A.C.T. Consequential Provisions Act means the A.C.T.
Self-Government (Consequential Provisions) Act 1988 . "Australian Capital
Territory Government Service "means the service established by the Public
Sector Management Act 1994 of the Australian Capital Territory.
Part 2
Subsection 121(2) (definition of relevant law):
Omit "
Commonwealth Employees' Rehabilitation and Compensation Act 1988 ", substitute
" Safety, Rehabilitation and Compensation Act 1988 ".
After subsection
149(1):
Insert the following subsection:
"(1A) For the purposes of subsection (1), the Australian Capital Territory
Government Service is taken to be the successor to the business of the
Australian Capital Territory in relation to the transitional staff within the
meaning of the A.C.T. Self-Government (Consequential Provisions) Act 1988 .".
Part 3
Section 6:
(a) Omit from paragraph (e) "and" (last occurring).
(b)
Add at the end the following paragraphs and subsection:
"(g) to provide to Secretaries of Departments services in connection with the
establishment, constitution and operation of Joint Selection Committees under
section 50DA or 50DB of the Public Service Act 1922 ; and - (h)
- with the
consent of the Minister, to enter into an arrangement with the Australian
Capital Territory or an authority of the Territory under which the Agency will
perform, for the Territory or the authority, as the case may be, functions
conferred by an enactment and similar, or substantially similar, to functions
performed by the Agency under this Act.
"(2) An arrangement referred to in paragraph (1)(h) may include provisions for
payment by the other party to the arrangement for the performance of functions
by the Agency in accordance with the arrangement.".
Part 4
AUSTRALIAN CAPITAL TERRITORY GOVERNMENT SERVICE (CONSEQUENTIAL PROVISIONS) ACT 1994
- SECT Occupational Health and Safety (Commonwealth Employment) Act 1991
Subsection 5(1) (definition of Commonwealth authority):
Omit from paragraph
(a) "other than", substitute "other than the Australian Capital Territory,".
Subparagraph 9(2)(c)(ii):
Omit "other than", substitute "other than the
Australian Capital Territory,".
Part 5
Remuneration Tribunal Act 1973
Subsection 3(1):
Insert the following definition:
" ACT office means:
- (a)
- an office or appointment specified in any of paragraphs (fc) to (fh) of
subsection 3(4), as modified by regulations in force under the A.C.T.
Self-Government (Consequential Provisions) Act 1988 ; or
- (b)
- an office or
appointment specified in subsection 73(1) of the
Australian Capital Territory (Self-Government) Act 1988 ,".
Subsection 3(3):
Omit the subsection, substitute:
"(3) A reference in this Part to an office includes a reference to an office
that, within the meaning of the Australian Capital Territory
(Self-Government) Act 1988 , is an office of member of the Assembly or
Minister and any office in or in connection with that Assembly that can be
held only by a member of that Assembly.".
Subsection 7(6):
Omit the
subsection, substitute:
"(6) The Tribunal must give the Minister a copy of every determination made by
the Tribunal, other than a determination that relates to an ACT office.
- (6A)
- The Tribunal must give the Chief Minister of the Australian Capital Territory
a copy of every determination made by the Tribunal in relation to an ACT
office.".
Subsection 7(7):
After "determination" (first occurring), insert
", other than a determination that relates to an ACT office,".
After
subsection 7(8):
Insert:
"(8A) If the Legislative Assembly of the Australian Capital Territory, within
30 sitting days of the Assembly after a copy of a determination that relates
to an ACT office is given to the Chief Minister, passes a resolution
disapproving of the determination, then:
- (a)
- if the determination has not
come into operation—the determination does not come into operation; or
- (b)
- if the determination has come into operation—the determination does
not have any force or effect after the day on which the resolution is
passed.".
Safety, Rehabilitation and Compensation Act 1988
Subsection 4(1)
(paragraph (b) of the definition of Commonwealth authority ):
After "other
than" insert "an ACT enactment or a law of".
Subsection 4(1) (subparagraph
(c)(ii) of the definition of Commonwealth authority):
After "other than"
insert "the Australian Capital Territory or".
Subsection 4(1) (definition of
Commonwealth authority):
Add at the end the following word and paragraph:
"or (e) if a declaration is in force under section 4A, the Australian Capital
Territory;".
Subsection 4(1):
Insert the following definitions:
"ACT enactment "means an enactment as
defined by section 3 of the ACT Self-Government Act. "ACT Self-Government
Act" means the Australian Capital Territory (Self-Government) Act 1988 .
Section 4:
Add at the end the following subsection:
"(14) In spite of the definition of principal officer in subsection (1),
if the Australian Capital Territory is a Commonwealth authority for the
purposes of this Act, the following rules have effect:
- (a)
- if there is in
force a written declaration by the Minister, made at the written request of
the Chief Minister for the Territory, that a specified person is to be taken
to be the principal officer of the Territory, this Act has effect accordingly;
- (b)
- if there is no such declaration in force, the Chief Minister of the
Territory is to be taken to be the principal officer of the Territory.".
After section 4:
Insert the following section:
4A Declaration that ACT a
Commonwealth authority
- (1)
- If the Chief Minister for the Australian Capital
Territory so requests in writing, the Minister may, in writing, declare the
Australian Capital Territory to be a Commonwealth authority for the purposes
of this Act.
- (2)
- The Minister may revoke a declaration under subsection (1).
- (3)
- The Minister may only revoke a declaration if either:
- (a)
- the Minister
has given the Chief Minister at least 12 months' notice in writing of his or
her intention to revoke the declaration; or
- (b)
- the Chief Minister has given
the Minister a written request that the declaration be revoked and:
- (i)
- a
period of at least 12 months; or
- (ii)
- such shorter period as is agreed on by
the Minister and the Chief Minister;
has elapsed since the request was given
to the Minister.".
Subsection 5(1):
Insert the following definition:
"
Chief Minister means the Chief Minister for the Australian Capital
Territory.".
Subparagraph 5(2)(c)(ii):
After "other than" insert "an ACT
enactment or a law of".
Section 5:
Add at the end the following subsections:
"(11) For the purposes of this Act, the following are taken to be employed by
the Australian Capital Territory:
- (a)
- a person who is an officer or
employee of an authority or body established by an ACT enactment, other than
an authority or body in respect of which a declaration is in force under
subsection (12);
- (b)
- a person who is an officer or employee of a body
corporate incorporated under a law of the Commonwealth or a law in force in a
State or Territory, being a body:
- (i)
- in which the Australian Capital
Territory or an authority or body established by an ACT enactment has a
controlling interest; and
- (ii)
- in respect of which a declaration under
subsection (13) is in force;
- (c)
- a person who is an officer or employee of a body corporate incorporated
under a law of the Commonwealth or a law in force in a State or Territory,
being a body:
- (i)
- in which a body corporate referred to in paragraph (b)
has a controlling interest; and
- (ii)
- in respect of which a declaration under
subsection (13) is in force;
- (d)
- a person who is employed under the
Legislative Assembly (Members' Staff) Act 1989 of the Australian Capital
Territory;
- (e)
- the Commissioner, Deputy Commissioner and members of the
Australian Capital Territory Fire Brigade under the Fire Brigade
(Administration) Act 1974 of the Australian Capital Territory;
- (f)
- a person
who holds, or is acting in, an office established by an ACT enactment, other
than an office in respect of which a declaration is in force under subsection
(12).
- (12)
- If the Chief Minister so requests in writing, the Minister may
make a written declaration that:
- (a)
- an authority or body is not an
authority or body to which subsection (11) applies; or
- (b)
- an office is not
an office to which subsection (11) applies.
- (13)
- If the Chief Minister so
requests in writing, the Minister may make a written declaration that a body
corporate is a body to which subsection (11) applies.
- (14)
- Subsection (11)
does not apply to the following offices established by the
Australian Capital Territory (Self-Government) Act 1988 :
- (a)
- Chief
Minister for the Australian Capital Territory;
- (b)
- Deputy Chief Minister for
the Australian Capital Territory;
- (c)
- Minister;
- (d)
- Presiding Officer of the
Legislative Assembly for the Australian Capital Territory;
- (e)
- deputy to the
Presiding Officer of the Legislative Assembly for the Australian Capital
Territory;
- (f)
- member of the Legislative Assembly for the Australian Capital
Territory.
- (15)
- If the Chief Minister so requests in writing, the Minister
may make a written declaration that persons specified in the declaration, when
engaging in activities:
- (a)
- at the request or direction, or for the
benefit, of the Australian Capital Territory; or
- (b)
- in accordance with a
requirement made by or under an ACT enactment; or
- (c)
- at the request or
direction, or for the benefit, of an authority or body established by an ACT
enactment;
are to be taken to be employees of the Australian Capital Territory.".
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
Commonwealth Consolidated Acts