PUBLIC SERVICE REGULATIONS (AMENDMENT) 1994 NO. 291

PUBLIC SERVICE REGULATIONS (AMENDMENT) 1994 NO. 291

STATUTORY RULES 1994 No. 291

Issued by the authority of the Prime Minister

Public Service Act 1922

Public Service Regulations (Amendment)

Paragraph 97(1)(aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.

Part IV of the Act deals with the rights of officers of the Australian Public Service (APS) who become employed by the Commonwealth outside the provisions of the Act in Commonwealth authorities, public offices etc. or by certain non-Commonwealth bodies.

APS officers who become the holders of "public offices", as defined in Part IV of the Act, are covered by that Part.

The definition of "public office" in subsection 87(1) of the Act includes at paragraph (c) an "office or appointment ... included in a class of offices or appointments prescribed ... for the purposes of this paragraph".

Section 87B of the Act provides so far as is relevant that regulations shall not be made for the purposes of the definition of "public office" in subsection 87(1) unless the Public Service Commissioner and the Minister for Finance are satisfied about certain terms and conditions of employment and superannuation arrangements. respectively, that will apply to a relevant public officer.

Regulation 171A of the Public Service Regulations provides that for the purposes of paragraph (c) of the definition of "public office" referred to above, an office or appointment specified in Schedule 3C of those Regulations is prescribed.

These Regulations give Part IV coverage to a public servant who becomes the Chief Executive Officer of the National Registration Authority for Agricultural and Veterinary Chemicals (CEO), an office established under subsection 33(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

Regulation 1 of the Regulations is a formal provision.

Regulation 2 adds the office of CEO to Schedule 3C of the Public Service Regulations.

Officers of the Department of Industrial Relations and the Department of Finance (who have been delegated the powers under section 87B of the Act of the Public Service Commissioner and the Minister for Finance respectively) have declared themselves to be satisfied as required by section 87B.

The Regulations commence on gazettal.