Commonwealth Consolidated Acts

PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) AMENDMENT ACT 1999 - SECT 14

(1)

The Governor-General may make regulations prescribing matters:

(a)

required or permitted by this Act to be prescribed; or

(b)

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)

The following subsections do not, by implication, limit subsection (1).

(3)

Regulations may be made:

(a)

in relation to the continuation of the following things under the old Act or the Merit Protection Act, and their effects under the new Act:

(i)

processes relating to appointment, re-instatement, transfer, promotion, advancement, classification or retirement;

(ii)

inquiries into pre-commencement misconduct for which a person was charged under the old Act before the commencing time;

(iii)

appeals against disciplinary directions;

(iv)

the performance of functions under Subdivision FA of Division 2 of Part II of the Merit Protection Act;

(v)

the review of decisions under Division 3 of Part II of the Merit Protection Act;

(vi)

the investigation of grievances under Division 4 of Part II of the Merit Protection Act; and

(b)

in relation to the continuation under the new Act of suspensions that were in force under the old Act immediately before the commencing time; and

(c)

in relation to:

(i)

the review of decisions made under the old Act before the commencing time; and

(ii)

the effects, under the new Act, of those reviews; and

(iii)

the powers available to a person or body conducting such a review; and

(d)

providing for the powers available to a person conducting a review referred to in paragraph (c); and

(e)

in relation to arrangements, agreements and other things under Division 9 of Part III of the old Act; and

(f)

for other matters of a transitional or saving nature arising from:

(i)

the repeal of the old Act or the Merit Protection Act; or

(ii)

the transition from the old Act to the new Act;

including such matters arising from the amendments made by a Schedule to this Act or from amendments made by regulations under this section.

(4)

Regulations made under subsection (3):

(a)

may provide for the old Act or the Merit Protection Act to continue in force for the purposes of the regulations, even though those Acts are repealed by this Act; and

(b)

prevail over the old Act, the new Act, the Merit Protection Act and section 13 of this Act, to the extent of any inconsistency.

(5)

The regulations may:

(a)

amend other Acts, by making amendments of a kind that are consequential on the repeal of the old Act and its replacement by the new Act; and

(b)

make provision of a transitional or saving nature in relation to amendments made under paragraph (a).

(6)

For the purposes of the Amendments Incorporation Act 1905 , amendments made by regulations under paragraph (5)(a) are to be treated as if they had been made by an Act.

(7)

Regulations made under this section within one year after the commencement of this section may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this section.

(8)

This section does not, by implication, limit any other section of this Act that provides for the making of regulations.