Part 6Other transitional provisions

Part 6 Other transitional provisions 6.1 Amendments of Acts 6.2 Continued operation of section 80 of Merit Protection (Australian Government Employees) Act 1984 Schedule 1 Amendments of Acts Part 1 Amendment of Administrative Decisions (Judicial Review) Act 1977 Part 2 Amendments of Australian Capital Territory Government Service (Consequential Provisions) Act 1994 Part 3 Amendment of Commonwealth Authorities and Companies Act 1997 Part 4 Amendments of Commonwealth Electoral Act 1918 Part 5 Amendment of Director of Public Prosecutions Act 1983 Part 6 Amendments of Federal Magistrates Act 1999 Part 7 Amendments of Members of Parliament (Staff) Act 1984 Part 8 Amendments of Remuneration Tribunal Act 1973 Part 9 Amendment of Safety, Rehabilitation and Compensation Act 1988 Part 10 Amendment of Superannuation Act 1976 Dictionary Notes Part 1 Preliminary 1.1 Name of Regulations \[see Note 1\] These Regulations are the Public Employment (Consequential and Transitional) Regulations 1999. 1.2 Commencement \[see Note 1\] These Regulations commence on the commencement of the Public Employment (Consequential and Transitional) Amendment Act 1999. 1.3 Definitions — the dictionary (1) The dictionary at the end of these Regulations defines certain words and expressions. (2) The dictionary includes certain words and expressions that are defined in section 2 or 4 of the Public Employment (Consequential and Transitional) Amendment Act 1999. (3) These words and expressions have the same meaning in these Regulations as they are given by section 2 or 4 of the Act. > Note These definitions are indicated by an asterisk (\*) and have been included for information only to assist readers of the regulations. Minor changes from the Act definitions are indicated by square brackets (\[ \]). (4) A definition in these Regulations applies to each use of the word or expression in these Regulations, unless the contrary intention appears. Part 2 Transitional provisions relating to the application of the old Act (other than Part IV) 2.1 Classifications (1) In this regulation: > name, in relation to a classification under the old Act, does not include the salary, or range of salaries, applicable to the classification under that Act. (2) The classification of a person under the new Act is a classification that has the same name as his or her classification under the old Act immediately before the commencing time. (3) If, under the old Act, more than 1 classification had the same name as an approved classification under the Classification Rules, those classifications are taken to be the same approved classification. 2.2 Appointments under the old Act made but not effective at commencing time (a) an instrument was made appointing a person to the APS under section 42 of the old Act; and (b) the appointment was made in accordance with the old Act, the old Regulations and any other applicable instruments under the old Act; and (c) the appointment had not taken effect. (2) The person is taken to be engaged as an ongoing APS employee under paragraph 22 (2) (a) of the new Act at the time stated in the instrument for the appointment to take effect. (3) However, if a determination was made under section 44 of the old Act in relation to the appointment of the person as a Senior Executive Service officer, the person is taken to be engaged as an APS employee under paragraph 22 (2) (b) of the new Act at the time stated in the determination for the appointment to take effect. 2.3 Appointments under certain other enactments made but not effective at commencing time (a) an instrument was made appointing a person to the APS under any of the following provisions: (i) section 22 of the Albury-Wodonga Development Act 1973; (ii) section 6 of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994; (iii) section 90A of the Australian Security Intelligence Organization Act 1979; (iv) section 63 of the Australian Trade Commission Act 1985; and (b) the appointment had not taken effect. (2) The person is taken to be engaged as an ongoing APS employee under paragraph 22 (2) (a) of the new Act at the time the appointment would have taken effect under the relevant provision. (3) If, under the relevant provision, the appointment could not have been made on probation, the engagement must not be made subject to a condition that the person is on probation. (4) The provision under which the instrument was made continues in force to allow for the making of any appeals in relation to the appointment. 2.4 SES appointments in progress at commencing time (a) a person was selected for: (i) appointment, under section 42 of the old Act, as a Senior Executive Service officer; or (ii) appointment, under sections 42 and 44 of the old Act, as a Senior Executive Service officer with a fixed-term appointment; and (b) the selection was made in accordance with the old Act, the old Regulations and any other applicable instruments under the old Act; and (c) the instrument appointing the person to the APS had not been made. (2) The person is taken to have been selected for engagement as an APS employee, in compliance with the requirements of the new Act and the Commissioner’s Directions. (3) The person may be engaged as an APS employee: (a) for a person mentioned in subparagraph (1) (a) (i) — under paragraph 22 (2) (a) of the new Act; and (b) for a person mentioned in subparagraph (1) (a) (ii) — under paragraph 22 (2) (b) of the new Act. > Note Under subs 22 (6) of the new Act, engagements may be made subject to conditions notified to the employee. 2.5 Employment opportunities notified before commencing time (1) This regulation applies to an employment opportunity that was notified in the Gazette before the commencing time. (2) Clauses 4.2, 4.3 and 4.6 of the Commissioner’s Directions do not apply for the purposes of selection processes carried out in relation to the employment opportunity within 12 months after it was notified in the Gazette. (3) A notification under subsection 33A (1) of the old Act that applied in respect of the employment opportunity continues to apply for the purposes of the employment opportunity until the end of 12 months after it was notified in the Gazette. 2.6 Re-appointments made but not effective at commencing time If, before the commencing time: (a) an instrument was made re-appointing a person to the APS under section 47B or 47C of the old Act; and (b) the re-appointment was made in accordance with the old Act, the old Regulations and any other applicable instruments under the old Act; and (c) the re-appointment had not taken effect; the person is taken to be engaged as an ongoing APS employee under paragraph 22 (2) (a) of the new Act at the time stated in the instrument for the re-appointment to take effect. 2.7 Persons on probation (termination decision made but not effective at commencing time) (1) This regulations applies to a person if, before the commencing time: (a) a decision was made to terminate the person’s appointment under section 47 of the old Act; and (b) the decision had not taken effect. (2) The old Act continues in force to allow for the termination of the person’s appointment. 2.8 Persons on probation at commencing time (no termination decision made before commencing time) (1) This regulation applies to a person who: (a) immediately before the commencing time, was an officer on probation under section 47 of the old Act; and (b) at the commencing time, becomes an APS employee; and (c) is not a person to whom regulation 2.7 applies. (2) This regulation also applies to a person who is taken to be engaged as an ongoing APS employee under subregulation 2.2 (2) or 2.3 (2) if the appointment of the person, under the relevant instrument or provision, was a probationary appointment. (3) The conditions applying to the person’s probationary appointment under section 47 of the old Act are taken to be conditions applying to the person’s engagement under subsection 22 (6) of the new Act. (4) The person is taken to have been notified of the conditions for the purposes of subsection 22 (6) of the new Act. (5) The old Act, the old Regulations and any other applicable instruments under the old Act continue in force for the purposes of determining whether the conditions are being met in relation to the person’s engagement. (6) The conditions applying to the person’s engagement are conditions for the purposes of paragraph 29 (3) (f) of the new Act. 2.9 Transfers made but not effective at commencing time (a) an instrument transferring a person to a vacant office under section 49 or 50 of the old Act was made; and (b) the transfer had not taken effect. (2) The old Act and the old Regulations continue in force for the purposes of any of following matters that are relevant to the transfer: (a) notification in the Gazette; (b) date of effect; (c) cancellation; (d) right to apply to decline transfer. (a) a transfer would have taken effect under the old Act, after the completion of the relevant matters mentioned in subregulation (2); and (b) the person’s office and the vacant office would be regarded, under the new Act, as the equivalent of duties in different Agencies. (a) the Agency Head of the Agency that includes the equivalent of the vacant office (the new Agency Head) is taken to have entered into an agreement with the person to move to that Agency: (i) with effect from the time at which the transfer would have taken effect under the old Act and the old Regulations; and (c) the requirement in regulation 3.9 of the new Regulations for the person to tell the person’s current Agency Head about the agreement before the end of the next working day after the agreement is made does not apply; and (d) the new Agency Head is taken to have: (ii) determined that the place or places at which the duties are to be performed are the same as the place or places applicable to the vacant office; and with effect from the time at which the transfer would have taken effect under the old Act and the old Regulations. (a) a transfer would have taken effect under the old Act, after the completion of the relevant matters mentioned in subregulation (2); and (b) the person’s office and the vacant office would be regarded, under the new Act, as the equivalent of duties in the same Agency. (b) to have determined that the place or places at which the duties are to be performed are the same as the place or places applicable to the vacant office; and with effect from the time at which the transfer would have taken effect under the old Act and the old Regulations. 2.10 Promotions made but not effective at commencing time (a) an instrument promoting a person to a vacant office under section 49B or 50 of the old Act was made; and (b) the promotion had not taken effect. (2) The old Act and the old Regulations continue in force for the purposes of any of the following matters that are relevant to the promotion: (a) notification in the Gazette; (b) date of effect; (c) appeal rights; (d) review rights; (e) cancellation. (a) a transfer or promotion would have taken effect under the old Act, after the completion of the relevant matters mentioned in subregulation (2); and (b) the person’s office and the vacant office would be regarded, under the new Act, as the equivalent of duties in different Agencies. (a) the Agency Head of the Agency that includes the equivalent of the vacant office (the new Agency Head) is taken to have entered into an agreement with the person to move to that Agency: (i) with effect from the time at which the transfer or promotion would have taken effect under the old Act and the old Regulations; and (c) the new Agency Head is taken to have: (ii) determined that the place or places at which the duties are to be performed are the same as the place or places applicable to the vacant office; and with effect from the time at which the transfer or promotion would have taken effect under the old Act and the old Regulations. (a) a transfer or promotion would have taken effect under the old Act, after the completion of the relevant matters mentioned in subregulation (2); and (b) the person’s office and the vacant office would be regarded, under the new Act, as the equivalent of duties in the same Agency. (b) to have determined that the place or places at which the duties are to be performed are the same as the place or places applicable to the vacant office; and with effect from the time at which the transfer or promotion would have taken effect under the old Act and the old Regulations. 2.11 Transfers or promotions on advice of Joint Selection Committee (a) the Merit Protection and Review Agency was notified in writing that a Secretary had arranged for the establishment of a Joint Selection Committee under paragraph 50DA (4) (d) or 50DB (3) (c) of the old Act; or (b) a vacancy was notified in the Gazette under paragraph 50DA (4) (c) or 50DB (3) (a) of the old Act. (2) The old Act and the old Regulations continue to apply for the purposes of the filling of the vacancy. (a) a transfer or promotion would have taken effect under the old Act, after the completion of the process mentioned in subregulation (2); and (b) the person’s office and the vacant office would be regarded, under the new Act, as the equivalent of duties in different Agencies. (a) the Agency Head of the Agency that includes the equivalent of the vacant office (the new Agency Head) is taken to have entered into an agreement with the person to move to that Agency: (i) with effect from the time at which the transfer or promotion would have taken effect under the old Act and the old Regulations; and (c) if the move is not a promotion, the requirement in regulation 3.9 of the new Regulations for the person to tell the person’s current Agency Head about the agreement before the end of the next working day after the agreement is made does not apply; and (d) the new Agency Head is taken to have: (ii) determined that the place or places at which the duties are to be performed are the same as the place or places applicable to the vacant office; and with effect from the time at which the transfer or promotion would have taken effect under the old Act and the old Regulations. (a) a transfer or promotion would have taken effect under the old Act, after the completion of the process mentioned in subregulation (2); and (b) the person’s office and the vacant office would be regarded, under the new Act, as the equivalent of duties in the same Agency. (b) to have determined that the place or places at which the duties are to be performed are the same as the place or places applicable to the vacant office; and with effect from the time at which the transfer or promotion would have taken effect under the old Act and the old Regulations. 2.12 Fixed-term Secretaries (1) This regulation applies to a person who is taken, under subsection 5 (1) of the Act, to be appointed as a Secretary under the new Act. (2) Until a determination is made under section 61 of the new Act, the appointment is taken to be subject to the terms and conditions applying to the person’s appointment under the old Act immediately before the commencing time (including the terms and conditions provided for under Remuneration Tribunal Determination 1999/04). 2.13 Acting Secretaries (1) This regulation applies if, at the commencing time, a person holds an appointment under paragraph 39 (1) (a), (b) or (c) of the old Act. (2) The person is taken to be appointed under section 62 of the new Act on the terms that applied to the appointment, immediately before the commencing time, under the old Act. 2.14 Public Service Commissioner (1) This regulation applies to the person who is, under subsection 5 (2) of the Act, the Public Service Commissioner under the new Act. (2) Until a determination is made under section 46 of the new Act, the appointment is taken to be subject to the terms and conditions applying to the person’s appointment under the old Act immediately before the commencing time (including those provided for under Remuneration Tribunal Determination 1999/04). (3) Subsection 11 (6) of the old Act continues to apply to the person. 2.15 Public Service Commissioner — annual report for the 1999-2000 financial year The report required by section 44 of the new Act in relation to the financial year ending on 30 June 2000 must include the following reports: (a) a report on the activities of the Commissioner under the old Act during the period between 1 July 1999 and the commencing time; (b) a report in accordance with subregulation 12 (2) of the old Regulations on the state of the APS during the period between 1 July 1999 and the commencing time. 2.16 Temporary performance of duties of SES officers (a) a person was given a direction under regulation 108 of the old Regulations, before the commencing time, to perform temporarily the whole, or a specified part, of the duties of a Senior Executive Service office (the other office); and (b) the period of effect of the direction had not ended at the commencing time; and (c) the duties performed by the person immediately before he or she was given the direction, and the duties of the other office, would be treated under the new Act as corresponding to duties in different Agencies. (2) For the purposes of sections 25 and 26 of the new Act: (a) the Agency Head of the Agency in which duties corresponding to the duties of the other office are performed is taken to have entered into an agreement with the person to move to that Agency; and (ii) if the direction is stated to take effect at or after the commencing time — when the direction is stated to take effect; and (ii) a condition that, on the day after the agreement ceases to have effect, the person will return to the Agency in which he or she would, apart from the direction, have been performing duties; and (f) the requirement under regulation 3.9 of the new Regulations for the person to notify the Agency Head does not apply; and (i) determined the person’s duties in the Agency as the duties of the other office; and (ii) determined that his or her duties in the Agency are to be performed at the place, or places, applicable to performance of the duties of the other office; and (a) a person was given a direction under regulation 108 of the old Regulations, before the commencing time, to perform temporarily the whole, or a specified part, of the duties of a Senior Executive Service office (the other office); and (b) the period of effect of the direction had not ended at the commencing time; and (c) the duties performed by the person immediately before he or she was given the direction, and the duties of the other office, would be treated under the new Act as corresponding to duties in different Agencies. (4) For the purposes of section 25 of the new Act, the person’s Agency Head is taken to have: (a) determined the person’s duties in the Agency as the duties of the other office; and (b) determined that his or her duties in the Agency are to be performed at the place, or places, applicable to performance of the duties of the other office; and (5) Subregulation (4) has effect for the remainder of the period mentioned in paragraph (3) (b). 2.17 Temporary performance of duties of non-SES officers (non-appellable) (a) a person was given a direction under regulation 116A of the old Regulations, before the commencing time, to perform temporarily the whole, or a specified part, of the duties of an office (the other office); and (b) any promotion to the other office would not, under section 50 of the old Act, have been an appellable promotion; and (c) the period of effect of the direction had not ended at the commencing time; and (d) the duties performed by the person before he or she was given the direction, and the duties of the other office, would be treated under the new Act as corresponding to duties in different Agencies. (2) For the purposes of sections 25 and 26 of the new Act: (a) the Agency Head of the Agency in which duties corresponding to the duties of the other office are performed is taken to have entered into an agreement with the person to move to that Agency; and (ii) if the direction is stated to take effect at or after the commencing time — when the direction is stated to take effect; and (ii) a condition that, on the day after the agreement ceases to have effect, the person will return to the Agency in which he or she would, apart from the direction, have been performing duties; and (f) the requirement under regulation 3.9 of the new Regulations for the person to notify the Agency Head does not apply; and (i) determined the person’s duties in the Agency as the duties of the other office; and (ii) determined that his or her duties are to be performed at the place, or places, applicable to performance of the duties of the other office; and (a) a person was given a direction under regulation 116A of the old Regulations, before the commencing time, to perform temporarily the whole, or a specified part, of the duties of an office (the other office); and (b) any promotion to the other office would not, under section 50 of the old Act, have been an appellable promotion; and (c) the period of effect of the direction had not ended at the commencing time; and (d) the duties performed by the person before he or she was given the direction and the duties of the other office would be treated under the new Act as corresponding to duties in the same Agency. (4) For the purposes of section 25 of the new Act, the person’s Agency Head is taken to have: (a) determined the person’s duties in the Agency as the duties of the other office; and (b) determined that his or her duties are to be performed at the place, or places, applicable to performance of the duties of the other office; and (5) Subregulation (4) has effect only for the remainder of the period mentioned in paragraph (3) (c). 2.18 Temporary performance of duties of non-SES officers (appellable) (a) a person was given a direction under regulation 116A of the old Regulations to perform temporarily the whole, or a specified part, of the duties of an office (the higher office); and (b) any promotion to the higher office would, under section 50 of the old Act, have been an appellable promotion; and (c) the period of effect of the direction had not ended. (2) If the direction was notified 14 days or less before the commencing time, regulations 116, 116C, 116D and 116E of the old Regulations continue to apply in relation to the direction. (3) For the purposes of sections 25 and 26 of the new Act, if the duties performed by the person before he or she was given the direction and the duties of the higher office would be treated under the new Act as corresponding to duties in different Agencies: (a) the Agency Head of the Agency in which duties corresponding to the duties of the higher office are performed is taken to have entered into an agreement with the person to move to that Agency; and (ii) if the direction is stated to take effect at or after the commencing time — when the direction is stated to take effect; and (ii) a condition that, on the day after the agreement ceases to have effect, the person will return to the Agency in which he or she would, apart from the direction, have been performing duties; and (f) the requirement under regulation 3.9 of the new Regulations for the person to notify the Agency Head does not apply; and (i) determined the person’s duties in the Agency as the duties of the higher office; and (ii) determined that his or her duties are to be performed at the place, or places, applicable to performance of the duties of the higher office; and (4) For the purposes of section 25 of the new Act, if the duties performed by the person before he or she was given the direction and the duties of the higher office would be treated under the new Act as corresponding to duties in the same Agency, the person’s Agency Head is taken to have: (a) determined the person’s duties in the Agency as the duties of the higher office; and (b) determined that his or her duties are to be performed at the place, or places, applicable to performance of the duties of the higher office; and (5) If subregulation (3) or (4) applies to a direction mentioned in paragraph 116E (1) (b) of the old Regulations, that subregulation is taken to apply to the direction as if the direction were given before the commencing time. (6) Subregulations (2) and (4) have effect only for the remainder of the period mentioned in paragraph (1) (c). 2.19 Pre-commencement misconduct (1) This regulation applies if, immediately before the commencing time: (a) an old Act officer or old Act employee had been charged with pre-commencement misconduct; and (b) the charge had not been finally determined. (2) The old Act, and Divisions 1, 2 and 3 of Part 1A, Part IX and Part X of the old Regulations, continue to apply in relation to the pre-commencement conduct. (3) For the purposes of this regulation, a charge is finally determined when a decision, direction (including a disciplinary direction), finding or recommendation that has been made, or an action that has been taken, under the old Act or the Merit Protection Act, in respect of the charge: (a) is not, or is no longer, subject to any form of appeal or review under either of those Acts; or (b) was subject to some form of appeal or review under either of those Acts, but the period within which such an appeal or review could be instituted has ended without an appeal or review having been instituted. 2.20 Conviction by court (1) This regulation applies to an APS employee if, before the commencing time: (a) the APS employee was an old Act officer or old Act employee who had been convicted of, or found (without recording a conviction) to have committed, a criminal offence; and (b) the APS employee, as an old Act officer or old Act employee, had been given an opportunity, under paragraph 63 (1) (b) of the old Act, to furnish to the relevant Secretary a written statement in relation to the offence. (2) Sections 63, 63F and 63M of the old Act continue to apply in relation to the APS employee. 2.21 Suspension (a) an old Act officer or old Act employee was suspended under section 63B of the old Act before the commencing time; and (b) the suspension was in force immediately before the commencing time. (2) If the old Act officer or old Act employee was charged with misconduct under Division 6 of Part III of the old Act, sections 63B, 63C and 63JA of the old Act, and regulation 164A of the old Regulations, continue to apply until the end of the period of the suspension. (3) If the old Act officer or old Act employee was suspended without being charged with misconduct under Division 6 of Part III of the old Act, the suspension is taken to be a suspension under regulation 3.10 of the new Regulations. 2.22 Delegations (a) a power or function was delegated to a person, before the commencing time, under: (i) subsection 18 (1), 18 (3) or 26 (1) of the old Act; or (ii) regulation 160 of the old Regulations; and (b) the delegation was in force immediately before the commencing time. (2) If the delegation was stated to have effect for a specified period, it continues in force: (a) with respect to any exercise of the power, or performance of the function, by the person under the old Act or old Regulations that: (i) was started, but not completed, before the commencing time; and (ii) relates to a provision of the old Act or the old Regulations that continues to apply, or have effect, because of a provision of these Regulations; and (b) until the end of the period. (3) If the delegation was not stated to have effect for a specified period, it continues in force with respect to any exercise of the power, or performance of the function, by the person under the old Act or old Regulations that: (a) was started, but not completed, before the commencing time; and (b) relates to a provision of the old Act or the old Regulations that continues to apply, or have effect, because of a provision of these Regulations. 2.23 Directions related to delegations (a) a person: (i) was given a direction under subsection 18 (8) or 26 (3A) of the old Act with respect to the exercise of a power, or the performance of a function; or (ii) gave a direction to a sub-delegate of the person under paragraph 18 (8) (b) of the old Act with respect to the exercise of a power or the performance of a function; and (b) the direction was in force immediately before the commencing time. (2) The direction continues in force with respect to any exercise of the power, or performance of the function, by the person under the old Act or old Regulations that: (a) was started, but not completed, before the commencing time; and (b) relates to a provision of the old Act or the old Regulations that continues to apply, or have effect, because of a provision of these Regulations. 2.24 Determinations — SES employees’ superannuation benefits (1) This regulation applies if a determination was: (a) made under section 45 of the old Act in relation to the provision to a person of superannuation benefits or benefits in the nature of superannuation benefits; and (b) in force immediately before the commencing time. (2) The determination continues in force for the duration of the appointment of the person to which section 45 of the old Act relates. 2.25 Notices — forfeiture of office or employment (a) a notice was issued to an officer under section 66A of the old Act about the possibility of the officer being deemed to have retired from the Service; and (i) the notice was still in force; and (ii) the officer was still an officer. (2) This regulation also applies if: (a) a notice was issued to an employee, or a continuing employee, under section 82AJ of the old Act about the possibility of that employee or continuing employee being deemed to have retired from the Service; and (i) the notice had not been revoked; and (ii) the employee or continuing employee was still an employee or continuing employee. (3) The notice continues in force after the officer or employee becomes an APS employee. (4) The relevant section continues to apply in relation to the notice, and the APS employee until: (a) the notice is revoked; or (b) the APS employee ceases to be an APS employee. 2.26 Review proceedings — certain provisions continue (a) an application for review is made under section 66B or 82AK of the old Act; and (b) review proceedings (including any appeal proceedings) are not completed before the commencing time. (2) The relevant section continues to apply to those proceedings after the commencing time until the proceedings are completed. 2.27 Retirement benefits — SES officers (a) a notice was issued to a Senior Executive Service officer under section 76R of the old Act that if the officer retires from the Service within the period specified in the notice the officer will be entitled to a specified benefit; and (i) the notice was still in force; and (ii) the officer was still an officer. (2) The notice continues in force after the SES officer becomes an SES employee. (3) Section 76R of the old Act continues to apply in relation to the notice, and the SES employee, until: (a) the end of the period specified in the notice; or (b) the SES employee ceases to be an SES employee; or (c) action taken for the purposes of the notice is discontinued. 2.28 Reduction of classification — non-SES officers (a) a notice to reduce the classification of a person was issued to the person under section 76W of the old Act; and (i) his or her classification had not been reduced; and (ii) the notice was still in force. (2) The notice continues in force after the person becomes an APS employee. (3) Whichever of sections 76S, 76T, 76W, 76X, 76Z and 92 of the old Act, and regulations 46 to 51 and regulations 120A, 120C and 120D of the old Regulations, are relevant continue to apply in relation to the notice and the person. (4) If a result of the operation of subregulation (3) is the reduction of the classification that applied, immediately before the commencing time, to the person, his or her Agency Head is taken to have: (a) determined that the duties of the person in the Agency: (i) have a classification corresponding to an office of the reduced classification; and (ii) are to be performed at the place, or places, applicable to an office of the reduced classification; and (b) assigned those duties to the person. (5) If the classification that applied immediately before the commencing time to the person is not reduced as a result of the operation of subregulation (3), the notice ceases to have effect. 2.29 Retirements — non-SES officers (a) a notice to retire a person from the Service was issued to the person under section 76W of the old Act; and (i) the notice had not been revoked; and (ii) the person was still an officer. (2) The notice continues in force after the person becomes an APS employee. (3) Whichever of sections 76S, 76T, 76W, 76X, 76Z and 92 of the old Act, and regulations 46 to 51 and regulations 120A, 120C and 120D of the old Regulations, are relevant continue to apply in relation to the notice, and the person, until: (a) the end of the period specified in the notice; or (b) the person ceases to be an APS employee. 2.30 Arrangements, agreements and authorisations for reciprocal services (1) This regulation applies if any of the following matters was in force immediately before the commencing time: (a) an arrangement or agreement under section 78 of the old Act; (b) an authorisation or agreement under section 80 of the old Act; (c) an arrangement under section 81 of the old Act. (2) The arrangement, agreement or authorisation continues in force after the commencing time, to the extent that its provisions require or permit it to continue in force. (3) Division 9 of Part III of the old Act continues to apply in relation to the arrangement, agreement or authorisation after the commencing time. 2.31 Determinations of special terms or conditions of employment (1) This regulation applies if a determination of special terms or conditions of employment under subsection 81B (5) or 81C (3) of the old Act is in force immediately before the commencing time. (2) The determination continues in force. (3) The relevant subsection continues in force in relation to the determination. 2.32 Engagements not completed at commencing time — continuing employees (a) an instrument to give effect to the engagement of a person as a continuing employee in a Department under section 82AC of the old Act was signed on behalf of the Secretary of the Department; but (b) the engagement of the person did not take effect. (2) The person is taken to be engaged as an APS employee under paragraph 22 (2) (a) of the new Act when the engagement takes effect in accordance with the instrument. (a) action was taken in relation to the engagement of a person as a continuing employee in a Department under section 82AC of the old Act; but (b) an instrument to give effect to the engagement was not signed on behalf of the Department. (4) If the engagement of the person is to take effect within 12 months of the commencement of the action in relation to the engagement, the action is taken to meet the requirements of Chapter 4.2 of the Commissioner’s Directions. 2.33 Engagements not completed at commencing time — other employees (1) Subregulations (2) and (3) apply if, before the commencing time: (a) an instrument to give effect to the engagement of a person as an employee in a Department under section 82AD, 82AE or 82AG of the old Act was signed on behalf of the Secretary of the Department; but (b) the engagement of the person did not take effect. (2) If the engagement was for a specified period the person is taken to be engaged, as an APS employee under paragraph 22 (2) (b) of the new Act when the engagement takes effect in accordance with the instrument. (a) action was taken in relation to the engagement of a person as an employee in a Department under section 82AD, 82AE or 82AG of the old Act; but (b) an instrument to give effect to the engagement was not signed on behalf of the Secretary of the Department. (4) If the engagement of the person: (a) was for a specified period; and (b) is to take effect within 12 months of the commencement of the action in relation to the engagement; the action is taken to meet the requirements of Chapter 4.3 of the Commissioner’s Directions. 2.34 Terminations not completed at commencing time (a) the termination of an employee’s employment under section 82AH of the old Act was approved by, or on behalf, of a Secretary; but (b) the employment was not terminated. (2) The person’s employment is taken to terminate at the time approved by, or on behalf of, the Secretary under section 82AH of the old Act. 2.35 Continuation of short- and fixed-term SES engagements (1) This regulation applies to a person who, immediately before the commencing time, was an SES officer engaged under section 82AD or 82AE of the old Act. (2) At the commencing time, the SES officer becomes an SES employee: (b) with a corresponding classification; as if he or she had been engaged under the new Act as an SES employee for a period equal to the unexpired part of the term of the engagement under the old Act. 2.36 Gazettal of notices (1) Subregulation (2) applies if notice of an appointment, promotion, transfer, retirement or dismissal that is mentioned in subsection 92 (2) of the old Act was not published in the Gazette before the commencing time. (2) The subsection continues to have effect in relation to the appointment, promotion, transfer, retirement or dismissal. (3) Subregulation (4) applies if a transfer mentioned in regulation 106D of the old Regulations was not notified in the Gazette before the commencing time. (4) The regulation continues to have effect after that time in relation to the transfer. 2.37 Continuing authority for certain payments (1) This regulation applies if the payment of money to an officer or employee: (a) was authorised under subsection 90 (3) of the old Act; and (b) was to be made after the commencing time. (2) The payment is taken to have been authorised under section 73 of the new Act. 2.38 Interpretation of certain awards, certified agreements and AWAs (1) This regulation applies if an award, certified agreement or AWA: (a) is in force at the commencing time in relation to an APS employee; and (b) contains a provision that refers to a provision of the old Act or old Regulations to which a provision of the new Act or new Regulations corresponds. (2) The reference in the provision of the award, certified agreement or AWA to the provision of the old Act or old Regulations is to be read as including a reference to the corresponding provision of the new Act or new Regulations. (3) Also, the provision is to be read in a way that is consistent with, and promotes, the transition from the application of the old Act and old Regulations to the new Act and new Regulations. 2.39 Determination 162 of 1994 Determination 162 of 1994 (made under section 82D of the old Act) applies in relation to an Agency only to the extent that it is capable of applying to the Agency in accordance with the provisions of the Determination. 2.40 Attachment of salaries of officers (a) an amount was deducted, under section 64 of the old Act, each pay-day from the salary of an old Act officer or old Act employee to satisfy a judgment debt; and (b) an amount remains owing on the judgment debt. (2) Section 64 of the old Act continues to apply until the remaining balance of the judgment debt is satisfied. 2.41 Deduction of pecuniary penalty from salary (a) an amount was deducted, under section 65 of the old Act, from the salary of an old Act officer or old Act employee to pay a pecuniary penalty; and (b) an amount remains owing on the penalty. (2) Section 65 of the old Act continues to apply until the remaining balance of the pecuniary penalty is paid. 2.42 Whistleblowing (a) an APS employee made a report under regulation 9 of the old Regulations; and (b) the report had not been finally dealt with under regulations 10 and 11 of the old Regulations. (2) Regulations 10 and 11 of the old Regulations continue to apply in relation to the report. 2.43 Medical examinations (a) a Secretary gave a written notice to an old Act officer or old Act employee under regulation 48 or 51 of the old Regulations, directing the officer or employee to submit to a medical examination; and (b) the officer or employee had not attended a medical examination. (2) The written notice is taken to be a written notice under regulation 3.2 of the new Regulations. Part 3 Transitional provisions relating to rights under Part IV of the old Act Division 3.1 First-tier persons Subdivision 3.1.1 General rights Outline of first-tier concept Section 6 of the Act makes arrangements for first-tier persons.