776Part II (heading)

776 Part II (heading) Repeal the heading, substitute: ## Part II Remuneration etc. for certain offices and appointments # Schedule 1—Repeals and amendments Aboriginal and Torres Strait Islander Commission Act 1989 1 Subsection 35(1) 2 Subsection 49(1) 3 Subsection 55(1) 4 Subsection 55(2) (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and 5 Subsection 77C(1) 6 Subsection 77E(1) Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”. 7 Subsection 124C(1) Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”. 8 Subsection 124E(1) 9 Subsection 127D(1) 10 Subsection 143P(1) Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”. 11 Subsection 143Z(1) 12 Subsection 144K(1) 13 Subsection 144R(1) 14 Subsection 144R(2) (a) the TSRA General Manager and the APS employees assisting the TSRA General Manager together constitute a Statutory Agency; and (b) the TSRA General Manager is the Head of that Statutory Agency. 15 Subsection 144ZK(1) 16 Subsection 144ZM(1) Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”. 17 Subsection 192D(2) 18 Subsection 200(1) 19 Subsection 200(2) (a) the General Manager of Aboriginal Hostels Limited, and the APS employees assisting Aboriginal Hostels Limited, together constitute a Statutory Agency; and (b) the General Manager of Aboriginal Hostels Limited is the Head of that Statutory Agency. Aboriginal and Torres Strait Islander Heritage Protection Act 1984 20 Subsection 30(2) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”. 21 Subsection 30(2) Aboriginal and Torres Strait Islander Heritage Protection Act 1999 22 Subsection 14(1) 23 Subsection 16(1) Omit “officers of the Australian Public Service who are members of the Senior Executive Service”, substitute “SES employees”. 24 Section 20 25 Subsection 79(5) (paragraph (b) of the definition of authorised person) (b) a person appointed or engaged under the Public Service Act 1999 who is authorised in writing by the Attorney-General under this section. 26 Subsection 80(2) Omit “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”. Aboriginal Councils and Associations Act 1976 27 Subsection 4(4) Aboriginal Land Rights (Northern Territory) Act 1976 28 Paragraph 23E(3)(b) 29 Paragraph 54C(2)(b) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”. 30 Subsection 54C(2) Omit “the officer” (wherever occurring), substitute “the public servant”. 31 Section 59 ACIS Administration Act 1999 32 Subsection 115(1) Acts Interpretation Act 1901 33 After section 17 ##### 17AA Definitions relating to the Australian Public Service In any Act, unless the contrary intention appears: > acting SES employee has the same meaning as in the Public Service Act 1999. > APS employee has the same meaning as in the Public Service Act 1999. > SES employee has the same meaning as in the Public Service Act 1999. 34 Paragraph 19B(3)(a) Omit “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”. 35 Paragraph 19BA(3)(a) Omit “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”. 36 At the end of section 19C Add: 37 At the end of section 21 Add: 38 At the end of section 25B Add: (3) In this section: 39 After subsection 33(2) (2AA) In subsection (2), office includes a position occupied by an APS employee. 40 At the end of section 33A Add: Administrative Appeals Tribunal Act 1975 41 Subsection 12(1) 42 Subsection 24G(1) 43 Subsection 24N(3) 44 Subsection 24N(4) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”. 45 Subsection 24N(4) 46 Section 24P 24P Statutory Agency etc. for purposes of Public Service Act 47 Section 57 Omit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”. Administrative Arrangements Act 1987 48 Subsection 19(1) Omit all the words after “include, references”, substitute “to an SES employee, or acting SES employee, in the Department who is specified in the notice”. 49 Subsection 19(2) Omit all the words after “the specified”, substitute “SES employee or acting SES employee”. Administrative Decisions (Judicial Review) Act 1977 50 Paragraph (r) of Schedule 2 51 Paragraph (s) of Schedule 2 52 Subparagraph (t)(ii) of Schedule 2 53 Paragraph (w) of Schedule 2 Affirmative Action (Equal Employment Opportunity for Women) Act 1986 54 Subsection 29(1) 55 Subsection 29(2) Aged Care Act 1997 56 Clause 1 of Schedule 1 (definition of officer) Aged Care Income Testing Act 1997 57 Section 3 (definition of officer) Agricultural and Veterinary Chemicals (Administration) Act 1992 58 Paragraph 11(1)(e) (e) a person appointed or engaged under the Public Service Act 1999; 59 Section 39 60 Paragraph 46(1)(a) Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”. 61 Subsection 69F(1) Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 62 Subsection 18(1) Aircraft Noise Levy Collection Act 1995 63 Paragraph 10(3)(a) 64 Subsection 14(3) 65 Subsection 17(2) 66 Paragraph 18(3)(a) Airline Equipment (Loan Guarantee) Act 1972 67 Subparagraph 4(d)(i) Omit “officers employed in the Commonwealth Service”, substitute “APS employees”. 68 Subparagraph 4(d)(ii) Airline Equipment (Loan Guarantee) Act 1976 69 Subparagraph 5(d)(i) 70 Subparagraph 5(d)(ii) Airline Equipment (Loan Guarantee) Act 1977 71 Subparagraph 5(d)(i) 72 Subparagraph 5(d)(ii) Airline Equipment (Loan Guarantee) Act 1978 73 Subparagraph 5(d)(i) 74 Subparagraph 5(d)(ii) Airline Equipment (Loan Guarantee) Act (No. 2) 1978 75 Subparagraph 6(e)(i) 76 Subparagraph 6(e)(ii) Airline Equipment (Loan Guarantee) Act 1980 77 Subparagraph 5(e)(i) 78 Subparagraph 5(e)(ii) Airline Equipment (Loan Guarantee) Act 1981 79 Subparagraph 5(e)(i) 80 Subparagraph 5(e)(ii) Airports Act 1996 81 Paragraph 244(1)(b) 82 Subsection 244(2) 83 Subsection 249(3) Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”. 84 Subsection 249(7) (definition of Senior Executive Service office) Air Services Act 1995 85 Subsection 30(1) Albury‑Wodonga Development Act 1973 86 Subsection 3(1) (definition of Australian Public Service) Omit “service established under the Public Service Act 1922‑1973”, substitute “APS within the meaning of the Public Service Act 1999”. 87 Paragraph 8(1)(e) Omit “for Departments”, substitute “for Agencies (within the meaning of the Public Service Act 1999)”. 88 Paragraph 8(1)(e) Omit “those Departments”, substitute “those Agencies”. 89 Subsection 21(3) Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 90 Subsection 21(3) 91 Section 22 A New Tax System (Australian Business Number) Act 1999 92 Subparagraph 30(3)(c)(i) (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 93 Subparagraph 30(3)(d)(i) (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 94 Section 41 (paragraph (c) of the definition of government entity) A New Tax System (Commonwealth-State Financial Arrangements) Act 1999 95 Subsection 21(1) ANL Guarantee Act 1994 96 Subsection 5(1) Omit “an officer in the Senior Executive Service”, substitute “a person who is an SES employee or acting SES employee”. 97 Subsection 5(2) Omit “officer”, substitute “person”. Anti-Personnel Mines Convention Act 1998 98 Paragraph 29(1)(b) (b) an SES employee, or acting SES employee, whether or not in the Department; 99 Paragraph 29(3)(d) (d) an SES employee, or acting SES employee, whether or not in the Department; Archives Act 1983 100 Subsection 3(1) (definition of Director‑General) 101 Subsection 7(1) Omit “hold office under the Public Service Act 1922”, substitute “be a person appointed or engaged under the Public Service Act 1999”. 102 Section 9 103 Paragraph 34(8)(a) (a) the Secretary of a Department (within the meaning of the Public Service Act 1999); or Auditor‑General Act 1997 104 Subsection 40(1) 105 After subsection 40(1) (1A) For the purposes of the Public Service Act 1999: (a) the Auditor‑General and the APS employees assisting the Auditor‑General together constitute a Statutory Agency; and (b) the Auditor‑General is the Head of that Statutory Agency. 106 Subclause 4(1) of Schedule 1 Australia Council Act 1975 107 Subsection 12(1) 108 Subsection 16(5) 109 Subsection 19C(1) Australia‑Japan Foundation Act 1976 110 Section 20 Omit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”. Australian Bicentennial Road Development Trust Fund Act 1982 111 Subsection 26(1) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Australian Broadcasting Corporation Act 1983 112 Subsection 14A(1) Australian Bureau of Statistics Act 1975 113 Subparagraph 6(5)(b)(i) (i) an Agency within the meaning of the Public Service Act 1999; or 114 Subsection 16(1) Omit “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”. 115 Subsection 16(3) Omit “, with the approval of the Public Service Board,”. 116 Subsections 16(4) and (5) (a) the Statistician and the APS employees assisting the Statistician together constitute a Statutory Agency; and (b) the Statistician is the Head of that Statutory Agency. Australian Capital Territory Government Service (Consequential Provisions) Act 1994 117 Subsection 3(1) (definition of unattached officer) 118 Sections 6 and 7 119 Subsection 8(1) After “where”, insert “before the commencement of the Public Service Act 1999”. 120 Subsection 8(2) After “Secretary” (first occurring), insert “or Agency Head (within the meaning of the Public Service Act 1999)”. 121 Subsection 8(2) After “Secretary” (last occurring), insert “or Agency Head”. 122 Subsection 8(3) After “Secretary”, insert “or Agency Head (within the meaning of the Public Service Act 1999)”. 123 Subsection 8(5) After “Secretary”, insert “or Agency Head”. 124 Section 10 Omit “The Secretary of a Department of the Australian Public Service”, substitute “An Agency Head (within the meaning of the Public Service Act 1999)”. 125 Paragraph 10(a) Omit “Department”, substitute “Agency (within the meaning of that Act)”. 126 Paragraph 10(b) Omit “Secretary”, substitute “Agency Head”. 127 Part 3 128 Section 24 129 Subsection 25(1) (1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999. 130 Subsection 25(2) 131 Subsection 25(3) Omit “appointment to an office or as an unattached officer”, substitute “engagement as an APS employee”. 132 Subsections 25(3) and (4) 133 Subsection 25(4) Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”. 134 Subsection 25(4) Omit “an officer of the Australian Public Service”, substitute “an APS employee”. 135 Subsection 25(5) Omit “appointment of a person to an office or as an unattached officer”, substitute “engagement of a person as an APS employee”. 136 Subsection 25(5) Omit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”. 137 Subsection 25(6) Omit “clause 6 of the Australian Government Employment (Recreation Leave—Additional Payment) Award 1986”, substitute “the APS General Employment Conditions Award 1995”. Note: The heading to section 25 is replaced by the heading “Leave entitlements”. 138 Subparagraph 26(2)(a)(i) 139 Paragraph 26(2)(b) Omit “under a provision corresponding to section 6 of this Act”. 140 Paragraph 26(3)(b) After “Public Service Act 1922”, insert “or the Public Service Act 1999”. Australian Capital Territory (Planning and Land Management) Act 1988 141 Subsection 38(1) 142 Subsection 47(1) 143 Subsection 47(2) (a) the Chief Executive and the APS employees assisting the Chief Executive together constitute a Statutory Agency; and (b) the Chief Executive is the Head of that Statutory Agency. Australian Centre for International Agricultural Research Act 1982 144 Paragraph 19(1)(c) Omit “office”, substitute “position”. 145 Subsection 26(1) 146 Subsection 30(1) 147 Subsections 30(2) and (3) 148 Subsection 31(1) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 149 Subsection 31(1) Australian Communications Authority Act 1997 150 Section 3 151 Section 4 (definition of Chairman) > Chair means the Chair of the ACA. 152 Section 4 (definition of Deputy Chairman) > Deputy Chair means the Deputy Chair of the ACA. 153 Section 16 154 Subsections 17(2) and (3) 155 Subsections 22(3), (4) and (5) 156 Section 24 157 Subsections 34(1) and (2) 158 Subsection 35(1) Omit “This subsection has effect subject to section 87E of the Public Service Act 1922.”. 159 Subsections 35(2), (3) and (4) 160 Subsections 39(1), (2) and (3) 161 Subsection 40(1) 162 Subsection 40(2) 163 Subsections 48(4) and (5) Australia New Zealand Food Authority Act 1991 164 Paragraph 38(a) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 165 Paragraphs 38(d) and (e) 166 Paragraph 39(7)(a) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 167 Paragraph 39(7)(a) 168 Subsection 53(1) 169 Subsection 53(2) Australian Federal Police Act 1979 170 Subsection 21(1) 171 After subsection 31(3) (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. (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: (a) Part IV of the Public Service Act 1922; (b) Division 3 of Part IV of the Public Service Act 1922; (c) the Officers’ Rights Declaration Act 1928. Australian Film Commission Act 1975 172 Subsection 18(1) Australian Film, Television and Radio School Act 1973 173 Subsection 17(1) Australian Hearing Services Act 1991 174 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee) Omit “an officer or employee, within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”. 175 Subsection 8(10) (paragraph (a) of the definition of referred Commonwealth employee) Omit “within the meaning of that Act”. 176 Paragraph 67(7)(a) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 177 Paragraph 67(7)(a) 178 Paragraph 68(a) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 179 Paragraphs 68(d) and (e) 180 Paragraph 69(b) Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”. Australian Heritage Commission Act 1975 181 Subsection 3(1) (definition of Department) Omit “a department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”. 182 Subsection 12(3) Omit “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”. 183 Subsection 32(1) Omit “appointed or employed under the Public Service Act 1922‑1975”, substitute “engaged under the Public Service Act 1999”. 184 Section 33 Omit “Department of the Commonwealth Government”, substitute “Agency (within the meaning of the Public Service Act 1999)”. 185 Section 33 Australian Industry Development Corporation Act 1970 186 Section 29W 187 Subsection 34E(6) (paragraph (c) of the definition of associated person) 188 Paragraph 34X(1)(c) 189 Subsection 34X(2) 190 Paragraph 37A(1)(c) (c) an SES employee or acting SES employee, whether or not in the Department; 191 Subsection 37A(2) Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 192 Subsection 29(1) 193 Subsection 29(2) (a) the Principal and the APS employees assisting the Principal together constitute a Statutory Agency; and (b) the Principal is the Head of that Statutory Agency. 194 Section 45A Australian Institute of Health and Welfare Act 1987 195 Subsection 11(1) 196 Paragraph 19(1)(a) 197 Subsection 19(2) Australian Institute of Marine Science Act 1972 198 Subsection 25(1) 199 Section 34 Australian Land Transport Development Act 1988 200 Section 39 Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Australian Land Transport (Financial Assistance) Act 1985 201 Subsection 36(1) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Australian Law Reform Commission Act 1996 202 Subsection 19(1) Australian Maritime Safety Authority Act 1990 203 Subsection 17(1) 204 Subsection 51A(1) 205 Paragraph 57(a) Omit “, or Associate Secretary,”. 206 Paragraph 57(b) Australian Meat and Live-stock Industry Act 1997 207 Subsection 70(3) (definition of SES employee) Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997 208 Item 10 of Schedule 5 (definition of officer) 209 Item 23 of Schedule 5 (definition of officer) Australian Meat and Live-stock (Quotas) Act 1990 210 Section 8A Omit “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”. Australian National Maritime Museum Act 1990 211 Subsection 34(1) 212 Subsection 40(1) 213 Subsection 40(2) 214 Subsection 41(1) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 215 Subsection 41(1) Australian National Railways Commission Act 1983 216 Subsection 67AZB(5) (paragraph (c) of the definition of associated person) 217 Paragraph 67AZV(1)(c) 218 Subsection 67AZV(2) Australian National Training Authority Act 1992 219 Subsection 30(1) 220 Paragraph 40A(1)(a) Omit “of a Department of the Australian Public Service or”. 221 After paragraph 40A(1)(a) (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 222 Subsection 43(1) 223 Subsection 45(4) 224 Subsections 45(5), (6) and (7) (5) For the purposes of the Public Service Act 1999: (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and 225 Paragraph 46(1)(a) Omit “of Departments of the Australian Public Service, and”. 226 After paragraph 46(1)(a) (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 Australian Nuclear Science and Technology Organisation Act 1987 227 Subsection 21A(1) 228 Subsection 24(2) Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 229 Subsection 24(2) 230 Subsection 37J(1) 231 Subsection 37P(2) Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 232 Subsection 37P(2) Australian Protective Service Act 1987 233 Subsection 9(1) Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”. 234 Subsection 9(2) Omit “Secretary within the meaning of the Public Service Act 1922”, substitute “Agency Head within the meaning of the Public Service Act 1999”. 235 Paragraph 12(3)(c) (c) a determination made under section 24 of the Public Service Act 1999; Australian Prudential Regulation Authority Act 1998 236 Subsection 9A(4) Omit “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”. Australian Radiation Protection and Nuclear Safety Act 1998 237 Subsection 48(1) 238 Subsections 58(1) and (2) (1) The staff necessary to assist the CEO are to be persons engaged under the Public Service Act 1999. Australian Securities and Investments Commission Act 1989 239 Subsection 113(1) 240 Subsection 120(1) 241 Subsection 120(2) (b) the Chairperson of the Commission is the Head of that Statutory Agency. 242 Subsection 120(3) Omit “Commission” (wherever occurring), substitute “Chairperson”. 243 Subsection 120(4) 244 Subsection 121(1) Omit “The Commission may”, substitute “The Chairperson may”. 245 Subsection 121(2) 246 Paragraph 122(a) Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”. 247 Paragraph 125(1)(a) 248 Subsection 156(1) 249 Subsection 156(2) (a) the Convenor and the APS employees assisting the Convenor together constitute a Statutory Agency; and (b) the Convenor is the Head of that Statutory Agency. 250 Paragraph 158(a) Omit “Departments of the Australian Public Service”, substitute “Agencies (within the meaning of the Public Service Act 1999)”. 251 Subsection 180(1) Australian Security Intelligence Organisation Act 1979 252 Section 4 (paragraph (a) of the definition of authority of the Commonwealth) Omit “a Department of the Public Service”, substitute “an Agency within the meaning of the Public Service Act 1999”. 253 Subsection 11(1) 254 Subsection 24(3) (definition of Senior Executive Service office) 255 Subsection 24(3) (paragraph (a) of the definition of senior officer of the Organisation) (a) equivalent to a position occupied by an SES employee; or 256 Section 86 257 Subsection 90(5) 258 Section 90A Australian Space Council Act 1994 259 Section 27 Australian Sports Commission Act 1989 260 Subsection 14(1) 261 Subsection 35(1) 262 Subsection 41(3) Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 263 Subsection 41(3) Australian Sports Drug Agency Act 1990 264 Subsection 33(3) 265 Subsection 56(3) Omit “the Secretary of any Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 266 Subsection 56(3) Omit “Department” (second occurring), substitute “Agency”. Australian Tourist Commission Act 1987 267 Subsection 13(4) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 268 Subsection 18(3) 269 Subsection 36(1) Australian Trade Commission Act 1985 270 Subsection 3(1) (definition of Australian authority) Omit “a Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”. 271 Subsection 57(1) 272 Section 63 Australian War Memorial Act 1980 273 Subsection 23(1) 274 Subsection 27(1) 275 Subsections 27(2), (3) and (4) 276 Subsection 28(1) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. Australian Wine and Brandy Corporation Act 1980 277 Subsection 39ZL(1A) Omit “a Department of the Commonwealth”, substitute “an Agency (within the meaning of the Public Service Act 1999)”. Note: This item corrects a misdescribed amendment of the Australian Wine and Brandy Corporation Act 1980. Australian Wool Research and Promotion Organisation Act 1993 278 Subsection 4(1) (definition of designated group) (a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands; Bank Integration Act 1991 279 Subsection 5(1) (subparagraph (b)(ii) of the definition of authorised person) (ii) an SES employee or acting SES employee; Bankruptcy Act 1966 280 Subsection 31A(5) Bounty (Books) Act 1986 281 Subsection 32(1) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Broadcasting Services Act 1992 282 Subsection 165(1) 283 Subsection 165(2) Chemical Weapons (Prohibition) Act 1994 284 Paragraph 99(c) Child Support (Assessment) Act 1989 285 Subparagraph 149(1)(c)(i) (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 286 Subsection 150(1) (subparagraph (c)(i) of the definition of person to whom this section applies) (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 Child Support (Registration and Collection) Act 1988 287 Subparagraph 15(1)(c)(i) (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 288 Subsection 16(1) (subparagraph (c)(i) of the definition of person to whom this section applies) (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 Christmas Island Act 1958 289 Paragraph 8G(7)(h) 290 Subsection 17(1) 291 Subsection 17(3) Civil Aviation Act 1988 292 Subsection 37(1) Classification (Publications, Films and Computer Games) Act 1995 293 Subsection 54(1) 294 Subsection 54(2) 295 Subsection 59(2) Omit “an officer of the Australian Public Service”, substitute “appointed or engaged under the Public Service Act 1999”. 296 Subsection 61(1) Cocos (Keeling) Islands Act 1955 297 Paragraph 8G(7)(h) 298 Subsections 15A(1) and (3) Commonwealth Authorities and Companies Act 1997 299 Subsection 23(2) Omit “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”. Commonwealth Bank Sale Act 1995 300 Subsection 20(5) (subparagraph (c)(i) of the definition of authorised person) (i) is an SES employee, or acting SES employee, in the Department; and Commonwealth Electoral Act 1918 301 Paragraph 6(5)(a) (a) an office of Agency Head (within the meaning of the Public Service Act 1999); or 302 Subsection 23(1) 303 Paragraph 29(1)(a) (a) persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and 304 Subsection 29(2) (a) the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and (b) the Electoral Commissioner is the Head of that Statutory Agency. 305 Subsection 35(3) Omit all the words after “Commission”. 306 Subsection 35(5) 307 Paragraph 60(3)(b) 308 Paragraph 60(3)(b) Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”. 309 Paragraph 60(3A)(d) Omit “officer of the Australian Public Service”, substitute “person appointed or engaged under the Public Service Act 1999”. 310 Paragraph 60(4)(b) 311 Subsection 91(1) (definition of Secretary of a Department) 312 Paragraph 91(11)(a) Omit “Secretary of a Department”, substitute “Agency Head of an Agency (within the meaning of the Public Service Act 1999)”. 313 Paragraph 193(2)(b) (b) a person appointed or engaged under the Public Service Act 1999; 314 Subsection 279B(1) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 315 Subsection 279B(7) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 316 Subsection 311A(4) (paragraph (c) of the definition of Commonwealth Department) (c) an Agency (within the meaning of the Public Service Act 1999). 317 Subsection 311A(4) (paragraph (b) of the definition of principal officer) (b) in relation to an Agency—the Agency Head (within the meaning of the Public Service Act 1999) of the Agency. Commonwealth Grants Commission Act 1973 318 Subsection 10(1) 319 Subsection 15(2) Omit “officers or employees employed under the Public Service Act 1922”, substitute “APS employees”. Commonwealth Inscribed Stock Act 1911 320 Paragraph 51H(2)(b) 321 Paragraph 51K(1)(a) Commonwealth Legal Aid Act 1977 322 Part IV Commonwealth Serum Laboratories Act 1961 323 Subsection 19X(1) Omit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”. 324 Subsection 19X(2) Commonwealth Services Delivery Agency Act 1997 325 Section 3 (paragraph (a) of the definition of principal officer) 326 Subsection 35(1) 327 Subsection 35(2) (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and Commonwealth Superannuation Board Act 1999 328 Subsection 23(10) (paragraph (c) of the definition of agency) 329 Subsection 24(10) (paragraph (c) of the definition of agency) Commonwealth Vehicles (Registration and Exemption from Taxation) Act 1997 330 Section 7 7 Registrar (1) There is to be a position in the Department whose duties include the general control of the register. (2) The Registrar is the APS employee who is performing the duties of the position referred to in subsection (1). Complaints (Australian Federal Police) Act 1981 331 Paragraph 41(1)(c) 332 Subsection 64(3) Constitutional Convention (Election) Act 1997 333 Paragraph 102(6)(a) 334 Subsection 113(1) 335 Subsection 113(7) Construction Industry Reform and Development Act 1992 336 Subsection 38(1) Co‑operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978 337 Paragraph 5(c) Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”. Copyright Act 1968 338 Subsection 170(2) Omit “Public Service Act 1922‑1968”, substitute “Public Service Act 1999”. Corporate Law Economic Reform Program Act 1999 339 Item 11 of Schedule 5 (new subsection 27A(2)) Omit “officer or employee within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”. Council for Aboriginal Reconciliation Act 1991 340 Subsection 20(1) 341 Section 26 342 Paragraph 29(1)(c) (c) an SES employee or acting SES employee. Crimes Act 1914 343 Subsection 3(1) (paragraph (a) of the definition of Commonwealth officer) 344 Subsection 16(1) (paragraph (b) of the definition of parole officer) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 345 Subsection 21F(3) Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999”. 346 Subsection 56(2) (definition of eligible person) Omit “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”. 347 Section 85ZL (definition of Commonwealth Department) Omit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”. 348 Section 85ZL > Secretary, in relation to a Commonwealth Department, means the Agency Head within the meaning of the Public Service Act 1999. Crimes (Aviation) Act 1991 349 Subsection 3(1) (paragraph (c) of the definition of authorised person) Omit “a Senior Executive Service officer employed under the Public Service Act 1922”, substitute “an SES employee or acting SES employee”. 350 Subsection 3(1) (paragraph (d) of the definition of authorised person) 351 Subparagraph 23(2)(c)(i) Omit “an officer of, or a person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999,”. Criminology Research Act 1971 352 Subsection 19(1) CSL Sale Act 1993 353 Subsection 44(3) (paragraph (b) of the definition of authorised person) 354 Subsection 47(4) (paragraph (c) of the definition of authorised person) (c) an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section. Customs Act 1901 355 Subsection 208DA(1) (definition of prescribed officer) > prescribed officer means an SES employee, or acting SES employee, in the Attorney‑General’s Department. Customs Administration Act 1985 356 Subsection 9(1) 357 Subsection 15(1) 358 Subsection 15(2) Dairy Produce Act 1986 359 Paragraph 109C(b) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 360 Clause 1 of the Schedule (definition of designated group) (a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands; Debits Tax Administration Act 1982 361 Subsection 3(1) (definition of officer) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Defence Act 1903 362 Paragraph 58B(1A)(a) 363 Subsection 73A(1) Omit “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”. 364 Subsection 120B(16) (definition of paying officer) 365 Subsection 123(2) Omit “officer within the meaning of the Public Service Act 1922”, substitute “APS employee”. 366 Subparagraph 123(2)(a)(i) Omit “officer or employee within the meaning of that Act”, substitute “APS employee”. 367 Subsection 124(1A) Defence Force Discipline Act 1982 368 Subsections 175(1) and (2) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Defence Force Discipline Appeals Act 1955 369 Subsection 19(4) Defence Force Retirement and Death Benefits Act 1973 370 Subsection 131(4) Defence Housing Authority Act 1987 371 Subsection 3(1) (definition of designated office in the Department) 372 Subsection 3(1) > designated position in the Department means a position in the Department that: (a) is designated, in writing, by the Minister for the purposes of section 60; and (b) is occupied by an SES employee or acting SES employee. 373 Paragraph 12(1)(c) Omit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”. 374 Subparagraph 41(4)(e)(i) Omit “officers of the Australian Public Service”, substitute “persons appointed or engaged under the Public Service Act 1999 and”. 375 Subparagraph 41(4)(e)(ii) Omit “officers of the Australian Public Service”, substitute “those persons”. 376 Subsection 51(1) 377 Paragraph 57(1)(a) 378 Subsections 57(2) and (3) (a) the Managing Director and the APS employees assisting the Managing Director together constitute a Statutory Agency; and (b) the Managing Director is the Head of that Statutory Agency. 379 Subsections 60(1) and (2) Omit “designated office”, substitute “designated position”. 380 Subsection 60(4) Omit “designated office” (wherever occurring), substitute “designated position”. Defence Service Homes Act 1918 381 Subsection 23J(2) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 (the public servant)”. 382 Subsection 23J(2) Omit “or officer” (wherever occurring), substitute “or public servant”. Defence (Special Undertakings) Act 1952 383 Section 4 (paragraph (a) of the definition of Commonwealth officer) Defence (Visiting Forces) Act 1963 384 Subsection 28(1) Omit “an officer holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”. Designs Act 1906 385 Subsection 8A(1) Omit all the words after “any other Act”, substitute “to a prescribed person engaged under the Public Service Act 1999 in the Designs Office”. 386 Subsection 8A(2) Development Allowance Authority Act 1992 387 Subsection 103(1) 388 Subparagraph 107(3)(c)(ii) Omit “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”. 389 Section 108 Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”. Director of Public Prosecutions Act 1983 390 Subsection 20(1) 391 Subsection 27(1) 392 Subsection 27(2) 393 Paragraph 31(1A)(b) (b) an SES employee. Disability Discrimination Act 1992 394 Subsection 4(1) (paragraph (a) of the definition of Commonwealth employee) 395 Subsection 4(1) (definition of Department) Omit “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”. 396 Subsection 116(1) Disability Services Act 1986 397 Subsection 25(1A) Omit “the Secretary of another Department”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 398 Subsection 25(1B) Education Legislation Amendment Act 1997 399 Item 31 of Schedule 1 Repeal the item. Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 400 Section 17 Omit “officer of the Senior Executive Service”, substitute “SES employee or acting SES employee”. Employment, Education and Training Act 1988 401 Subsection 17(1) 402 Paragraph 32(3)(a) Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 403 Paragraphs 32(3)(b) and (c) 404 Paragraph 32(3)(d) (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. 405 Subsection 32(3) Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 406 Subsection 32(3) Omit “such an officer or employee”, substitute “such a person”. 407 Subsection 32(3) Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 408 Subsection 35C(1) 409 Subsection 55(2) Omit “an officer or employee of the Australian Public Service”, substitute “engaged under the Public Service Act 1999”. 410 Section 56 411 Subsection 69(2) Omit “subsection 25(6) of the Public Service Act 1922”, substitute “section 63 of the Public Service Act 1999”. Employment Services Act 1994 412 Subsection 83(2) 413 Subsection 98(1) 414 Section 110 110 Staff of ESRA (1) The staff required for the purposes of ESRA are to be persons engaged under the Public Service Act 1999. (a) the ESRA Chief Executive Officer and the APS employees assisting the ESRA Chief Executive Officer together constitute a Statutory Agency; and (b) the ESRA Chief Executive Officer is the Head of that Statutory Agency. 415 Subsection 111(2) (paragraph (a) of the definition of authority of the Commonwealth) Endangered Species Protection Act 1992 416 Subsection 4(1) (definition of Department) 417 Subsection 4(1) (definition of Secretary) Environment Protection (Alligator Rivers Region) Act 1978 418 Section 8 Omit “appointed under the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”. 419 Section 26 420 Paragraph 31(3)(a) 421 Subsection 31(4) Omit “Permanent Head”, substitute “Secretary”. Environment Protection and Biodiversity Conservation Act 1999 422 Subsection 393(1) (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. 423 Subsection 393(4) (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. Equal Employment Opportunity (Commonwealth Authorities) Act 1987 424 Subsection 3(1) (definition of authority) > authority means: (a) an incorporated or unincorporated body or authority established for a public purpose: (i) by an Act or by regulations made under an Act; or (ii) by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory); being a body whose staff consists of, or includes, persons who are not APS employees; or (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; but does not include any of the following: (c) a relevant employer as defined in section 3 of the Affirmative Action (Equal Employment Opportunity for Women) Act 1986; (d) the Australian Dairy Corporation; (e) the Australian Wool Research and Promotion Organisation. 425 Subsection 3(1) (definition of Board) 426 Subsection 3(1) (definition of designated group) (a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands; (c) persons with a physical or mental disability; (d) any other class of persons prescribed by the regulations for the purposes of this definition. 427 Section 8 428 Paragraph 9(1)(b) Omit “or the Board, as the case may be,”. 429 Subsection 9(4) (a) a relevant authority is required by an Act other than this Act to prepare an annual report for presentation to the Parliament; and (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; then the authority may, with the consent of the responsible Minister, include that program report in the annual report. 430 Subsection 10(1) (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. 431 Section 11 11 Minister may make recommendations (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. (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. 432 Subsection 12(1) (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. 433 Sections 13 and 14 Evidence Act 1995 434 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth agency) 435 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth entity) 436 Part 1 of the Dictionary at the end of the Act (paragraph (a) of the definition of Commonwealth record) 437 After clause 8 in Part 2 of the Dictionary 8A References to offices etc. In this Act: (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 (b) in that context, a reference to an office is a reference to the position occupied by the APS employee concerned. Excise Tariff Act 1921 438 Item 10 of the Schedule Omit “Department of the Australian Public Service”, substitute “an Agency (within the meaning of the Public Service Act 1999)”. Family Law Act 1975 439 Subsection 4(1) (paragraph (b) of the definition of welfare officer) Omit “an officer or employee, within the meaning of the Public Service Act 1922,”, substitute “a person engaged under the Public Service Act 1999”. 440 Subsection 26JA(1) 441 Subsection 37A(8) 442 Subsection 37B(1) 443 Subsection 37B(4) (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. 444 Subsection 38G(1) 445 Subsection 38N(4) 446 Subsection 38N(5) 447 Subsection 38N(6) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 448 Subsection 38N(8) 449 Section 38Q 38Q Statutory Agency etc. for purposes of Public Service Act (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and 450 Section 67H (subparagraphs (a)(i) and (ii) of the definition of appropriate authority) Repeal the subparagraphs, substitute: (i) is an SES employee or acting SES employee; or (ii) holds an office or position that is at a level equivalent to that of an SES employee; or 451 Subsection 114G(1) 452 Subsection 114M(1) 453 Subsection 114M(2) 454 Subsection 115(2) Omit “officers of the Australian Public Service or”, substitute “persons appointed or engaged under the Public Service Act 1999, officers”. Federal Airports Corporation Act 1986 455 Subsection 3(1) (paragraph (a) of the definition of authority of the Commonwealth) Omit “or a Department of the Australian Public Service”. 456 Subsection 3(1) (after paragraph (a) of the definition of authority of the Commonwealth) (aa) an Agency (within the meaning of the Public Service Act 1999); and 457 Subsection 17(1) 458 Subsection 61(3) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 459 Subsection 61(3) Omit “a Department” (second occurring), substitute “an Agency”. 460 Paragraphs 61(3)(a) and (b) Omit “Department”, substitute “Agency”. 461 Paragraph 66(1)(b) Federal Court of Australia Act 1976 462 Subsection 18AI(1) 463 Subsection 18G(1) 464 Subsection 18N(4) 465 Subsection 18N(5) 466 Subsection 18N(6) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”. 467 Subsection 18N(6) 468 Subsection 18N(8) 469 Section 18Q 18Q Statutory Agency etc. for purposes of Public Service Act 470 Subsection 35A(4) 471 Subsection 37F(1) Federal Magistrates Act 1999 479 Subclause 5(1) of Schedule 2 Film Licensed Investment Company Act 1998 480 Paragraph 44(b) Financial Management and Accountability Act 1997 481 Section 5 (paragraph (b) of the definition of Chief Executive) Financial Transaction Reports Act 1988 482 Subsection 3(1) (paragraph (c) of the definition of taxation officer) Omit “an officer or employee of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999 and”. 483 Subsection 36B(1) 484 Subsection 40(1) 485 Subsection 40(2) Financial Sector Reform (Amendments and Transitional Provisions) Act 1998 486 Subsection 2(18) Omit “Public Service Act 1998” (wherever occurring), substitute “Public Service Act 1999”. 487 Item 42 of Schedule 18 First Home Owners Act 1983 488 Subsection 4(1) (definition of Secretary) Fisheries Management Act 1991 489 Subsection 137(4) 490 Subsection 138(1) Foreign Evidence Act 1994 491 Subsection 26(3) (paragraph (a) of the definition of authorised officer) (a) who is an SES employee or acting SES employee in the Attorney‑General’s Department; and Forestry and Timber Bureau Act 1930 492 Subsection 3(3) (3) The Director‑General and staff required for the purposes of this Act must be engaged under the Public Service Act 1999. Freedom of Information Act 1982 493 Division 1 of Part II of Schedule 2 (item relating to the National Health and Medical Research Council) Omit “officers, or employees, within the meaning of the Public Service Act 1922”, substitute “persons appointed or engaged under the Public Service Act 1999”. Fringe Benefits Tax (Application to the Commonwealth) Act 1986 494 Subsection 3(1) (paragraph (c) of the definition of Department) (c) an Executive Agency or Statutory Agency (within the meaning of the Public Service Act 1999). Fringe Benefits Tax Assessment Act 1986 495 Subsection 136(1) (definition of officer) Governor‑General Act 1974 496 At the end of section 6 Add: (2) The Official Secretary, together with the staff employed under section 13, constitute the Office of Official Secretary to the Governor‑General. (3) The function of the Office is to assist the Governor‑General. 497 Section 14 14 Remuneration and other conditions of employees The remuneration and other conditions of employment of a person employed under section 13 are as determined by the Official Secretary. 498 Section 16 499 Section 17 Great Barrier Reef Marine Park Act 1975 500 Subsection 13(1) 501 Subsection 40(1) 502 Subsections 40(2) and (3) 503 Subsection 42(2) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 504 Subsection 42(2) Hazardous Waste (Regulation of Exports and Imports) Act 1989 505 Paragraph 60(b) Health Insurance Act 1973 506 Subsection 106ZB(1) 507 Section 106ZM 106ZM Staff (1) The staff necessary to assist the Director are to be persons engaged under the Public Service Act 1999. 508 Subsection 130(5B) (paragraph (b) of the definition of authorised officer) (b) an APS employee in the Department. Health Insurance Commission Act 1973 509 Subsection 3(1) (definition of Australian Public Service) 510 Subsection 23(1) High Court of Australia Act 1979 511 Subsection 22(1) 512 Paragraph 25(3)(a) Omit “with the concurrence of the Public Service Board,”. 513 Subsection 26(6) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”. 514 Subsection 26(6) Horticultural Policy Council Act 1987 515 Subsection 25(1) Omit “officers or employees of the Department”, substitute “APS employees in the Department”. Housing Assistance Act 1996 516 After paragraph 8(2)(e) (ea) an Agency (within the meaning of the Public Service Act 1999); 517 Paragraph 8(2)(f) Omit “the Commonwealth or”. 518 Section 13 Omit “an officer of, or person employed in, the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990 519 Section 26 Omit “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”. Human Rights and Equal Opportunity Commission Act 1986 520 Subsection 39(1) 521 Subsection 43(1) 522 Subsection 43(2) (b) the Commission is the Head of that Statutory Agency. 523 Subsection 46F(1) Immigration (Education) Act 1971 524 Subsection 10(1) Omit “an officer of the Public Service of the Commonwealth”, substitute “a person appointed or engaged under the Public Service Act 1999”. Income Tax Assessment Act 1936 525 Subsection 51AL(23) (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: (a) who is an SES employee or an acting SES employee; or (b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or (c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b). 526 Subsection 51AL(26) (definition of Senior Executive Service office) 527 Subsection 124K(1) (definition of Senior Executive Service office) > Senior Executive Service office means a position that is occupied by an SES employee or acting SES employee. 528 Subsection 124ZADAA(1) Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”. 529 Subsection 124ZADAA(2) 530 Section 159UX Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”. 531 Section 159UX Omit “In this section Senior Executive Service office has the same meaning as in the Public Service Act 1922.”. Income Tax Assessment Act 1997 532 Section 34‑65 34‑65 Delegation of powers by Industry Secretary The \*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: (a) who holds or performs the duties of a \*Senior Executive Service office; or (b) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or (c) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b). 533 Section 396-105 Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee, or acting SES employee,”. 534 Subsection 995‑1(1) (definition of Senior Executive Service office) > Senior Executive Service office means a position occupied by an SES employee or acting SES employee. Industrial Chemicals (Notification and Assessment) Act 1989 535 Section 5 (definition of Department) 536 Section 5 (definition of Secretary) 537 Subsection 84(1) 538 Subsection 84(2) 539 Subsection 94(1) 540 Subsection 100(1) 541 Subsection 100(1) 542 Paragraph 104(c) 543 Section 104A 104A Delegation by Director The Director may, by signed instrument, delegate to a person: (a) whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or (b) who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (a); 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. Industry Research and Development Act 1986 544 Paragraph 9(1)(b) 545 Section 25 Inspector‑General of Intelligence and Security Act 1986 546 Paragraph 18(6)(b) Omit “a Department”, substitute “an Agency (within the meaning of the Public Service Act 1999)”. 547 Subsection 28(1) 548 Subsection 32(1) 549 Subsection 32(2) (a) the Inspector‑General and the APS employees assisting the Inspector‑General together constitute a Statutory Agency; and (b) the Inspector‑General is the Head of that Statutory Agency. International Air Services Commission Act 1992 550 Subsection 44(1) International Transfer of Prisoners Act 1997 551 Paragraph 53(b) Judiciary Act 1903 552 Subsection 55E(1) (subparagraph (b)(ii) of the definition of Attorney‑General’s lawyer) (ii) a person in the Attorney-General’s Department who is engaged under the Public Service Act 1999. 553 Subsection 55E(5) Omit “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”. 554 Paragraph 55G(1)(a) Omit “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”. Lands Acquisition Act 1989 555 Paragraph 139(1)(a) Legislative Instruments Act 1997 556 Section 14 Omit “An officer of the Senior Executive Service”, substitute “An SES employee”. Long Service Leave (Commonwealth Employees) Act 1976 557 Subsection 4(1) (paragraph (e) of the definition of approving authority) (e) in any other case: (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 (ii) if the original agency no longer exists—the chief executive officer (however described) of the replacement agency determined under subsection (1A). 558 Subsection 4(1) > chief executive officer, in relation to an employing agency, means: (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 (b) in any other case—the person (however described) who is the chief executive officer of the employing agency. 559 Subsection 4(1) > employing agency means: (b) a public authority of the Commonwealth; or (c) a body covered by paragraph (6)(b); or (d) a company covered by paragraph (6)(c). 560 Subsection 4(1) (definition of officer) 561 After subsection 4(1) (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: (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 (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. 562 Subsection 4(9) 563 Subsection 4(10) Omit “to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 does not apply”. 564 Paragraph 4(10)(a) (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 565 Sections 9 and 9A 9 Delegation by approving authority (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). (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. (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. (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. > approving authority does not include the President of the Senate or the Speaker of the House of Representatives. 566 Paragraph 12(3)(a) (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 Management and Investment Companies Act 1983 567 Section 16 Maternity Leave (Commonwealth Employees) Act 1973 568 Subsection 3(1) > Agency Head, in relation to an employee, means: (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 (b) in the case of an employee in a prescribed authority—the chief executive officer (however described) of the prescribed authority. 569 Subsection 3(1) (definition of Department of the Australian Public Service) 570 Subsection 3(1) (definition of Secretary) 571 Paragraph 5(1)(a) 572 Subsection 5A(2) (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. 573 Subsection 6(4) 574 Subsection 6(4AB) 575 Subsection 6(4B) 576 Subsection 6(4C) 577 Subsection 6(4F) 578 Subsection 7A(4) 579 Subsection 7A(4) Omit “wishes the Secretary”, substitute “wishes the Agency Head”. 580 Subsection 7A(5) 581 Subsection 7A(5) Omit “subsection (4), the Secretary”, substitute “subsection (4), the Agency Head”. 582 Subsection 7A(6) 583 Subsection 7A(6) Omit “or the Secretary”, substitute “or the Agency Head”. 584 Section 8 8 APS employees on maternity leave Clause 12 of Schedule 14 to the Workplace Relations Act 1996 applies to a female APS employee if: (a) the employee is absent from duty in accordance with section 6; and (b) the absence is after her confinement and without pay. 585 Sections 11 and 12 11 Delegation by Agency Head (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). (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. (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. (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. > Agency Head does not include the President of the Senate or the Speaker of the House of Representatives. Meat Inspection Arrangements Act 1964 586 Subsection 3(1) (definition of person employed by the Commonwealth) > person employed by the Commonwealth means a person appointed or engaged under the Public Service Act 1999. Members of Parliament (Staff) Act 1984 587 Section 3 (definition of Agency) 588 Section 3 (definition of Board) 589 Section 3 (definition of officer) > officer means a person appointed or engaged under the Public Service Act. 590 Section 3 (definition of Public Service Act) 591 Section 3 (definition of relevant public servant) 592 Subsections 5(1), (2) and (3) Omit “Board”, substitute “Prime Minister”. 593 Section 10 594 Section 11 595 Subsection 14(1) 596 Subsection 14(1) Omit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”. 598 Subsection 14(2) 599 Sections 17 and 18 600 Subsection 21(1) 601 Subsection 21(1) Omit all the words after “are the same as”, substitute “are to be ascertained in accordance with the agreement for the employment of the person”. 603 Subsection 21(2) 604 Section 24 605 Section 25 Merit Protection (Australian Government Employees) Act 1984 606 The whole of the Act Migration Act 1958 607 Paragraph 143(1)(b) 608 Section 275 (paragraphs (a) and (b) of the definition of official) 609 Paragraph 364(1)(b) 610 Subsection 407(4) 611 Subsection 408(1) 612 Paragraph 428(1)(a) 613 Subsection 472(4) 614 Subsection 473(1) Migration Legislation Amendment (Migration Agents) Act 1997 615 Subsection 2(3) 616 Item 82 of Schedule 1 Motor Vehicle Standards Act 1989 617 Paragraph 22(2)(b) (b) is to be an SES employee, or acting SES employee, in the Department. 618 Subsection 25(1) 619 Subsection 25(2) National Crime Authority Act 1984 620 Subsection 40(1) 621 Subsection 47(1) 622 Subsection 47(2) National Environment Protection Council Act 1994 623 Subsection 43(1) 624 Subsection 49(1) 625 Subsections 49(2) and (3) (a) the NEPC Executive Officer and the APS employees assisting the NEPC Executive Officer together constitute a Statutory Agency; and (b) the NEPC Executive Officer is the Head of that Statutory Agency. 626 Subsection 51(1) Omit “officers and employees of Departments of the Australian Public Service”, substitute “persons engaged under the Public Service Act 1999”. National Gallery Act 1975 627 Subsection 28(1) National Health Act 1953 628 Subsection 4(1) (paragraph (a) of the definition of Director) 629 Subsection 82PEA(1) 630 Subsection 82PL(2) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 631 Subsection 82PL(2) 632 Subsection 82PN(1) 633 Subsection 82R(3) 634 Subsection 82X(1) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 635 Subsection 82ZUD(1) 636 Subsection 82ZUG(2) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 637 Subsection 82ZUG(2) National Health and Medical Research Council Act 1992 638 Subsection 22(1) (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. 639 Subsection 26(1) 640 Subsection 45(1) 641 Subsection 45(2) 642 Paragraph 48(1)(a) (a) an Agency Head within the meaning of the Public Service Act 1999; or 643 Paragraphs 48(1)(d), (e) and (f) After “of that”, insert “Agency,”. 644 Paragraph 72(a) National Labour Consultative Council Act 1977 645 Section 9 646 Subsection 12(2) National Library Act 1960 647 Subparagraph 6(c)(ii) Omit “Departments and”. 648 At the end of paragraph 6(c) Add: (iv) the Agencies (within the meaning of the Public Service Act 1999); and 649 Subsection 17(4) (a) the Director‑General and the APS employees assisting the Director‑General together constitute a Statutory Agency; and 650 Subsection 17(5) Omit “an officer employed under the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”. 651 Subsection 17(5) Omit “including his or her powers referred to in subsection (4) but”. 652 Subsection 17(6) Omit “, other than the powers referred to in subsection (4) of this section,”. 653 Subsection 17B(1) 654 Section 18 National Museum of Australia Act 1980 655 Subsection 26(1) 656 Subsection 30(1) 657 Subsections 30(2), (3) and (4) 658 Subsection 31(1) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. National Occupational Health and Safety Commission Act 1985 659 Subsection 12(1) 660 Subsection 32(1) 661 Subsection 53(1) 662 Subsection 53(2) (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and 663 Subsection 54(1) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 664 Subsection 54(1) National Parks and Wildlife Conservation Act 1975 665 Subsection 26(1) 666 Subsection 34(1) Omit “appointed or employed under the Public Service Act 1922‑1974”, substitute “engaged under the Public Service Act 1999”. 667 Subsections 34(2) and (3) 668 Subsection 36(2) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head (within the meaning of the Public Service Act 1999)”. 669 Subsection 36(2) National Roads Act 1974 670 Subsection 15(1) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. National Road Transport Commission Act 1991 671 Subsection 29(1) 672 Section 31 673 Subsection 31(2) (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and 674 Paragraph 33(1)(a) (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 National Transmission Network Sale Act 1998 675 Paragraph 23(1)(b) Omit “a person holding, or performing the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”. Native Title Act 1993 676 Subsection 102(1) 677 Subsection 117(1) 678 Subsection 130(3) Employment etc. under Public Service Act (3) The Deputy Registrars and the staff of the Tribunal are to be persons engaged under the Public Service Act 1999. 679 Subsection 130(4) Omit “the Secretary of a Department of the Australian Public Service”, substitute “an Agency Head within the meaning of the Public Service Act 1999”. 680 Subsection 130(4) 681 Section 131 131 Statutory Agency etc. for purposes of Public Service Act 682 Subsection 183(7) Natural Heritage Trust of Australia Act 1997 683 Paragraph 45(1)(c) (c) an SES employee or acting SES employee (whether or not in the Department); 684 Paragraph 46(1)(b) (b) an SES employee or acting SES employee (whether or not in the Department of Primary Industries and Energy); 685 Section 54 (definition of Senior Executive Service office) Natural Resources Management (Financial Assistance) Act 1992 686 Subsection 4(1) (definition of officer) Naval Defence Act 1910 687 Section 40 (definition of industrial award) > industrial award means an award within the meaning of the Workplace Relations Act 1996. 688 Section 42 Omit all the words after “the Navy”. 689 Subsection 42C(1) 690 Subsection 42C(2) Omit “Section 64 of the Public Service Act 1922”, substitute “Section 75 of the Public Service Act 1999”. 691 Subsection 42C(2) Omit “officer”, substitute “APS employee”. Norfolk Island Act 1979 692 Paragraph 13(4)(a) (a) is an APS employee; or Nuclear Non‑Proliferation (Safeguards) Act 1987 693 Subsection 4(1) (paragraph (a) of the definition of Commonwealth officer) 694 Subsection 46(1) 695 Section 55 Occupational Health and Safety (Commonwealth Employment) Act 1991 696 Subsection 5(1) (paragraph (a) of the definition of Department) (a) an Agency (within the meaning of the Public Service Act 1999); or 697 Subsection 5(1) (paragraph (a) of the definition of Secretary) (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 698 Section 51 699 Subsection 80(1) Omit “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”. 700 Subsection 80(2) 701 Subsection 80(2) Occupational Health and Safety (Maritime Industry) Act 1993 702 Subsection 106(3) Office of National Assessments Act 1977 703 Section 3 (paragraph (e) of the definition of prescribed Commonwealth officer) 704 Paragraph 6(2)(d) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 705 Paragraph 7(2)(a) Omit “an officer or officers of the Australian Public Service”, substitute “a person or persons appointed or engaged under the Public Service Act 1999”. 706 Subsection 13(1) 707 Paragraph 17(1)(a) 708 Subsections 17(2) and (3) (a) the Director‑General and the APS employees assisting the Director‑General together constitute a Statutory Agency; and 709 Subsection 17(4) 710 Subsection 17(4) Omit “appointed or employed under the Public Service Act 1922 in the Department”, substitute “engaged under that Act in the Agency”. Ombudsman Act 1976 711 Subsection 3(1) (definition of Department) Omit “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”. 712 Subsection 3(1) (definition of Secretary) 713 Paragraph 5(2)(g) After “office” (first and second occurring), insert “or position”. 714 Subsections 6(9), (10) and (11) (9) If the Ombudsman forms the opinion: (a) that a complaint could have been made under the Public Service Act 1999; and (b) that the complaint could be more conveniently or effectively dealt with by the Public Service Commissioner; 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. (10) If the Ombudsman makes a decision under subsection (9), the Ombudsman must: (a) transfer the complaint to the Public Service Commissioner as soon as is reasonably practicable; and (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 (c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Public Service Commissioner. 715 Subsection 25(1) 716 Subsection 31(1) 717 Subsections 31(2) and (3) (a) the Ombudsman and the APS employees assisting the Ombudsman together constitute a Statutory Agency; and (b) the Ombudsman is the Head of that Statutory Agency. Overseas Students (Refunds) Act 1990 718 Section 3 (definition of officer) 719 Subsection 5(1) Omit “an officer of”, substitute “an APS employee in”. 720 Paragraph 10(b) Ozone Protection Act 1989 721 Paragraph 49(1)(a) Omit “the Australian Public Service or any other”, substitute “an”. 722 After paragraph 49(1)(a) (b) a person engaged under the Public Service Act 1999; or 723 Section 67A Omit “a person holding or performing the duties of a Senior Executive Service office”, substitute “an SES employee or acting SES employee”. Parliamentary Contributory Superannuation Act 1948 724 Subsection 21B(1) (paragraph (d) of the definition of holder of an office of profit under the Commonwealth) (d) the holder of an office of Secretary within the meaning of the Public Service Act 1999; or Parliamentary Counsel Act 1970 725 Subsection 7(1) 726 Subsection 16(1) 727 Subsections 16(2) and (3) (a) the First Parliamentary Counsel and the APS employees assisting the First Parliamentary Counsel together constitute a Statutory Agency; and (b) the First Parliamentary Counsel is the Head of that Statutory Agency. Patents Act 1990 728 Section 200A 200A Designated Manager For the purposes of this Act, a person is the Designated Manager if the person occupies, or is acting in, a position that: (a) is usually occupied by an SES employee; and (b) has been declared by the Secretary to the Department, in writing, to be the position of Designated Manager. 729 Schedule 1 (paragraph (a) of the definition of employee) Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a person engaged under the Public Service Act 1999”. 730 Schedule 1 (paragraph (b) of the definition of employee) Petroleum Excise (Prices) Act 1987 731 Subsection 4(2) Omit “an officer within the meaning of the Public Service Act 1922”, substitute “a person appointed or engaged under the Public Service Act 1999”. Petroleum Resource Rent Tax Assessment Act 1987 732 Section 2 (definition of officer) Plant Breeder’s Rights Act 1994 733 Subsections 59(1) and (2) Omit “another officer of the Department within the Senior Executive Service”, substitute “an SES employee, or acting SES employee, in the Department”. Pooled Development Funds Act 1992 734 Section 68 Prawn Export Promotion Act 1995 735 Paragraph 24(b) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Prices Surveillance Act 1983 736 Subsection 43(4) (at the end of paragraph (a) of the definition of prescribed person) Add: (iv) appointed or engaged under the Public Service Act 1999; or Primary Industries Levies and Charges Collection Act 1991 737 Paragraph 26(b) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Privacy Act 1988 738 Subsection 6(1) (paragraph (a) of the definition of Commonwealth officer) Omit “appointed or employed under the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”. 739 Subsection 6(1) (definition of Department) 740 Subsection 6(1) (definition of Secretary) 741 Subsection 22(1) 742 Subsections 26A(1) and (2) (1) The staff necessary to assist the Commissioner must be persons appointed or employed under the Public Service Act 1999. 743 Subsection 50(1) (definition of Merit Protection Act) 744 Subsection 50(1) (definition of Merit Protection Agency) 745 Paragraph 50(2)(b) Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”. 746 Subsection 50(2) Omit “or the Merit Protection Agency” (wherever occurring), substitute “or the Public Service Commissioner”. 747 Paragraph 50(3)(b) Omit “Merit Protection Agency under section 47 of the Merit Protection Act”, substitute “Public Service Commissioner under the Public Service Act 1999”. Proceeds of Crime Act 1987 748 Subsection 4(1) (definition of prescribed officer) > prescribed officer means an SES employee or acting SES employee in the Attorney‑General’s Department. Productivity Commission Act 1998 749 Subsection 29(1) 750 Subsection 44(1) 751 Subsection 44(2) Protection of Movable Cultural Heritage Act 1986 752 Paragraph 24(1)(b) Public Lending Right Act 1985 753 Section 18 Public Service Act 1922 754 The whole of the Act Qantas Sale Act 1992 755 Subsection 11(1) Omit “a person who holds, or performs the duties of, a Senior Executive Service office”, substitute “an SES employee or acting SES employee”. 756 Subsection 11(2) 757 Paragraphs 20(1)(d) and (e) (e) the Public Service Act 1999; 758 Subsection 31(3) (paragraph (b) of the definition of authorised person) (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. 759 Subsection 40(4) (paragraph (c) of the definition of authorised person) (c) an SES employee, or acting SES employee, in the Department. Racial Discrimination Act 1975 760 Subsection 32(1) Radiocommunications Act 1992 761 Section 5 (paragraph (a) of the definition of Department) Omit “a Department within the meaning of the Public Service Act 1922”, substitute “an Agency within the meaning of the Public Service Act 1999”. 762 Subsection 204(1) 763 Subsection 248(1) Referendum (Machinery Provisions) Act 1984 764 Section 3 (subparagraph (b)(iii) of the definition of authorized witness) Omit “in the Australian Public Service or”. 765 Section 3 (after subparagraph (b)(iii) of the definition of authorized witness) (iiia) a person appointed or engaged under the Public Service Act 1999; or 766 Paragraph 11(4)(c) Omit “officers or employees within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”. 767 Subsection 95B(1) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. 768 Subsection 95B(7) Omit “an officer of the Australian Public Service”, substitute “a person appointed or engaged under the Public Service Act 1999”. Registration of Deaths Abroad Act 1984 769 Subsection 5(2) Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”. 770 Subsection 6(1) Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “engaged under the Public Service Act 1999”. 771 Paragraph 26(1)(a) Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “appointed or engaged under the Public Service Act 1999”. Remuneration and Allowances Act 1990 772 After section 8 8A Regulations The Governor‑General may make regulations prescribing matters: 773 Clause 7 of Schedule 1 774 Clause 5 of Schedule 2 775 Subclauses 1(2) and (3) of Schedule 3 Repeal the subclauses, substitute: (2) The Members of Parliament annual salary is equal to: (a) the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2; or (b) if the regulations prescribe a percentage (not more than 100%) of a reference salary—that percentage of the reference salary. (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. (4) In this clause: > principal executive classification means a classification determined by the Remuneration Tribunal under subsection 5(2A) of the Remuneration Tribunal Act 1973. > reference salary means: (a) the annual salary applicable to an office under a determination of the Remuneration Tribunal; or (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. Remuneration Tribunal Act 1973 776 Part II (heading) Repeal the heading, substitute: ## Part II—Remuneration etc. for certain offices and appointments ### Division 1—Preliminary 777 After section 3 Division 2—Determinations and reports by the Remuneration Tribunal 778 Subsection 5(2) (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. (2A) An additional function of the Tribunal is to: (a) determine a classification structure for principal executive offices; and (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. (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: (a) the office of Public Service Commissioner; (b) the office of Merit Protection Commissioner; (c) offices of Secretary; (d) offices of Heads of Executive Agencies. (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. (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: (a) the office of Parliamentary Service Commissioner; (b) the office of Parliamentary Service Merit Protection Commissioner; (c) offices of Secretary.