Commonwealth Numbered Acts

PUBLIC SERVICE ACTS AMENDMENT ACT 1982 No. 111, 1982 - SECT 5

5. (1) Section 9 of the Principal Act is amended-

(a) by omitting from paragraph (1) (a) ''all appointments or promotions of
officers of the Department'' and substituting ''the appointment of a person to
the office of Clerk'';

(b) by omitting from paragraph (1) (b) ''all appointments or promotions of
officers of the Department'' and substituting ''the appointment of a person to
the office of Clerk'';

   (c)  by omitting from paragraph (1) (c) ''all appointments or promotions of
        officers of the Department of the Parliamentary Library, the
        Department of the Parliamentary Reporting Staff or'' and substituting
        ''the appointment of a person to the office of Parliamentary
        Librarian, Principal Parliamentary Reporter or Secretary to'';

   (d)  by omitting sub-section (2) and substituting the following
        sub-sections:

''(2) Notwithstanding anything contained in this Act-

   (a)  the President of the Senate may appoint persons, or promote officers,
        to offices in the Department of the Senate (other than the office of
        Clerk of the Senate);

   (b)  the Speaker may appoint persons, or promote officers, to offices in
        the Department of the House of Representatives (other than the office
        of Clerk of the House of Representatives); and

   (c)  the President and the Speaker may appoint persons, or promote
        officers, to offices in the Department of the Parliamentary Library,
        the Department of the Parliamentary Reporting Staff or the Joint House
        Department (other than the offices of Parliamentary Librarian,
        Principal Parliamentary Reporter and Secretary to the Joint House
        Department).

''(2AA) Subject to this section, unless inconsistent with the context, any
action or approval required or authorized by this Act, the regulations or any
determinations in force under section 82D to be taken or given by the Board
shall or may, so far as officers and offices of the Parliament are concerned,
be taken or given by the President or the Speaker, or the President and the
Speaker, as the case may be, in substitution for the Board and any action
(other than an action referred to in sub-section (2)) required or authorized
by this Act, the regulations or any determination in force under section 82D
to be taken by a Permanent Head or Chief Officer shall or may be taken-

   (a)  in relation to officers of, and offices in, the Department of the
        Senate-by the Clerk of the Senate;

   (b)  in relation to officers of, and offices in, the Department of the
        House of Representatives-by the Clerk of the House of Representatives;

   (c)  in relation to officers of, and offices in, the Department of the
        Parliamentary Library-by the Parliamentary Librarian;

   (d)  in relation to officers of, and offices in, the Department of the
        Parliamentary Reporting Staff-by the Principal Parliamentary Reporter;
        and

   (e)  in relation to officers of, and offices in, the Joint House
        Department-by the Secretary to the Joint House Department.'';

(e) by inserting ''or authorized'' after ''required'' in paragraph (2A) (a);

(f) by inserting ''shall or'' before ''may'' (first occurring) in paragraph
(2A) (a);

(g) by omitting from paragraph (2A) (b) ''Secretary of'' and substituting
''Secretary to'';

   (h)  by omitting sub-section (5);

   (j)  by omitting from paragraph (8) (a) ''and''; and

   (k)  by inserting after paragraph (8) (a) the following paragraph:

''(aa) a reference to offices of the Parliament shall be read as a reference
to offices in the Department of the Senate, the Department of the House of
Representatives, the Department of the Parliamentary Library, the Department
of the Parliamentary Reporting Staff or the Joint House Department; and''.

(2) All offices that, immediately before the date of commencement of this
section, were offices in the Department of the Senate, the Department of the
House of Representatives, the Department of the Parliamentary Library, the
Department of the Parliamentary Reporting Staff or the Joint House Department
shall, on and after that date, continue to be offices in that Department
having the same designation and classification as they had immediately before
that date as if they had been validly created under and in accordance with
sub-section 9A (1), (2) or (3) of the Principal Act as amended by this Act and
persons occupying those offices immediately before that date shall be
entitled, on and after that date, to continue to occupy those offices as if
they had been validly appointed, promoted or transferred, as the case may be,
to those offices under and in accordance with sub-section 9 (1) or (2) of the
Principal Act as amended by this Act.