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AUSTRALIAN CAPITAL TERRITORY GOVERNMENT SERVICE (CONSEQUENTIAL PROVISIONS) ACT 1994 - SCHEDULE 2

- Further amendments

Section 22

Australian Capital Territory (Self-Government) Act 1988
Section 3:

Omit the definitions of Associate Head of Administration , Head of Administration , public servant and public service .

Part VI:

Repeal the Part.

Section 71:

Repeal the section.

Paragraphs 73(1)(g) and (h):

Omit the paragraphs, substitute:

"(g) an office declared by an enactment to be an office to which this section applies.".

Privacy Act 1988
Subsection 4(1):

After "States", insert "of the Australian Capital Territory,".

Subsection 4(2):

After "State, insert of the Australian Capital Territory,.

Subsection 4(3):

After "State," insert "of the Australian Capital Territory,".

Subsection 6(1) (definition of agency):

(a)
Add at the end of subparagraph (c)(i) "or".
(b)
Omit from subparagraph (c)(ii) "or" (last occurring).
(c)
Omit subparagraph (c)(iii).
(d)
Omit from paragraph (g) "and a court of the Australian Capital Territory".

Subsection 6(1) (definition of Commonwealth enactment):

After subparagraph (a)(ii) insert the following word and subparagraph:

"or (iii) the Australian Capital Territory (Self-Government) Act 1988 ;".

Subsection 6 (1) (definition of Commonwealth officer):

After "temporarily employed in" insert "the Australian Capital Territory Government Service or in".

Subsection 6 (1) (definition of State):

After "includes" insert "the Australian Capital Territory and".

Subsection 6(1):

Insert the following definition:

" ACT enactment has the same meaning as enactment has in the Australian Capital Territory (Self-Government) Act 1988 .

After subsection 6(1):

Insert the following subsection:

"(1A) In order to avoid doubt, it is declared that an ACT enactment is not a Commonwealth enactment for the purposes of this Act.".

Subparagraph 7(1)(a)(ii):

Omit "or a court of the Australian Capital Territory".

Paragraph 7(1)(b):

Omit ", a court of the Australian Capital Territory or", substitute "or by".

After paragraph 33(2)(d):

Insert the following paragraph:

"(da) the disclosure of the deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive;".

Section 37:

Omit from Column 1 of Item 4 in the table "or a court of the Australian Capital Territory".

Public Service Act 1922
Subsection 7(1) (definition of Commonwealth authority):

"(a) Omit from paragraph (a) "an enactment within the meaning of the Australian Capital Territory (Self-Government) Act 1988 or a law of the", substitute "a law of the Australian Capital Territory or the".
(b)
In paragraph (b), after "other than" insert "the Australian Capital Territory or".

Paragraph 22B(14)(b):

Omit the paragraph.

Paragraph 22C(13)(b):

Omit the paragraph.

Subsection 87(1) (definition of Commonwealth authority):

In paragraph (a), after "not being" insert "the Australian Capital Territory or".

Subsection 87(1) (definition of Commonwealth office):

In paragraph (a), after "other than" insert "the Australian Capital Territory or".

Subsection 87(1) (definition of public authority):

In paragraph (c), after "a State," insert "of the Australian Capital Territory,".

Subsection 87 (1) (definition of public office):

(a)
After subparagraph (b)(i) insert the following subparagraph:
"(ia) by the Australian Capital Territory Executive or by the Chief Minister or a Minister for the Australian Capital Territory; or".
(b)
After "in the public service of a State" insert ",of the Australian Capital Territory".

Paragraph 87(2)(a):

After "other than" insert "the Australian Capital Territory or".

Paragraph 87(2)(c):

Omit the paragraph.

Paragraph 87(2)(j):

After other than insert the Australian Capital Territory or.

Paragraph 87(2)(jb):

Add at the end or.

Paragraph 87(2)(k):

Omit the paragraph.

Paragraph 87(3)(aa):

Omit the paragraph.

Paragraph 87(3)(b):

After "office or appointment in" insert "the Australian Capital Territory Government Service or".

After subparagraph 87(3)(b)(i):

Insert the following subparagraph:

"(ia) by the Australian Capital Territory Executive or by the Chief Minister or a Minister for the Australian Capital Territory; or".

Subsection 87J(1) (definition of Territory):

After "include" insert "the Australian Capital Territory or".

Paragraph 87J(2)(a):

Omit the paragraph.

Paragraph 87J(2A)(a):

After "including" insert "the Australian Capital Territory and".

Paragraph 87J(2A)(b):

After "including" insert "the Australian Capital Territory Executive and".

Paragraph 87J(2A)(c):

After "including" insert "a Minister for the Australian Capital Territory and".

Paragraph 87J(2A)(d):

After "including" insert "the Chief Minister for the Australian Capital Territory and".

Subparagraph 87ZE(4)(a)(i):

After "State" insert "or of the Legislative Assembly for the Australian Capital Territory".

Subparagraph 87ZE(5)(a)(i):

After "State" insert :or of the Legislative Assembly for the Australian Capital Territory".

Superannuation Act 1976
After subsection 58(3A):

Insert the following subsection:

"(3B) The termination, under the Public Sector Management Act 1994 of the Australian Capital Territory, of an appointment made under that Act is not to be taken to be the termination of the appointment for the purposes of paragraph (3)(b) of this section if:

(a)
the appointment was made on probation; and
(b)
the appointment had not been confirmed when the termination was effected.".


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