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PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) AMENDMENT ACT 1999 - SECT 4

Interpretation

In this Part, unless the contrary intention appears:

"Agency "means an Agency within the meaning of the new Act.

"Agency Head "means an Agency Head within the meaning of the new Act.

"APS employee "means an APS employee within the meaning of the new Act.

"classification" includes a level.

"Code of Conduct" means the Code of Conduct within the meaning of the new Act.

"continuing employee" means a person who was a continuing employee for the purposes of Division 10 of Part III of the old Act immediately before the commencing time.

"continuing SES officer" means an SES officer under the old Act, other than a fixed-term SES officer.

"core Department" means a Department as defined in subsection 25(9) of the old Act.

"corresponding Agency" means:

(a)
for an unattached officer under the old Act who was included in an old Act Department under subsection 33C(2) of the old Act immediately before the commencing time:
(i)
the Agency that corresponds to that Department; or
(ii)
if that Department no longer existed immediately before the commencing time—the Agency that corresponds to the old Act Department that was responsible, immediately before the commencing time, for the matter to which the officer's duties related, or mainly related, at the time when the officer last became an unattached officer; and
(b)
for an officer under the old Act (other than an unattached officer)—the Agency that corresponds to the old Act Department in which the officer was an officer immediately before the commencing time; and
(c)
for an employee under the old Act—the Agency that corresponds to the old Act Department in which the employee was an employee immediately before the commencing time.
"disciplinary direction" means a direction under section 62, 63, 63K, 63L or 63M of the old Act (including those sections as applied by regulations made for the purposes of section 63T of the old Act).

"eligible public employment" means eligible public employment within the meaning of Part IV of the old Act.

"first-tier person" means:

(a)
a person to whom Division 2 of Part IV of the old Act applied immediately before the commencing time; and
(b)
a person to whom the Officers' Rights Declaration Act 1928 applied immediately before the commencing time because of section 87TA of the old Act.
"fixed-term Secretary" means a Secretary of a core Department who holds office on a fixed-term basis.

"fixed-term SES officer" means a person who held an appointment under section 44 of the old Act immediately before the commencing time.

"locally engaged employee" means a person engaged under section 74 of the new Act.

"Merit Protection Act" means the Merit Protection (Australian Government Employees) Act 1984.

"modifications" includes additions, omissions and substitutions.

"new Act" means the Public Service Act 1999.

"new Act Department "means a Department within the meaning of the new Act.

"new Act Secretary "means a Secretary within the meaning of the new Act.

"non-SES officer" means an officer under the old Act, other than an SES officer.

"old Act" means the Public Service Act 1922 .

"old Act Department" means a Department within the meaning of the old Act.

"old Act employee" means an employee within the meaning of the old Act.

"old Act officer" means an officer within the meaning of the old Act.

"overseas engaged employee" means a person engaged under section 82AF of the old Act.

"Parliamentary Department" means a Parliamentary Department within the meaning of section 9B of the old Act.

"pre-commencement misconduct" means conduct of an old Act officer or old Act employee before the commencing time that was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act.

"second-tier person" means:

(a)
a person to whom Division 3 of Part IV of the old Act applied immediately before the commencing time; or
(b)
a person who becomes a second-tier person under subsection 6(6) of this Act.
"Statutory Agency" means a Statutory Agency within the meaning of the new Act.

"statutory instrument" means:

(a)
a law of the Commonwealth (other than the new Act); or
(b)
a law of a Territory; or
(c)
an instrument having effect under a law covered by paragraph (a) or (b).
"term employee" means a person who, immediately before the commencing time, was:

(a)
a short-term or fixed-term employee for the purposes of Division 10 of Part III of the old Act; or
(b)
a person employed under section 82AG of the old Act.
transitional 82D determination means a determination under section 82D of the old Act that is in force immediately before the commencing time, subject to any amendments that are prescribed by the regulations under this Act.

"transitional period", in relation to a first-tier person, means the period that starts at the commencing time and ends at the earliest of the following times:

(a)
the period prescribed by the regulations for the purposes of this paragraph;
(b)
the time when the person ceases to be engaged in eligible public employment;
(c)
the time when the person resigns or retires as an APS employee;
(d)
the end of the relevant period (as defined in subsection 87D(5) of the old Act).
"unattached Secretary" has the same meaning as in the old Act.


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