Commonwealth Numbered Acts

PUBLIC SERVICE LEGISLATION (STREAMLINING) ACT 1986 No. 153, 1986 - SECT 89

89. Section 82D of the Principal Act is amended-

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

"(2) Subject to paragraph (3) (b), where a determination under this section is
inconsistent with-

   (a)  a provision of this Act or the regulations;

   (b)  a provision of, or a determination under, the Remuneration Tribunals
        Act 1973; or

   (c)  a provision of another Act,
(whether enacted or made before or after the commencement of this Division),
the provision or determination referred to in paragraph (a), (b) or (c)
prevails and the determination under this section is, to the extent of the
inconsistency, of no effect.";

   (b)  by inserting after sub-paragraph (4)(a)(iv) the following
        sub-paragraph:

"(iva) the reckoning as service in the Service, for specified purposes of this
Act or any other Act other than the Superannuation Act 1976, of the period
between the resignation of an officer or employee as mentioned in
sub-paragraph 47C (1) (a) (i) or 82B (1) (a) (i) and the re-appointment or
employment of the officer or employee under sub-section 47C (1) or 82B (1), as
the case may be;";

   (c)  by inserting after sub-paragraph (4)(a)(vi) the following
        sub-paragraph:

"(via) the payment of the whole or part of an officer's salary during a period
while the officer is suspended, imprisoned or in custody;";

   (d)  by omitting sub-paragraphs (4) (a) (xii) and (xiii) and substituting
        the following sub-paragraph:

"(xii) the provision of benefits to officers whose salary would, but for the
determination, be reduced by reason of action taken under Division 8A, 8B or
8C of Part III or to persons who cease to be officers or cease to perform
duties in the Service by reason of action taken, or retirement in accordance
with, a provision of one of those Divisions; and"; and

   (e)  by omitting sub-sections (10) and (11) and substituting the following
        sub-sections:

"(10) The determinations made in each calendar year (including determinations
amending or revoking other determinations) shall, subject to sub-section
(10A), be numbered in regular arithmetical series, beginning with the number
1, as nearly as possible in the order in which they are made.

"(10A) The Board may, if it thinks fit, number determinations relating to
different subject matters in separate regular arithmetical series, each
beginning with the number 1.

"(11) A determination may, without prejudice to any other manner of citation,
be cited by reference to its number and the calendar year in which it was
made.".