his or her employment in order to become:\n\n(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\n\n(ii) a candidate in an election that is prescribed under the Public Service Act for the purposes of section 32 of that Act; and\n\n(b) the termination took effect not earlier than 6 months before the day on which nominations for the election closed.\n\n","sortOrder":572},{"sectionNumber":"877","sectionType":"section","heading":"Subsection 125(3)","content":"877 Subsection 125(3)\n\nOmit “section 47C of the Public Service Act”, substitute “this section”.\n\n878 Subparagraph 159(1)(b)(i)\n\n879 Subsection 160(8) (paragraph (a) of the definition of declared authority)\n\n880 Paragraph 163A(1)(b)\n\nOmit “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,”.\n\n","sortOrder":573},{"sectionNumber":"881","sectionType":"section","heading":"Subsection 167(2) (definition of officer)","content":"881 Subsection 167(2) (definition of officer)\n\nOmit “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”.\n\n","sortOrder":574},{"sectionNumber":"882","sectionType":"section","heading":"Section 244","content":"882 Section 244\n\nSuperannuation Act 1990\n\n","sortOrder":575},{"sectionNumber":"883","sectionType":"section","heading":"Section 3 (definition of permanent employee)","content":"883 Section 3 (definition of permanent employee)\n\n> 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.\n\n","sortOrder":576},{"sectionNumber":"884","sectionType":"section","heading":"Section 3 (definition of temporary employee)","content":"884 Section 3 (definition of temporary employee)\n\nOmit 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”.\n\n","sortOrder":577},{"sectionNumber":"885","sectionType":"section","heading":"Subsection 3AA(2) (definition of Department)","content":"885 Subsection 3AA(2) (definition of Department)\n\n","sortOrder":578},{"sectionNumber":"886","sectionType":"section","heading":"Paragraph 6(1)(h)","content":"886 Paragraph 6(1)(h)\n\n(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:\n\n(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\n\n(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;\n\n887 Subparagraph 19(1)(b)(i)\n\n888 Subsection 35(4) (subparagraph (a)(i) of the definition of declared authority)\n\n889 Subparagraph 36(c)(i)\n\nSuperannuation Benefits (Supervisory Mechanisms) Act 1990\n\n","sortOrder":579},{"sectionNumber":"890","sectionType":"section","heading":"Subsection 3(1) (definition of overseas employee)","content":"890 Subsection 3(1) (definition of overseas employee)\n\nOmit “section 82AF of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.\n\n","sortOrder":580},{"sectionNumber":"891","sectionType":"section","heading":"Subsection 6(6) (definition of employer)","content":"891 Subsection 6(6) (definition of employer)\n\nOmit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.\n\nSuperannuation Contributions Tax (Assessment and Collection) Act 1997\n\n","sortOrder":581},{"sectionNumber":"892","sectionType":"section","heading":"Subsection 32(1) (paragraph (b) of the definition of person to whom this section applies)","content":"892 Subsection 32(1) (paragraph (b) of the definition of person to whom this section applies)\n\n(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\n\n","sortOrder":582},{"sectionNumber":"893","sectionType":"section","heading":"Section 36","content":"893 Section 36\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n","sortOrder":583},{"sectionNumber":"894","sectionType":"section","heading":"Section 43 (definition of authorised officer)","content":"894 Section 43 (definition of authorised officer)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\nSuperannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997\n\n","sortOrder":584},{"sectionNumber":"895","sectionType":"section","heading":"Subsection 28(1) (paragraph (b) of the definition of person to whom this section applies)","content":"895 Subsection 28(1) (paragraph (b) of the definition of person to whom this section applies)\n\n(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\n\n","sortOrder":585},{"sectionNumber":"896","sectionType":"section","heading":"Section 29","content":"896 Section 29\n\nOmit “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”.\n\n","sortOrder":586},{"sectionNumber":"897","sectionType":"section","heading":"Section 38 (definition of authorised officer)","content":"897 Section 38 (definition of authorised officer)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\nSuperannuation Guarantee (Administration) Act 1992\n\n","sortOrder":587},{"sectionNumber":"898","sectionType":"section","heading":"Subsection 5(5) (paragraph (c) of the definition of Commonwealth Department)","content":"898 Subsection 5(5) (paragraph (c) of the definition of Commonwealth Department)\n\n(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999.\n\n","sortOrder":588},{"sectionNumber":"899","sectionType":"section","heading":"Subsection 6(1) (definition of authorised officer)","content":"899 Subsection 6(1) (definition of authorised officer)\n\nOmit “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”.\n\n","sortOrder":589},{"sectionNumber":"900","sectionType":"section","heading":"Subsection 45(1) (paragraph (b) of the definition of person to whom this section applies)","content":"900 Subsection 45(1) (paragraph (b) of the definition of person to whom this section applies)\n\n(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\n\nSuperannuation Industry (Supervision) Act 1993\n\n","sortOrder":590},{"sectionNumber":"901","sectionType":"section","heading":"Subsection 10(1) (paragraph (c) of the definition of taxation officer)","content":"901 Subsection 10(1) (paragraph (c) of the definition of taxation officer)\n\n(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\n\nSuperannuation (Productivity Benefit) Act 1988\n\n","sortOrder":591},{"sectionNumber":"902","sectionType":"section","heading":"Subsection 3(1) (definition of Department)","content":"902 Subsection 3(1) (definition of Department)\n\n","sortOrder":592},{"sectionNumber":"903","sectionType":"section","heading":"Subsection 3(1) (definition of permanent employee)","content":"903 Subsection 3(1) (definition of permanent employee)\n\n> permanent employee means any person employed in a permanent capacity by the Commonwealth or by an approved authority.\n\n904 Subsection 3(1) (definition of Public Service Act)\n\n905 Subsection 3(1) (paragraph (a) of the definition of qualified employee)\n\n906 Subsection 3(1) (paragraph (b) of the definition of qualified employee)\n\n(b) a person employed by the Commonwealth; or\n\n","sortOrder":593},{"sectionNumber":"907","sectionType":"section","heading":"Subsection 3(1) (definition of temporary employee)","content":"907 Subsection 3(1) (definition of temporary employee)\n\n> 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.\n\nSuperannuation (Resolution of Complaints) Act 1993\n\n","sortOrder":594},{"sectionNumber":"908","sectionType":"section","heading":"Subsection 51(1)","content":"908 Subsection 51(1)\n\n","sortOrder":595},{"sectionNumber":"909","sectionType":"section","heading":"Subsection 62(1)","content":"909 Subsection 62(1)\n\nSydney Airport Demand Management Act 1997\n\n","sortOrder":596},{"sectionNumber":"910","sectionType":"section","heading":"Paragraph 71(b)","content":"910 Paragraph 71(b)\n\n(b) an SES employee in the Department;\n\nTaxation Administration Act 1953\n\n911 Section 2 (definition of officer)\n\n912 After section 4\n\n4A Statutory Agency etc. for purposes of Public Service Act\n\n  (1) The staff necessary to assist the Commissioner are to be persons engaged under the Public Service Act 1999.\n\n913 Subsection 5(3)\n\n914 Subsection 6(1)\n\n915 Subsection 13D(1) (paragraph (a) of the definition of officer)\n\nTelecommunications Act 1997\n\n","sortOrder":597},{"sectionNumber":"916","sectionType":"section","heading":"Subsection 347(1)","content":"916 Subsection 347(1)\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n","sortOrder":598},{"sectionNumber":"917","sectionType":"section","heading":"Subsection 347(3) (definition of Senior Executive Service office)","content":"917 Subsection 347(3) (definition of Senior Executive Service office)\n\nTelecommunications (Interception) Act 1979\n\n","sortOrder":599},{"sectionNumber":"918","sectionType":"section","heading":"Subsection 5(1) (subparagraph (b)(ii) of the definition of certifying officer)","content":"918 Subsection 5(1) (subparagraph (b)(ii) of the definition of certifying officer)\n\nOmit “a Senior Executive Service officer within the meaning of the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.\n\nTelecommunications (Transitional Provisions and Consequential Amendments) Act 1997\n\n919 Paragraph 25(1)(b)\n\n920 Subsection 25(3)\n\n921 Paragraph 35(1)(b)\n\n922 Subsection 35(3)\n\nTelstra Corporation Act 1991\n\n923 Section 3 (definition of Senior Executive Service office)\n\n924 Subsection 8AW(6) (paragraph (c) of the definition of associated person)\n\n925 Paragraph 8BB(1)(b)\n\n926 Paragraph 8BB(2)(b)\n\n927 Paragraph 8CB(1)(b)\n\n928 Paragraph 8CB(2)(b)\n\n929 Paragraph 69(1)(b)\n\n930 Paragraph 70(1)(b)\n\n931 Subsection 71(1)\n\nOmit “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”.\n\nTermination Payments Tax (Assessment and Collection) Act 1997\n\n","sortOrder":600},{"sectionNumber":"932","sectionType":"section","heading":"Subsection 23(1) (paragraph (b) of the definition of person to whom this section applies)","content":"932 Subsection 23(1) (paragraph (b) of the definition of person to whom this section applies)\n\n(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\n\n","sortOrder":601},{"sectionNumber":"933","sectionType":"section","heading":"Section 24","content":"933 Section 24\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n","sortOrder":602},{"sectionNumber":"934","sectionType":"section","heading":"Section 31 (definition of authorised officer)","content":"934 Section 31 (definition of authorised officer)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\nTextile, Clothing and Footwear Strategic Investment Program Act 1999\n\n","sortOrder":603},{"sectionNumber":"935","sectionType":"section","heading":"Subsection 52(6) (paragraph (a) of the definition of senior officer)","content":"935 Subsection 52(6) (paragraph (a) of the definition of senior officer)\n\nTherapeutic Goods Act 1989\n\n","sortOrder":604},{"sectionNumber":"936","sectionType":"section","heading":"Subsection 6A(2)","content":"936 Subsection 6A(2)\n\n  (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.\n\n","sortOrder":605},{"sectionNumber":"937","sectionType":"section","heading":"Paragraph 57(1)(b)","content":"937 Paragraph 57(1)(b)\n\nOmit “another Department or of”.\n\n","sortOrder":606},{"sectionNumber":"938","sectionType":"section","heading":"After paragraph 57(1)(b)","content":"938 After paragraph 57(1)(b)\n\n(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\n\nTobacco Charges Assessment Act 1955\n\n","sortOrder":607},{"sectionNumber":"939","sectionType":"section","heading":"Subsection 4(1) (definition of officer)","content":"939 Subsection 4(1) (definition of officer)\n\nTrade Marks Act 1995\n\n","sortOrder":608},{"sectionNumber":"940","sectionType":"section","heading":"Section 6 (definition of employee)","content":"940 Section 6 (definition of employee)\n\n> employee means a person engaged under the Public Service Act 1999.\n\n","sortOrder":609},{"sectionNumber":"941","sectionType":"section","heading":"Section 6 (paragraph (a) of the definition of trade marks officer)","content":"941 Section 6 (paragraph (a) of the definition of trade marks officer)\n\n","sortOrder":610},{"sectionNumber":"942","sectionType":"section","heading":"Section 6 (paragraph (c) of the definition of trade marks officer)","content":"942 Section 6 (paragraph (c) of the definition of trade marks officer)\n\nOmit “(a) or”.\n\n","sortOrder":611},{"sectionNumber":"943","sectionType":"section","heading":"Subsection 206(1)","content":"943 Subsection 206(1)\n\nOmit all the words after “functions”, substitute “to a prescribed employee, or employees in a prescribed class, employed in the Trade Marks Office”.\n\nTrade Practices Act 1974\n\n944 Subsection 12(1)\n\n945 Subsection 27(1)\n\n946 Subsections 27(2) and (3)\n\n(a) the Chairperson of the Commission and the APS employees assisting the Chairperson together constitute a Statutory Agency; and\n\n947 Subsection 29G(1)\n\n948 Subsection 29M(1)\n\n949 Subsection 29M(2)\n\n(a) the Council President and the APS employees assisting the Council President together constitute a Statutory Agency; and\n\n(b) the Council President is the Head of that Statutory Agency.\n\n","sortOrder":612},{"sectionNumber":"950","sectionType":"section","heading":"Subsection 44(3)","content":"950 Subsection 44(3)\n\n","sortOrder":613},{"sectionNumber":"951","sectionType":"section","heading":"Subsection 44A(1)","content":"951 Subsection 44A(1)\n\nOmit “an officer or employee for the purposes of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n","sortOrder":614},{"sectionNumber":"952","sectionType":"section","heading":"Section 65T","content":"952 Section 65T\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.\n\n","sortOrder":615},{"sectionNumber":"953","sectionType":"section","heading":"Section 10.80","content":"953 Section 10.80\n\n","sortOrder":616},{"sectionNumber":"954","sectionType":"section","heading":"Subsection 170(2)","content":"954 Subsection 170(2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.\n\n","sortOrder":617},{"sectionNumber":"955","sectionType":"section","heading":"Subsection 170(2)","content":"955 Subsection 170(2)\n\nTrade Representatives Act 1933\n\n","sortOrder":618},{"sectionNumber":"956","sectionType":"section","heading":"Section 4","content":"956 Section 4\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":619},{"sectionNumber":"957","sectionType":"section","heading":"Section 4","content":"957 Section 4\n\nOmit “the Public Service Act 1922”, substitute “that Act”.\n\n","sortOrder":620},{"sectionNumber":"958","sectionType":"section","heading":"Subsection 10(2)","content":"958 Subsection 10(2)\n\nOmit “Commonwealth Public Service Act 1922‑1932 or of the Public Service Act 1922”, substitute “Public Service Act 1999”.\n\n","sortOrder":621},{"sectionNumber":"959","sectionType":"section","heading":"Paragraph 11(4)(a)","content":"959 Paragraph 11(4)(a)\n\n","sortOrder":622},{"sectionNumber":"960","sectionType":"section","heading":"Subsections 11C(1) and (2)","content":"960 Subsections 11C(1) and (2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nTransport (Planning and Research) Act 1974\n\n","sortOrder":623},{"sectionNumber":"961","sectionType":"section","heading":"Subsection 18(1)","content":"961 Subsection 18(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nTransport Planning and Research (Financial Assistance) Act 1977\n\n","sortOrder":624},{"sectionNumber":"962","sectionType":"section","heading":"Subsection 14(1)","content":"962 Subsection 14(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nVeterans’ Entitlements Act 1986\n\n963 Subsection 89(3)\n\n964 Subsection 162(1)\n\n965 Section 172\n\n966 Section 184\n\n967 At the end of paragraphs 184(a), (b) and (c)\n\nAdd “and”.\n\n","sortOrder":625},{"sectionNumber":"968","sectionType":"section","heading":"Paragraph 184(d)","content":"968 Paragraph 184(d)\n\nOmit “President; and”, substitute “President.”.\n\n969 Paragraph 184(e)\n\n970 Subsection 186(1)\n\n971 Paragraph 193(1)(b)\n\n972 Section 196\n\n973 Section 196T\n\n974 Section 196ZM\n\n975 Paragraph 212(1)(a)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":626},{"sectionNumber":"976","sectionType":"section","heading":"Subsection 213(1)","content":"976 Subsection 213(1)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n","sortOrder":627},{"sectionNumber":"977","sectionType":"section","heading":"Subsection 214(1)","content":"977 Subsection 214(1)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nWar Graves Act 1980\n\n","sortOrder":628},{"sectionNumber":"978","sectionType":"section","heading":"Subsection 7(1)","content":"978 Subsection 7(1)\n\nWet Tropics of Queensland World Heritage Area Conservation Act 1994\n\n","sortOrder":629},{"sectionNumber":"979","sectionType":"section","heading":"Paragraph 7(a)","content":"979 Paragraph 7(a)\n\n(a) persons engaged under the Public Service Act 1999; or\n\nWildlife Protection (Regulation of Exports and Imports) Act 1982\n\n","sortOrder":630},{"sectionNumber":"980","sectionType":"section","heading":"Paragraph 18(2)(d)","content":"980 Paragraph 18(2)(d)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\nWilliamstown Dockyard Employees Act 1987\n\n","sortOrder":631},{"sectionNumber":"981","sectionType":"section","heading":"Section 3 (paragraph (a) of the definition of relevant employee)","content":"981 Section 3 (paragraph (a) of the definition of relevant employee)\n\n","sortOrder":632},{"sectionNumber":"982","sectionType":"section","heading":"Section 3 (definition of the Service)","content":"982 Section 3 (definition of the Service)\n\nWool Tax (Administration) Act 1964\n\n","sortOrder":633},{"sectionNumber":"983","sectionType":"section","heading":"Subsection 4(1) (definition of officer)","content":"983 Subsection 4(1) (definition of officer)\n\nWorkplace Relations Act 1996\n\n984 Subsection 4(1) (paragraph (a) of the definition of public sector employment)\n\n985 Subsection 26(1)\n\n986 Subsection 72(1)\n\n987 Subsection 83(1)\n\n988 Subsection 83(2)\n\n(a) the Industrial Registrar and the APS employees assisting the Industrial Registrar together constitute a Statutory Agency; and\n\n(b) the Industrial Registrar is the Head of that Statutory Agency.\n\n989 Section 83BD\n\n990 Subsection 83BL(1)\n\n991 Paragraph 84(2)(a)\n\n992 Subsection 84(3)\n\n993 Subsection 170CD(1) (paragraph (a) of the definition of Commonwealth public sector employee)\n\n(a) under the Public Service Act 1999; or\n\n","sortOrder":634},{"sectionNumber":"994","sectionType":"section","heading":"Section 170WK","content":"994 Section 170WK\n\n170WK AWAs with Commonwealth employees\n\n  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.\n\nWorkplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999\n\n","sortOrder":635},{"sectionNumber":"995","sectionType":"section","heading":"Subsection 2(9)","content":"995 Subsection 2(9)\n\nOmit “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”.\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 30 March 1999\n\nSenate on 14 October 1999\\]\n\n(66/99)\n\n## Division 1 Preliminary\n\n### Division 1—Preliminary\n\n777 After section 3\n\nDivision 2—Determinations and reports by the Remuneration Tribunal\n\n778 Subsection 5(2)\n\n  (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.\n  (2A) An additional function of the Tribunal is to:\n\n(a) determine a classification structure for principal executive offices; and\n\n(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.\n\n  (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:\n\n(a) the office of Public Service Commissioner;\n\n(b) the office of Merit Protection Commissioner;\n\n(c) offices of Secretary;\n\n(d) offices of Heads of Executive Agencies.\n\n  (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.\n  (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:\n\n(a) the office of Parliamentary Service Commissioner;\n\n(b) the office of Parliamentary Service Merit Protection Commissioner;\n\n(c) offices of Secretary.\n\n779 Subsection 5(3)\n\nOmit “subsection (2)”, substitute “this section”.\n\n780 Subsection 7(3)\n\nOmit “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”.\n\n781 At the end of Part II\n\nAdd:\n\nDivision 3—Determinations by employing bodies for principal executive offices\n\n12C Terms and conditions determined by employing body\n\n  (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.\n  (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.\n  (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.\n\nRepatriation Institutions (Transfer) Act 1992\n\n782 Subsection 3(1) (definition of employee)\n\n783 Subsection 3(1) (definition of officer)\n\n784 Subsection 3(1) (definition of the Service)\n\n785 Subsection 4(2)\n\nAfter “office” (wherever occurring), insert “or position”.\n\n786 Paragraph 13(1)(b)\n\n787 Section 16\n\nOmit 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”.\n\n788 Section 17\n\nReserve Bank Act 1959\n\n789 Subsection 14(2)\n\nOmit “officers of the Bank or of the Australian Public Service”, substitute “officials”.\n\n790 Subsection 14(3)\n\n791 Subsection 14(4)\n\n792 Subsection 14(5)\n\n793 At the end of section 14\n\nAdd:\n\n  (6) In this section:\n\n> official means:\n\n(a) an officer of the Bank; or\n\n(b) a person appointed or engaged under the Public Service Act 1999.\n\nResource Assessment Commission Act 1989\n\n794 Subsection 49(1)\n\nOmit “and section 87E of the Public Service Act 1922”.\n\nRoads Grants Act 1974\n\n795 Subsection 15(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nRoads Grants Act 1980\n\n796 Subsection 38(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nRoads Grants Act 1981\n\n797 Subsection 33(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nRural Adjustment Act 1992\n\n798 Section 20C\n\nOmit “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”.\n\n799 Subsection 21A(2)\n\nOmit “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”.\n\nRural Adjustment Amendment Act 1999\n\n800 Subsection 2(2)\n\nSafety, Rehabilitation and Compensation Act 1988\n\n801 Subsection 81(1)\n\n802 Subsection 86(2)\n\nOmit “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”.\n\n803 Paragraph 88(1)(a)\n\n804 Subsection 88(2)\n\n(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and\n\n805 Subsection 114A(2) (definition of Department)\n\n806 Subsection 114A(2) (definition of Secretary)\n\nScience and Industry Research Act 1949\n\n807 Subsection 10C(1)\n\nSeafarers Rehabilitation and Compensation Act 1992\n\n808 Subsection 125(1)\n\n  (1) The Authority may, by resolution, delegate all or any of its powers or functions to a person in the Department:\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).\n\nSeafarers Rehabilitation and Compensation Levy Collection Act 1992\n\n809 Section 11\n\n11 Appointment of authorised persons\n\n  The Secretary may, in writing, appoint a person in the Department:\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b);\n\n  to be an authorised person for the purposes of a specified provision of this Act.\n\n810 Subsection 15(1)\n\n  (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:\n\n(b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or\n\n(c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b).\n\nSea Installations Act 1987\n\n811 Paragraph 74(1)(c)\n\nSex Discrimination Act 1984\n\n812 Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee)\n\n813 Subsection 4(1) (definition of Department)\n\nOmit “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”.\n\n814 Subsection 99(1)\n\nShipping Registration Act 1981\n\n815 Subsection 3(1) (definition of employee)\n\n816 Subsection 52(1)\n\nOmit “an officer of or employee in the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n817 Subsection 53(1)\n\nOmit “an officer of or employee in the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nShips (Capital Grants) Act 1987\n\n818 Subsection 36(1)\n\nOmit “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”.\n\nSnowy Mountains Engineering Corporation Limited Sale Act 1993\n\n819 Subsection 35(3) (paragraph (b) of the definition of authorised person)\n\n820 Subsection 38(4) (paragraph (c) of the definition of authorised person)\n\n(c) an SES employee, or acting SES employee, in that Department, authorised by the Secretary, in writing, for the purposes of this section.\n\nSnowy Mountains Hydro‑electric Power Act 1949\n\n821 Subsection 11(1)\n\nSocial Security Act 1991\n\n822 Subsection 1331(1)\n\n823 Section 1341\n\nSocial Security (Administration) Act 1999\n\n824 Subclause 14(1) of Schedule 3\n\n825 Clause 24 of Schedule 3\n\nSpecial Broadcasting Service Act 1991\n\n826 Subsection 34(1)\n\n827 Subsection 81(4)\n\nSpecial Prosecutors Act 1982\n\n828 Paragraph 18(a)\n\nOmit “appointed or employed under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”.\n\nStates Grants (Education Assistance—Participation and Equity) Act 1983\n\n829 Paragraph 31(1)(c)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nStates Grants (Petroleum Products) Act 1965\n\n830 Subsection 5(2)\n\n831 Paragraph 5(3)(a)\n\nOmit “an officer of the Australian Public Service”, substitute “a person engaged under the Public Service Act 1999 (the public servant)”.\n\n832 Paragraph 5(3)(a)\n\nOmit “such an officer”, substitute “the public servant”.\n\n833 Subsection 5(3A)\n\nOmit “an officer” (wherever occurring), substitute “the public servant”.\n\nStates Grants (Roads) Act 1977\n\n834 Subsection 34(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nStates Grants (Schools Assistance) Act 1983\n\n835 Subsection 76(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nStates Grants (Schools Assistance) Act 1984\n\n836 Subsection 89(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nStevedoring Industry Charge Assessment Act 1947\n\n837 Subsection 4(1) (definition of officer)\n\nStevedoring Levy (Collection) Act 1998\n\n838 Subsection 17(1)\n\nOmit “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”.\n\n839 Subsection 17(2)\n\nOmit “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”.\n\n840 Subsection 17(3)\n\nStudent Assistance Act 1973\n\n841 Subsection 3(1) (definition of employee)\n\nSuperannuation Act 1976\n\n842 Subsection 3(1)\n\n> APS Agency means an Agency within the meaning of the Public Service Act.\n\n843 Subsection 3(1)\n\n> APS employee has the same meaning as in the Public Service Act.\n\n844 Subsection 3(1) (definition of permanent employee)\n\n> permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include:\n\n(a) a part‑time employee who is not an approved part‑time employee; or\n\n(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.\n\n845 Subsection 3(1) (definition of Public Service Act)\n\n846 Subsection 3(1) (definition of temporary employee)\n\nOmit 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:”.\n\n847 Subsection 3C(2) (definition of Department)\n\n(a) an APS Agency; or\n\n848 Paragraph 14A(1)(a)\n\n(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:\n\n(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\n\n(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;\n\n849 Paragraph 14A(1)(c)\n\n850 Paragraph 14A(1)(d)\n\n(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:\n\n(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\n\n(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\n\n851 Subsection 14A(1A)\n\nOmit “(1)(a), (b), (c) or (d)”, substitute “(1)(b) or (d)”.\n\n852 Paragraph 14A(1A)(a)\n\nOmit “(1)(a) or (b)”, substitute “(1)(b)”.\n\n853 Paragraph 14A(1A)(b)\n\nOmit “(1)(c) or (d)”, substitute “(1)(d)”.\n\n854 Subsection 14A(1B) (paragraphs (a) and (b) of the definition of previous relevant employment)\n\n(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\n\n(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.\n\n855 Subsection 14A(2)\n\nOmit “a person to whom Division 2 or 3 of Part IV of the Public Service Act applies or”.\n\n856 Subsection 14A(5)\n\n857 Paragraph 14A(6)(a)\n\n(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\n\n858 Subsection 14A(6)\n\nOmit “re‑appointment, declaration or reinstatement” (wherever occurring), substitute “re‑appointment or reinstatement”.\n\n859 Section 16A\n\n860 Subsection 21(1)\n\n861 Subsection 26(1)\n\n862 Subsection 26(2)\n\n863 Subparagraph 51(2)(f)(i)\n\n(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\n\n864 Subsection 57B(1) (paragraphs (a), (b) and (c) of the definition of fixed‑term employee)\n\n(a) a person appointed under section 51 of the Public Service Act; or\n\n(b) an APS employee on a fixed term; or\n\n865 Subsection 57B(2)\n\nOmit “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”.\n\n866 Subsection 57B(2)\n\nOmit “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”.\n\n867 Subsection 57B(3)\n\n868 Paragraph 58(3)(aa)\n\n(aa) in the case of an SES employee—the person retires under section 37 of the Public Service Act;\n\n869 Paragraph 58(3)(b)\n\n(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;\n\n870 Paragraph 58(3)(e)\n\n871 Paragraph 58(3)(f)\n\nOmit “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”.\n\n872 Paragraph 58(3)(g)\n\n873 Paragraph 58(3)(h)\n\nOmit “otherwise than under the Public Service Act,”.\n\n874 Subparagraph 58A(1)(c)(i)\n\n(i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or\n\n875 Subparagraph 58B(1)(c)(i)\n\n(i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or\n\n876 Section 120\n\n120 Persons to whom Part applies\n\n  This Part applies to a person if:\n\n(a) the person ceased to be an eligible employee because he or she has voluntarily terminated his or her employment in order to become:\n\n(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\n\n(ii) a candidate in an election that is prescribed under the Public Service Act for the purposes of section 32 of that Act; and\n\n(b) the termination took effect not earlier than 6 months before the day on which nominations for the election closed.\n\n877 Subsection 125(3)\n\nOmit “section 47C of the Public Service Act”, substitute “this section”.\n\n878 Subparagraph 159(1)(b)(i)\n\n879 Subsection 160(8) (paragraph (a) of the definition of declared authority)\n\n880 Paragraph 163A(1)(b)\n\nOmit “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,”.\n\n881 Subsection 167(2) (definition of officer)\n\nOmit “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”.\n\n882 Section 244\n\nSuperannuation Act 1990\n\n883 Section 3 (definition of permanent employee)\n\n> 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.\n\n884 Section 3 (definition of temporary employee)\n\nOmit 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”.\n\n885 Subsection 3AA(2) (definition of Department)\n\n886 Paragraph 6(1)(h)\n\n(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:\n\n(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\n\n(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;\n\n887 Subparagraph 19(1)(b)(i)\n\n888 Subsection 35(4) (subparagraph (a)(i) of the definition of declared authority)\n\n889 Subparagraph 36(c)(i)\n\nSuperannuation Benefits (Supervisory Mechanisms) Act 1990\n\n890 Subsection 3(1) (definition of overseas employee)\n\nOmit “section 82AF of the Public Service Act 1922”, substitute “section 71 of the Public Service Act 1999”.\n\n891 Subsection 6(6) (definition of employer)\n\nOmit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”.\n\nSuperannuation Contributions Tax (Assessment and Collection) Act 1997\n\n892 Subsection 32(1) (paragraph (b) of the definition of person to whom this section applies)\n\n(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\n\n893 Section 36\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n894 Section 43 (definition of authorised officer)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\nSuperannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997\n\n895 Subsection 28(1) (paragraph (b) of the definition of person to whom this section applies)\n\n(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\n\n896 Section 29\n\nOmit “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”.\n\n897 Section 38 (definition of authorised officer)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\nSuperannuation Guarantee (Administration) Act 1992\n\n898 Subsection 5(5) (paragraph (c) of the definition of Commonwealth Department)\n\n(c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999.\n\n899 Subsection 6(1) (definition of authorised officer)\n\nOmit “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”.\n\n900 Subsection 45(1) (paragraph (b) of the definition of person to whom this section applies)\n\n(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\n\nSuperannuation Industry (Supervision) Act 1993\n\n901 Subsection 10(1) (paragraph (c) of the definition of taxation officer)\n\n(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\n\nSuperannuation (Productivity Benefit) Act 1988\n\n902 Subsection 3(1) (definition of Department)\n\n903 Subsection 3(1) (definition of permanent employee)\n\n> permanent employee means any person employed in a permanent capacity by the Commonwealth or by an approved authority.\n\n904 Subsection 3(1) (definition of Public Service Act)\n\n905 Subsection 3(1) (paragraph (a) of the definition of qualified employee)\n\n906 Subsection 3(1) (paragraph (b) of the definition of qualified employee)\n\n(b) a person employed by the Commonwealth; or\n\n907 Subsection 3(1) (definition of temporary employee)\n\n> 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.\n\nSuperannuation (Resolution of Complaints) Act 1993\n\n908 Subsection 51(1)\n\n909 Subsection 62(1)\n\nSydney Airport Demand Management Act 1997\n\n910 Paragraph 71(b)\n\n(b) an SES employee in the Department;\n\nTaxation Administration Act 1953\n\n911 Section 2 (definition of officer)\n\n912 After section 4\n\n4A Statutory Agency etc. for purposes of Public Service Act\n\n  (1) The staff necessary to assist the Commissioner are to be persons engaged under the Public Service Act 1999.\n\n913 Subsection 5(3)\n\n914 Subsection 6(1)\n\n915 Subsection 13D(1) (paragraph (a) of the definition of officer)\n\nTelecommunications Act 1997\n\n916 Subsection 347(1)\n\nOmit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”.\n\n917 Subsection 347(3) (definition of Senior Executive Service office)\n\nTelecommunications (Interception) Act 1979\n\n918 Subsection 5(1) (subparagraph (b)(ii) of the definition of certifying officer)\n\nOmit “a Senior Executive Service officer within the meaning of the Public Service Act 1922”, substitute “an SES employee or acting SES employee”.\n\nTelecommunications (Transitional Provisions and Consequential Amendments) Act 1997\n\n919 Paragraph 25(1)(b)\n\n920 Subsection 25(3)\n\n921 Paragraph 35(1)(b)\n\n922 Subsection 35(3)\n\nTelstra Corporation Act 1991\n\n923 Section 3 (definition of Senior Executive Service office)\n\n924 Subsection 8AW(6) (paragraph (c) of the definition of associated person)\n\n925 Paragraph 8BB(1)(b)\n\n926 Paragraph 8BB(2)(b)\n\n927 Paragraph 8CB(1)(b)\n\n928 Paragraph 8CB(2)(b)\n\n929 Paragraph 69(1)(b)\n\n930 Paragraph 70(1)(b)\n\n931 Subsection 71(1)\n\nOmit “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”.\n\nTermination Payments Tax (Assessment and Collection) Act 1997\n\n932 Subsection 23(1) (paragraph (b) of the definition of person to whom this section applies)\n\n(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\n\n933 Section 24\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n934 Section 31 (definition of authorised officer)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”.\n\nTextile, Clothing and Footwear Strategic Investment Program Act 1999\n\n935 Subsection 52(6) (paragraph (a) of the definition of senior officer)\n\nTherapeutic Goods Act 1989\n\n936 Subsection 6A(2)\n\n  (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.\n\n937 Paragraph 57(1)(b)\n\nOmit “another Department or of”.\n\n938 After paragraph 57(1)(b)\n\n(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\n\nTobacco Charges Assessment Act 1955\n\n939 Subsection 4(1) (definition of officer)\n\nTrade Marks Act 1995\n\n940 Section 6 (definition of employee)\n\n> employee means a person engaged under the Public Service Act 1999.\n\n941 Section 6 (paragraph (a) of the definition of trade marks officer)\n\n942 Section 6 (paragraph (c) of the definition of trade marks officer)\n\nOmit “(a) or”.\n\n943 Subsection 206(1)\n\nOmit all the words after “functions”, substitute “to a prescribed employee, or employees in a prescribed class, employed in the Trade Marks Office”.\n\nTrade Practices Act 1974\n\n944 Subsection 12(1)\n\n945 Subsection 27(1)\n\n946 Subsections 27(2) and (3)\n\n(a) the Chairperson of the Commission and the APS employees assisting the Chairperson together constitute a Statutory Agency; and\n\n947 Subsection 29G(1)\n\n948 Subsection 29M(1)\n\n949 Subsection 29M(2)\n\n(a) the Council President and the APS employees assisting the Council President together constitute a Statutory Agency; and\n\n(b) the Council President is the Head of that Statutory Agency.\n\n950 Subsection 44(3)\n\n951 Subsection 44A(1)\n\nOmit “an officer or employee for the purposes of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\n952 Section 65T\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”.\n\n953 Section 10.80\n\n954 Subsection 170(2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”.\n\n955 Subsection 170(2)\n\nTrade Representatives Act 1933\n\n956 Section 4\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n957 Section 4\n\nOmit “the Public Service Act 1922”, substitute “that Act”.\n\n958 Subsection 10(2)\n\nOmit “Commonwealth Public Service Act 1922‑1932 or of the Public Service Act 1922”, substitute “Public Service Act 1999”.\n\n959 Paragraph 11(4)(a)\n\n960 Subsections 11C(1) and (2)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nTransport (Planning and Research) Act 1974\n\n961 Subsection 18(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nTransport Planning and Research (Financial Assistance) Act 1977\n\n962 Subsection 14(1)\n\nOmit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nVeterans’ Entitlements Act 1986\n\n963 Subsection 89(3)\n\n964 Subsection 162(1)\n\n965 Section 172\n\n966 Section 184\n\n967 At the end of paragraphs 184(a), (b) and (c)\n\nAdd “and”.\n\n968 Paragraph 184(d)\n\nOmit “President; and”, substitute “President.”.\n\n969 Paragraph 184(e)\n\n970 Subsection 186(1)\n\n971 Paragraph 193(1)(b)\n\n972 Section 196\n\n973 Section 196T\n\n974 Section 196ZM\n\n975 Paragraph 212(1)(a)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n976 Subsection 213(1)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\n977 Subsection 214(1)\n\nOmit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”.\n\nWar Graves Act 1980\n\n978 Subsection 7(1)\n\nWet Tropics of Queensland World Heritage Area Conservation Act 1994\n\n979 Paragraph 7(a)\n\n(a) persons engaged under the Public Service Act 1999; or\n\nWildlife Protection (Regulation of Exports and Imports) Act 1982\n\n980 Paragraph 18(2)(d)\n\nOmit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”.\n\nWilliamstown Dockyard Employees Act 1987\n\n981 Section 3 (paragraph (a) of the definition of relevant employee)\n\n982 Section 3 (definition of the Service)\n\nWool Tax (Administration) Act 1964\n\n983 Subsection 4(1) (definition of officer)\n\nWorkplace Relations Act 1996\n\n984 Subsection 4(1) (paragraph (a) of the definition of public sector employment)\n\n985 Subsection 26(1)\n\n986 Subsection 72(1)\n\n987 Subsection 83(1)\n\n988 Subsection 83(2)\n\n(a) the Industrial Registrar and the APS employees assisting the Industrial Registrar together constitute a Statutory Agency; and\n\n(b) the Industrial Registrar is the Head of that Statutory Agency.\n\n989 Section 83BD\n\n990 Subsection 83BL(1)\n\n991 Paragraph 84(2)(a)\n\n992 Subsection 84(3)\n\n993 Subsection 170CD(1) (paragraph (a) of the definition of Commonwealth public sector employee)\n\n(a) under the Public Service Act 1999; or\n\n994 Section 170WK\n\n170WK AWAs with Commonwealth employees\n\n  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.\n\nWorkplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999\n\n995 Subsection 2(9)\n\nOmit “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”.\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 30 March 1999\n\nSenate on 14 October 1999\\]\n\n(66/99)","sortOrder":636}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2006},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation remains strictly within its intended scope of facilitating the transition from the Public Service Act 1922 to the Public Service Act 1999. While it contains hundreds of amendments to other legislation, this breadth is integral and necessary for the reform, not an expansion beyond the original purpose."},"complexity_factors":["24 defined terms in Part 3 alone (e.g., 'first-tier person', 'corresponding Agency', 'transitional 82D determination')","Over 995 individual amendment items in Schedule 1 affecting hundreds of separate Acts","Complex conditional commencement provisions in section 2 (7 subsections with cascading if-then logic)","Multiple conversion formulas in section 5 for different employee categories (fixed-term SES, continuing SES, non-SES, term employees, overseas-engaged)","Nested transitional rights schemes (first-tier and second-tier persons under Part IV of the old Act) with time limits and conditional triggers","Extensive cross-referencing between the repealed 1922 Act, the new 1999 Act, and this transitional Act","Special handling for pre-commencement misconduct and incomplete disciplinary proceedings"],"plain_english_summary":"**What this Act does**\n\nThis Act is the machinery that switches Australia's public service from the old **Public Service Act 1922** to the new **Public Service Act 1999**. It ensures the changeover happens smoothly without anyone losing their job or existing rights.\n\n**Key changes**\n\n*   **Repeal of the old system**: It wipes out the 1922 Act and the *Merit Protection (Australian Government Employees) Act 1984*.\n*   **Automatic conversion**: When the new Act starts, existing public servants are automatically converted to the new categories:\n    *   *Officers* become **APS employees** (ongoing or non-ongoing).\n    *   *SES officers* become **SES employees**.\n    *   *Department Secretaries* become **Agency Heads** (or just \"Secretaries\" under the new Act).\n*   **Protecting old rights**: People who had redundancy or redeployment rights under the old system (called \"first-tier\" and \"second-tier\" persons) keep those rights for a transitional period.\n*   **Updating other laws**: It changes references in hundreds of other Acts (like the *Crimes Act*, *Taxation Administration Act*, *Migration Act*, etc.) to replace old terms like \"officer of the Australian Public Service\" with new terms like **\"APS employee\"** or **\"SES employee\"**.\n*   **Misconduct and discipline**: It allows disciplinary actions started under the old Act to continue, and lets Agency Heads deal with misconduct that happened before the switch.\n*   **Statutory Agencies**: It creates \"Statutory Agencies\" under the new Act for various independent offices (like the Auditor-General, Ombudsman, and Australian Electoral Commissioner) so they can employ their own staff.\n\n**Who it affects**\n\n*   All existing Australian Public Service staff in 1999.\n*   Agency Heads (formerly Departmental Secretaries).\n*   Statutory office holders (e.g., Auditor-General, Ombudsman).\n*   Anyone dealing with public service employment laws, superannuation, or long service leave."}},"importantCases":[],"_links":{"self":"/api/acts/public-employment-consequential-and-transitional-amendment-act-1999","history":"/api/acts/public-employment-consequential-and-transitional-amendment-act-1999/history","analysis":"/api/acts/public-employment-consequential-and-transitional-amendment-act-1999/analysis","conflicts":"/api/acts/public-employment-consequential-and-transitional-amendment-act-1999/conflicts","importantCases":"/api/acts/public-employment-consequential-and-transitional-amendment-act-1999/important-cases","documents":"/api/acts/public-employment-consequential-and-transitional-amendment-act-1999/documents"}}