SERVICES AUSTRALIA GOVERNANCE AMENDMENT ACT 2020 (NO. 104, 2020) - SCHEDULE 2 Other amendments relating to Services Australia
SERVICES AUSTRALIA GOVERNANCE AMENDMENT ACT 2020 (NO. 104, 2020) - SCHEDULE 2
Other amendments relating to Services Australia
Child Support (Registration and Collection) Act 1988
1 Subsections 10(2) to (4)
Repeal the subsections, substitute:
(2) The Child Support Registrar is to be:
(a) the Chief Executive Officer of Services Australia; or
(b) if that position ceases to exist--a person appointed as the Child Support Registrar by the Governor-General by written instrument.
Note: If the Child Support Registrar is appointed under paragraph (b), the Child Support Registrar may be reappointed: see section 33AA of the Acts Interpretation Act 1901 .
2 Section 10A
Repeal the section, substitute:
10A Acting Child Support Registrar
(1) The acting Chief Executive Officer of Services Australia is to act as the Child Support Registrar:
(a) during a vacancy in the position of Child Support Registrar (whether or not an appointment has previously been made to the position); or
(b) during any period, or during all periods, when the Child Support Registrar:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the position.
Note: For rules that apply to persons acting as the Child Support Registrar, see section 33A of the Acts Interpretation Act 1901 .
(2) However, if the position of Chief Executive Officer of Services Australia has ceased to exist, the Secretary may, in writing, appoint a person to act as the Child Support Registrar for the purposes of subsection (1).
Human Services (Centrelink) Act 1997
3 Subsections 7(2) to (4)
Repeal the subsections, substitute:
(2) The Chief Executive Centrelink is to be:
(a) the Chief Executive Officer of Services Australia; or
(b) if that position ceases to exist--a person appointed as the Chief Executive Centrelink by the Governor-General by written instrument.
Note: If the Chief Executive Centrelink is appointed under paragraph (b), the Chief Executive Centrelink may be reappointed: see section 33AA of the Acts Interpretation Act 1901 .
4 Section 7A
Repeal the section, substitute:
7A Acting Chief Executive Centrelink
(1) The acting Chief Executive Officer of Services Australia is to act as the Chief Executive Centrelink:
(a) during a vacancy in the position of Chief Executive Centrelink (whether or not an appointment has previously been made to the position); or
(b) during any period, or during all periods, when the Chief Executive Centrelink:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the position.
Note: For rules that apply to persons acting as the Chief Executive Centrelink, see section 33A of the Acts Interpretation Act 1901 .
(2) However, if the position of Chief Executive Officer of Services Australia has ceased to exist, the Secretary of the Department may, in writing, appoint a person to act as the Chief Executive Centrelink for the purposes of subsection (1).
5 Subsection 12(4)
After "that Act", insert "or with the directions given by the person who delegated the function".
6 Subsection 12(5)
Repeal the subsection, substitute:
(5) In performing functions delegated to the Chief Executive Centrelink under another Act, the Chief Executive Centrelink, and any person to whom the function is subdelegated under subsection (3), must comply with any directions of the person who delegated the function.
(6) In performing functions delegated or subdelegated under this section, the delegate or subdelegate must comply with any directions of the Chief Executive Centrelink.
(7) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.
Human Services (Medicare) Act 1973
7 Subsections 4(2) to (4)
Repeal the subsections, substitute:
(2) The Chief Executive Medicare is to be:
(a) the Chief Executive Officer of Services Australia; or
(b) if that position ceases to exist--a person appointed as the Chief Executive Medicare by the Governor-General by written instrument.
8 Section 4A
Repeal the section, substitute:
4A Acting Chief Executive Medicare
(1) The acting Chief Executive Officer of Services Australia is to act as the Chief Executive Medicare:
(a) during a vacancy in the position of Chief Executive Medicare (whether or not an appointment has previously been made to the position); or
(b) during any period, or during all periods, when the Chief Executive Medicare:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the position.
Note: For rules that apply to persons acting as the Chief Executive Medicare, see section 33A of the Acts Interpretation Act 1901 .
(2) However, if the position of Chief Executive Officer of Services Australia has ceased to exist, the Secretary of the Department may, in writing, appoint a person to act as the Chief Executive Medicare for the purposes of subsection (1).
9 Subsection 8AC(4)
After "that Act", insert "or with the directions given by the person who delegated the function".
10 Subsection 8AC(5)
Repeal the subsection, substitute:
(5) In performing functions delegated to the Chief Executive Medicare under another Act, the Chief Executive Medicare, and any person to whom the function is subdelegated under subsection (3), must comply with any directions of the person who delegated the function.
(6) In performing functions delegated or subdelegated under this section, the delegate or subdelegate must comply with any directions of the Chief Executive Medicare.
(7) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.