An Act to amend the Australian Civilian Corps Act 2011, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Part 1—Amendment of the Australian Civilian Corps Act 2011
Australian Civilian Corps Act 2011
Part 2—Amendment of the Australian Civilian Corps Regulations 2011
Australian Civilian Corps Regulations 2011
Part 3—Amendment of the Prime Minister’s Australian Civilian Corps Directions 2012
Prime Minister’s Australian Civilian Corps Directions 2012
Part 4—Amendment of the Director‑General’s Australian Civilian Corps Directions 2011
Director‑General’s Australian Civilian Corps Directions 2011
Part 5—Transitional provisions
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Australian Civilian Corps Amendment Act 2013
No. 140, 2013
An Act to amend the Australian Civilian Corps Act 2011, and for related purposes
[Assented to 13 December 2013]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Australian Civilian Corps Amendment Act 2013.
2 Commencement
This Act commences on the day this Act receives the Royal Assent.
3 Schedule(s)
(1) Each Act, and each set of regulations or directions, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.
Section 1 - Australian Civilian Corps Amendment Act 2013 - Australian Civilian Corps Amendment Act 2013 | Zoe
(3) The amendment of any direction under subsection (1) does not prevent the direction, as so amended, from being amended or repealed by the Prime Minister or the Secretary of the Department (as the case requires).
Schedule 1—Amendments
Part 1—Amendment of the Australian Civilian Corps Act 2011
Australian Civilian Corps Act 2011
1 Section 4 (third paragraph)
Omit “Director‑General of AusAID”, substitute “Secretary of the Department”.
2 Section 5 (definition of AusAID)
Repeal the definition.
3 Section 5 (definition of Director‑General)
Repeal the definition.
4 Section 5
Insert:
Secretary means the Secretary of the Department.
5 Section 11
Omit “Director‑General, under the Minister,”, substitute “Secretary”.
6 Section 13 (heading)
Repeal the heading, substitute:
13 Secretary’s directions about the Australian Civilian Corps Values
7 Subsection 13(1)
Omit “Director‑General”, substitute “Secretary”.
8 Section 14 (heading)
Repeal the heading, substitute:
14 Secretary must uphold and promote the Australian Civilian Corps Values
9 Section 14
Omit “Director‑General”, substitute “Secretary”.
10 Section 16 (heading)
Repeal the heading, substitute:
16 Secretary’s directions about the Australian Civilian Corps Code of Conduct
Part 4—Amendment of the Director‑General’s Australian Civilian Corps Directions 2011
Director‑General’s Australian Civilian Corps Directions 2011
65 Before clause 1.1
Insert:
1.1A Name of Directions
These Directions are the Secretary’s Australian Civilian Corps Directions 2011.
66 Subclause 1.3(1) (definition of Ethics Director)
Repeal the definition, substitute:
Ethics Director means the person holding or performing the duties of the Director position in the section of the Department that has responsibility for the ACC Values and ACC Code of Conduct.
67 Subclause 1.3(1) (definition of HR ADG)
Repeal the definition.
68 Subclause 1.3(1)
Insert:
HR AS means the person holding or performing the duties of the Senior Executive Band 1 position in the branch of the Department that has responsibility for personnel and employment matters.
69 Subclause 1.3(1) (paragraph (b) of the definition of senior representative of the Australian Government)
Omit “AusAID”, substitute “the Department”.
70 Paragraph 1.3(2)(b)
Omit “AusAID”, substitute “the Department”.
71 Clause 2.1
Omit “Director‑General”, substitute “Secretary”.
72 Subclause 2.2(1)
Omit “Director‑General”, substitute “Secretary”.
73 Subclause 2.2(2)
Omit “AusAID”, substitute “Department’s”.
74 Subclause 2.2(3)
Omit “Director‑General”, substitute “Secretary”.
75 Subclauses 2.3(1) and (2)
Omit “Director‑General”, substitute “Secretary”.
76 Clause 2.4 (heading)
Repeal the heading, substitute:
2.4 The Secretary provides, to the extent possible, a workplace that is free from discrimination and recognises and utilises the diversity of the Australian community
Omit “AusAID” (first, second and third occurring), substitute “the Department”.
101 Clause 6 of the Schedule
Omit “ADG” (first occurring), substitute “AS”.
102 Subclause 6.1 of the Schedule
Omit “ADG”, substitute “AS”.
103 Subclause 6.3 of the Schedule
Omit “AusAID”, substitute “the Department”.
104 Subclause 6.3 of the Schedule
Omit “presented to the Collector of Public Monies (CPM) in Finance Branch”, substitute “given to an officer of the Department who has responsibility for the collection of public money”.
105 Subclause 6.4 of the Schedule
Omit “ADG” (first and second occurring), substitute “AS”.
106 Subclause 6.4 of the Schedule
Omit “AusAID” (first occurring), substitute “the Department”.
107 Subclause 6.4 of the Schedule
Omit:
• Arranged to be displayed in AusAID House, or disposed of in an appropriate manner by the Manager, Property and Facilities Management (PFM), having had the matter referred by the HR ADG.
substitute:
• Direct an officer in the Department to dispose of the gift as directed.
108 Subclause 6.5 of the Schedule
Omit “Pay and Conditions Team will maintain the Register.”.
109 Clause 7 of the Schedule
Omit “ADG” (first occurring), substitute “AS”.
110 Clause 7 of the Schedule
Omit “AusAID” (first occurring), substitute “the Department”.
111 Clause 7 of the Schedule
Omit “ADG” (second occurring), substitute “AS”.
112 Clause 7 of the Schedule
Omit:
• Prizes donated by private or commercial sources to social club or AusAID‑ / ACC‑ / overseas mission‑sponsored charity events are acceptable where the opportunity to win the prize is also open to non‑mission and/or non‑social club entrants.
substitute:
• Prizes donated by private or commercial sources to charity events sponsored by the Department, the Department’s social club, the ACC or an overseas mission are acceptable where the opportunity to win the prize is also open to people who are not members of the sponsoring entity.
113 Clause 8 of the Schedule
Omit “ADG” (wherever occurring), substitute “AS”.
114 Clause 8 of the Schedule
Omit “HR Services Section (HRS) in Human Resources Branch (HRB)”, substitute “the relevant section in the Department”.
115 Clause 9 of the Schedule
Omit “HR ADG through the Director, HR Services Section”, substitute “officer in the Department who has responsibility for approving the request”.
116 Clause 10 of the Schedule
Omit “ADG” (wherever occurring), substitute “AS”.
117 Clause 10 of the Schedule
Omit “and filing by the HR Services Section”.
118 Clause 11 of the Schedule
Omit “AusAID”, substitute “The Department”.
119 Clause 11 of the Schedule
Omit “HR Services Section in Human Resources Branch”, substitute “relevant section in the Department”.
120 Appendix to the Schedule
Omit “Please forward completed form to Pay and Conditions Team (HRB)”.
121 Appendix to the Schedule
Omit:
Please return completed form to The Pay and Conditions Team<br>Internal Mail: 11th Floor, Allara Street, Canberra<br>Email: paycon@ausaid.gov.au
amended Act means the Australian Civilian Corps Act 2011 as in force after the commencement of this Part.
amended legislative instrument means any of the following as in force after the commencement of this Part:
(a) the Australian Civilian Corps Regulations 2011;
(b) the Prime Minister’s Australian Civilian Corps Directions;
(c) the Secretary’s Australian Civilian Corps Directions (previously known as the Director‑General’s Australian Civilian Corps Directions).
AusAID means the Australian Agency for International Development.
Director‑General means the Director‑General of AusAID.
old Act means the Australian Civilian Corps Act 2011 as in force immediately before the commencement of this Part.
old legislative instrument means any of the following as in force immediately before the commencement of this Part:
(a) the Australian Civilian Corps Regulations 2011;
(b) the Prime Minister’s Australian Civilian Corps Directions;
(c) the Director‑General’s Australian Civilian Corps Directions.
Secretary means the Secretary of the Department.
124 Effect of things done by, or in relation to, AusAID etc. under the old Act
(1) A thing done before the commencement of this Part by, or in relation to, AusAID or the Director‑General under a provision of the old Act has effect after that commencement, for the purposes of the amended Act, as if the thing had been done by, or in relation to, the Department or the Secretary (as the case requires) under that provision of the amended Act.
(2) Subitem (1) does not apply to the making of an instrument.
125 Directions issued by the Director‑General
Directions issued by the Director‑General under section 13 or 16 of the old Act and in force immediately before the commencement of this Part continue in effect after that commencement as if they were directions issued by the Secretary under section 13 or 16 of the amended Act (as the case requires).
Note: These directions, as continued in effect, are amended as set out in Part 4.
126 Effect of things done by, or in relation to, AusAID etc. under the old legislative instruments
(1) A thing done before the commencement of this Part by, or in relation to, AusAID, the Director‑General or an employee of AusAID under a provision of an old legislative instrument has effect after that commencement, for the purposes of the relevant amended legislative instrument, as if the thing had been done by, or in relation to, the Department, the Secretary or an employee of the Department (as the case requires) under that provision of the amended legislative instrument.
(2) Subitem (1) does not apply to the making of an instrument.
127 Transitional determinations relating to non‑legislative instruments
(1) The Secretary may determine in writing that an instrument, other than a legislative instrument, made by the Director‑General under the old Act, or under an old legislative instrument, and in force immediately before the commencement of this Part, continues in effect after that commencement as if it had been made by the Secretary under the amended Act or under the amended legislative instrument (as the case requires).
(2) A determination under subitem (1) may also:
(a) provide that a reference in the instrument to AusAID, to the Director‑General, or to another person or matter related to AusAID, is instead to be taken to be a reference to the Department, to the Secretary, or to another person or matter related to the Department; or
(b) provide for how a thing done under the instrument before the commencement of this Part is to continue to have effect.
(3) A determination under subitem (1) is not a legislative instrument.