38. Section 50 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (2) and substituting the following sub-section:

“(1) The Secretary of a Department shall not, except in prescribed circumstances, fill, by promotion, a vacant office in the Department (other than an office of Secretary or a Senior Executive Service office) unless the Secretary has caused notification of the vacancy to be given in the Gazette”;

(b) by omitting from sub-sections (3) and (4) “vacancy” (wherever occurring) and substituting “vacant office”; and

(c) by omitting sub-section (6).

40. Section 50b of the Principal Act is amended—

(a) by inserting in sub-section (1) “, subject to sub-sections (1a) and (1b),” after “may”; and

(b) by inserting after sub-section (1) the following sub-sections:

“(1a) Except in prescribed circumstances, an officer is not entitled to appeal against a particular promotion unless the officer applied for that promotion.

“(1b) An officer is not entitled to appeal against a non-appellable promotion.”.

42. Section 50g of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) Before the promotion or transfer of an officer to a vacant office in a Department takes effect, the Board, or the Secretary of the Department, may cancel the promotion or transfer.”.

43. Section 50h of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) This section applies to an officer who has been told by the relevant Secretary that the relevant Secretary is satisfied that the officer is an excess officer.”; and

(b) by omitting sub-sections (6) and (7) and substituting the following sub-section:

“(6) The making of an appeal under this section or section 50b by an officer to whom this section applies does not affect the operation of Division 8c”.

44. Section 51 of the Principal Act is amended by adding at the end the following sub-sections:

“(3) Where, in the opinion of the Board, it is necessary in the interests of the efficient administration of the Service to do so (including in a case to which the Secretary of each of the Departments concerned—section 76w applies), the Board may, after consulting with

(a) transfer an officer who holds an office, or is included, in a Department—

(i) to a specified office in another Department; or

(ii) to another Department as an unattached officer; or

(b) direct that an employee who is employed in a particular capacity in a Department be employed in an equivalent capacity in another Department.

“(4) Notwithstanding sections 49d and 50e, a transfer under paragraph (3) (a) takes effect as specified by the Board.”.

Officer may apply to decline transfer within Department, &c.

46. Section 53 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) Where—

(a) in circumstances specified in a notification under paragraph 33a (1) (e) in relation to a class of offices, there is a vacancy in an office or offices included in that class; and

(b) an examination is specified in a notification under paragraph 33a (1) (da) in relation to that class of offices,

then, if the Secretary of the Department in which the vacant office exists or the vacant offices exist—

(c) if only one officer has passed the examination and is otherwise eligible for transfer or promotion to that office—transfers or promotes that officer to that office or to one of those offices; or

(d) if 2 or more officers have passed the examination and are otherwise eligible for transfer or promotion to that office or those offices—transfers or promotes those officers to that office or those offices in accordance with the order of merit in which they passed the examination,

the transfer or promotion, or each of the transfers or promotions, shall be deemed not to have been made under section 50 but to have been made under this section.”;

(b) by omitting sub-section (2); and

(c) by omitting sub-section (4) and substituting the following sub-section:

“(4) In this section—

(a) ‘examination’ includes a test; and

(b) a reference to passing an examination includes a reference to completing satisfactorily any task required to be performed for the purposes of assessment.”.

47. Section 53a of the Principal Act is amended by omitting from sub-section (8) “the Permanent Head” and substituting “a Secretary”.

48. Section 55 of the Principal Act is amended by omitting from sub-section (1) the definition of “Chief Officer”.

49. Section 56 of the Principal Act is amended by inserting after paragraph (e) the following paragraph:

“(ea) the officer engages in conduct (including patronage, favouritism or discrimination) in breach of section 33;”.

Disciplinary action

52. Section 63 of the Principal Act is amended by omitting from sub-sections (1) and (4) “Chief Officer” (wherever occurring) and substituting “relevant Secretary”.

53. Section 63b of the Principal Act is amended—

(a) by omitting from sub-section (1) “Chief Officer” (wherever occurring) and substituting “relevant Secretary”; and

(b) by inserting after sub-section (1) the following sub-section:

“(1a) The relevant Secretary shall not suspend an officer under paragraph (1) (d) without first giving the officer an opportunity to be heard unless, in the opinion of the relevant Secretary, it would not be appropriate in the particular circumstances to give the officer such an opportunity.”.

54. Section 63c of the Principal Act is amended—

(a) by omitting paragraph (2) (a) and substituting the following paragraph:

“(a) the relevant Secretary may—

(i) at any time, upon application by the officer or otherwise, remove the suspension; or

(ii) if the relevant Secretary is satisfied that the officer is suffering or has suffered hardship—subject to any determination under section 82d, direct that the officer be paid the whole or part of the officer’s salary for the whole or part of the period of the officer’s suspension; and”;

(b) by omitting from paragraph (2) (b) and sub-sections (3), (4), (6), (7) and (8) “Chief Officer” (wherever occurring) and substituting “relevant Secretary”; and

(c) by omitting from paragraph (6) (b) “the” (first occurring) and substituting “an”.

Appeals

56. Section 63h of the Principal Act is repealed.

57. Section 63r of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

“(2) Where an officer is imprisoned by reason of having been convicted of an offence or is in custody awaiting trial for an offence, the relevant Secretary or, in the case of an officer referred to in Subdivision B, the Board may, subject to any determination under section 82d, if the relevant Secretary or the Board, as the case may be, is satisfied that the officer is suffering or has suffered hardship, direct, notwithstanding sub-section (1), that the officer be paid the whole or part of the officer’s salary for the whole or part of that period of imprisonment or custody.”.

58. Section 63s of the Principal Act is amended by omitting from sub-paragraph (4) (b) (ii) “$40” and substituting “$500”.

59. Section 63u of the Principal Act is repealed.

60. Section 64 of the Principal Act is amended by omitting “Chief Officer” from the definition of “Paying Officer” in sub-section (18) and substituting “Secretary”.

61. Section 66a of the Principal Act is amended—

(a) by omitting from sub-section (1) “prepaid registered post” and substituting “security post”; and

(b) by omitting from sub-sections (3) and (5) “pre-paid registered post” and substituting “security post”.

63. Section 68 of the Principal Act is amended by omitting from sub-section (1) and paragraph (7) (b) “Chief Officer” and substituting “relevant Secretary”.

64. Section 68b of the Principal Act is amended by omitting from sub-sections (2) and (3) “Chief Officer” and substituting “relevant Secretary”.

65. Section 68c of the Principal Act is amended by omitting from sub-sections (2), (3) and (4) “Chief Officer” (wherever occurring) and substituting “relevant Secretary”.

66. Section 70 of the Principal Act is amended—

(a) by omitting from sub-section (1) “Chief Officer” and substituting “relevant Secretary”; and

(b) by omitting from sub-section (4) “a Chief Officer” and substituting “the relevant Secretary”.

67. Section 71 of the Principal Act is amended—

(a) by omitting from sub-section (1) “Chief Officer” and substituting “relevant Secretary”; and

(b) by omitting from sub-paragraph (4) (c) (ii) “Chief Officers” and substituting “Secretaries”.

Repeal of section 75 a

69. Section 76e of the Principal Act is amended by omitting from sub-section (3) “Chairman” and substituting “Head of the Public Service Board”.

70. After section 76f of the Principal Act the following section is inserted:

Special benefits available to retiring unattached Secretaries

“76fa. (1) The Board may give notice in writing to an unattached Secretary that if the unattached Secretary retires from the Service within the period specified in the notice he or she will be entitled to a specified benefit in accordance with a determination under section 82d.

“(2) Where notice is given to an unattached Secretary under sub-section (1)—

(a) the unattached Secretary may retire from the Service within the period specified in the notice notwithstanding that he or she is not entitled to retire from the Service under section 76b; and

(b) if the unattached Secretary retires from the Service within the period specified in the notice—

(i) he or she becomes entitled to the benefit specified in the notice; and

(ii) he or she shall be deemed for all purposes to have been compulsorily retired from the Service.

“(3) In this section, ‘unattached Secretary’ does not include an unattached Secretary who, immediately before becoming an unattached Secretary, held an office of Secretary in relation to which section 9 applied.”.

71. Section 76h of the Principal Act is repealed and the following section is substituted:

Interpretation

“76h. In this Division, ‘Appeal Committee’ means a Redeployment and Retirement Appeal Committee constituted under Subdivision D of Division 2 of Part II of the Merit Protection Act.”.

72. Section 76k of the Principal Act is repealed.

73. Section 76l of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) Where, in relation to a Senior Executive Service officer of a particular classification, the Board, after having taken reasonable steps to identify Senior Executive Service offices—

(a) that are of the same or equal classification;

(b) to which the officer could be transferred or the duties of which the officer could be directed to perform; and

(c) the duties of which the officer could, in the opinion of the Board, perform efficiently,

is satisfied that the services of the officer cannot reasonably be used in the Service in the performance of the duties of, or duties appropriate to, a Senior Executive Service office of the same or equal classification, the Board may give notice to the officer under sub-section (3).”;

(b) by omitting from sub-section (2) “can or could, within a reasonable time,” and substituting “could”;

(c) by omitting paragraphs (3) (a) and (b) and substituting the following paragraphs:

“(a) the officer is assigned to a specified office of a lower classification;

(b) the officer is to become an unattached officer of a lower classification or, being an unattached officer, is to have a lower classification; or

(c) the officer is to be retired from the Service.”;

(d) by omitting sub-sections (7) and (8) and substituting the following sub-section:

“(7) A notice given to an officer under sub-section (3) takes effect as provided by the regulations.”;

(e) by omitting from sub-section (10) “, sub-section (6) and paragraphs (7) (c) and (8) (b)” and substituting “and sub-section (6)”; and

(f) by omitting from sub-section (10) “paragraph (1) (a)” and substituting “sub-section (1)”.

74. Section 76m of the Principal Act is amended by omitting sub-sections (1) and (2).

75. Section 76n of the Principal Act is amended by omitting from sub-section (1) “a declared officer should, in consequence” and substituting “an officer should, because”.

76. Section 76p of the Principal Act is repealed and the following section is substituted:

Unattachment of Senior Executive Service officers

“76p. (1) Where an authorised medical practitioner has recommended that an officer should, because of physical or mental incapacity, be redeployed to perform other duties or retired from the Service, the Board may, by instrument in writing, declare that the officer shall, on a specified day, become an unattached officer and, if the Board does so, the office held by the officer becomes vacant on that day.

“(2) As soon as practicable after a declaration is made under sub-section (1) in respect of an officer, a copy of the instrument of declaration shall be given to the officer.”.

77. Section 76q of the Principal Act is repealed.

78. After Division 8b of Part III of the Principal Act the following Division is inserted:

“Division 8c—Redeployment and retirement of officers other than Secretaries of Departments and Senior Executive Service officers

Interpretation

“76s. (1) In this Division, unless the contrary intention appears—

‘Appeal Committee’ means a Redeployment and Retirement Appeal Committee constituted under Subdivision D of Division 2 of Part II of the Merit Protection Act;

‘continuing employee’ has the same meaning as in Division 10;

‘excess officer’ includes a person who would be an excess officer as defined in sub-section 7 (3) if references in that sub-section to officers included references to persons who are officers within the meaning of this Division;

‘fixed-term employee’ has the same meaning as in Division 10;

‘officer’ means an officer, other than a Secretary, an unattached Secretary or a Senior Executive Service officer, and includes a continuing employee who has been an employee for more than one year, but does not include an officer whose appointment to the Service on probation has not been confirmed;

‘overseas employee’ has the same meaning as in Division 10;

‘short-term employee’ has the same meaning as in Division 10.

“(2) For the purposes of this Division, an officer is inefficient if and only if the officer fails, in the performance of the duties that he or she is required to perform, to attain or sustain a standard of efficiency that a person may reasonably be expected to attain or sustain in the performance of those duties.

“(3) Without limiting the generality of the matters to which regard may be had for the purpose of determining whether an officer has failed, in the performance of the duties that he or she is required to perform, to attain or sustain the standard of efficiency referred to in sub-section (2)—

(a) regard shall be had to—

(i) any written selection criteria or job specifications applicable to those duties;

(ii) any duty statement describing those duties; and

(iii) any written work standards or instructions relating to the manner of performance of those duties; and

(b) regard may be had to—

(i) any written selection criteria or job specifications applicable to similar duties;

(ii) any duty statements describing similar duties; and

(iii) any written work standards or instructions relating to the manner of performance of similar duties.

“(4) A reference in sub-section (3) to similar duties, in relation to an officer holding an office or included in a Department, is a reference to similar duties that other officers of that Department are required to perform.

“(5) For the purposes of this Division, an officer is not qualified to perform his or her duties if and only if, in relation to those duties—

(a) the officer ceases to hold, or becomes unable or ineligible to hold or to use and enjoy, an essential qualification; or

(b) a court, person, authority or body that is competent to do so suspends, cancels, revokes, rescinds or otherwise withdraws an essential qualification held by the officer.

“(6) A reference in sub-section (5) to an essential qualification, in relation to an officer, is a reference to any statutory, professional, academic, commercial, technical, trade, health or other qualification the holding of which is a prerequisite to the practice of a profession, trade or occupation, the exercise of a right or the performance of a function or duty, being a profession, trade, occupation, right, function or duty that it is necessary for that officer to practise, exercise or perform in the course of his or her employment.

Power to reduce officer’s classification

“76t. (1) The power conferred by this Division on a Secretary to reduce an officer’s classification is a power—

(a) in the case of a person who holds an office, or is included, in the Secretary’s Department—to assign the person to an office of a lower classification in the Department; or

(b) in the case of a continuing employee employed in a particular capacity in the Secretary’s Department—to employ the employee in a lower capacity in the Department.

“(2) The power conferred by this Division on the Board to reduce an officer’s classification is a power—

(a) in the case of a person who holds an office, or is included, in a Department—

(i) to assign the person to an office of a lower classification in that or another Department; or

(ii) to declare the person to be an unattached officer of a lower classification or, being an unattached officer, to have a lower classification and, in either case, to direct that the person is included in that or another Department; or

(b) in the case of a continuing employee employed in a particular capacity in a Department—to direct that the employee be employed in a lower capacity in that or another Department.

Retirement upon or after attaining minimum retiring age

“76u. (1) An officer who has attained the minimum retiring age is entitled to retire from the Service at any time at which the officer desires to do so.

“(2) In sub-section (1)—

‘minimum retiring age’, in relation to an officer, means—

(a) if the officer is included in a class of officers in respect of whom the minimum retiring age is fixed by the regulations—the age so fixed; or

(b) in the case of any other officer—the age of 55 years;

‘officer’ includes—

(a) an officer whose appointment to the Service on probation has not been confirmed; and

(b) a short-term employee, a fixed-term employee or an overseas employee.

Retirement on ground of age

“76v. (1) Subject to sub-section (2), an officer shall, by force of this sub-section, be retired from the Service upon attaining the maximum retiring age.

“(2) Where the relevant Secretary is of the opinion that it is desirable, in the interests of the Commonwealth, that an officer who has not attained the maximum retiring age should continue, after attaining that age, in employment, and the officer is able and willing so to continue, the relevant Secretary may determine, in writing, that sub-section (1) does not apply to the officer.

“(3) The relevant Secretary may, at the time of making, or at any time after making, a determination under sub-section (2) in respect of an officer, determine that the officer shall retire from the Service upon attaining a specified age or upon the expiration of a specified period and, where such a determination is made, the relevant Secretary may, at any time before the officer attains that age or before the expiration of the period so determined, vary the determination.

“(4) In this section—

‘maximum retiring age’, in relation to an officer, means—

(a) if the officer is included in a class of officers in respect of whom a maximum retiring age, being an age less than 65 years, is fixed by the regulations—the age so fixed; or

(b) in the case of any other officer—the age of 65 years;

‘officer’ includes—

(a) an officer whose appointment to the Service on probation has not been confirmed; and

(b) a short-term employee, a fixed-term employee or an overseas employee.

Powers of Secretary and Board

“76w. (1) Where the relevant Secretary is satisfied of a relevant matter in relation to an officer, the relevant Secretary may, having considered whether it would be in the interests of the efficient administration of the Secretary’s Department to transfer the officer under section 50, subject to sub-section (2), by notice in writing given to the officer, reduce the officer’s classification or retire the officer from the Service.

“(2) Where—

(a) a Secretary—

(i) has been unable to find alternative suitable employment for an excess officer in the Secretary’s Department; and

(ii) proposes to exercise the power under sub-section (1) in relation to the officer; and

(b) the officer has not consented to the exercise of that power,

the Board shall take such action as is reasonable to find alternative suitable employment for the officer in the Service, and the Secretary shall not exercise the power under sub-section (1) in relation to the officer unless the Board is satisfied that it would not be in the interests of the efficient administration of the Service to transfer the officer under section 51 to another Department.

“(3) Where the Board is—

(a) satisfied of a relevant matter in relation to an officer; and

(b) satisfied that it would be in the interests of the efficient administration of the Service to do so,

the Board may, having considered whether it would be in the interests of the efficient administration of the Service to transfer the officer under section 51, by notice in writing given to the officer, reduce the officer’s classification.

“(4) The powers conferred on a Secretary or the Board by this section are subject to any applicable industrial award.

“(5) A notice given to an officer under this section takes effect as provided by the regulations.

“(6) In this section, ‘relevant matter’, in relation to an officer, means any of the following matters:

(a) that an officer is unable to perform his or her duties, or other duties appropriate to the officer’s classification, because of physical or mental incapacity;

(b) that an officer is inefficient;

(c) that an officer is not qualified to perform his or her duties;

(d) that an officer is an excess officer.

Board may issue administrative instructions and directions

“76x. (1) The Board may cause to be published in the Gazette written administrative instructions, not inconsistent with this Act, in relation to the exercise of powers conferred on Secretaries by this Division.

“(2) The Board may, by notice in writing, give to a Secretary directions in relation to the exercise of powers conferred on Secretaries by this Division.

“(3) A Secretary exercising, or proposing to exercise, a power conferred by this Division—

(a) shall comply with any administrative instructions expressed to be binding on Secretaries and with any directions given to the Secretary under sub-section (2) that are expressed to be binding; and

(b) shall have regard to any other administrative instructions, and to any other directions given to the Secretary under sub-section (2).

Unattachment of officers

“76y. (1) Where an authorised medical practitioner has recommended that an officer should, because of physical or mental incapacity, be redeployed to perform other duties or retired from the Service, the relevant Secretary may, by instrument in writing, declare that the officer shall, on a specified day, become an unattached officer and, if the relevant Secretary does so, the office held by the officer becomes vacant on that day.

“(2) As soon as practicable after a declaration is made under sub-section (1) in respect of an officer, a copy of the instrument of declaration shall be given to the officer.

Appeals

“76z. (1) An officer to whom a notice under section 76w has been given (not being an officer who, before receiving the notice, consented in writing to the giving of the notice) may, within the prescribed period after receiving the notice, appeal to an Appeal Committee against the giving of the notice, on the ground that the reduction in the officer’s classification, or the retirement of the officer, as the case requires, would be unreasonable.

“(2) Where an officer appeals to an Appeal Committee against the giving of a notice, an Appeal Committee shall hear and determine the appeal and may—

(a) confirm the notice; or

(b) revoke the notice.”.

79. Section 77 of the Principal Act is repealed and the following sections are substituted:

Interpretation

“77. In this Division, ‘State’ includes a Territory.

State officer not disqualified from employment in the Service

“77a. The fact that a person is an officer of the Public Service of a State shall not disqualify the person from also executing the duties of an office in the Australian Public Service.”.

80. Section 78 of the Principal Act is amended—

(a) by omitting “Governor-General” (wherever occurring) and substituting “Prime Minister”; and

(b) by omitting “the Governor in Council” (wherever occurring) and substituting “an appropriate authority”.

81. Section 79 of the Principal Act is repealed.

82. Section 80 of the Principal Act is amended—

(a) by omitting “Governor-General” (wherever occurring) and substituting “Prime Minister”;

(b) by omitting “the Governor in Council” (wherever occurring) and substituting “an appropriate authority”; and

(c) by omitting “a State” (second occurring) and substituting “the State”.

83. Section 81 of the Principal Act is amended—

(a) by omitting “Governor-General” and substituting “Prime Minister”; and

(b) by omitting “the Governor in Council” and substituting “an appropriate authority”.

84. After Division 9 of Part III of the Principal Act the following Division is inserted:

“ Division 9 a — Transfer of persons into or out of the Service

Interpretation

“81a. In this Division, unless the contrary intention appears—

‘officer’ includes an employee;

‘terms and conditions’ includes terms or conditions relating to salary, pay or allowances, appointment on probation, long service leave or other leave, or tenure, but does not include terms or conditions relating to superannuation.

Appointment or employment of persons where functions to be performed by Commonwealth, &c.

“81b. (1) Where the Prime Minister certifies in writing that a function that has been performed otherwise than by persons appointed or employed under this Act is to be performed by persons appointed or employed under this Act, the Board may, notwithstanding any other provision of this Act, appoint to the Service, or direct the employment in the Service of, persons who have been involved in the performance of the function.

“(2) Where the Prime Minister certifies in writing that a function that has been performed on behalf of the Commonwealth or a Commonwealth authority otherwise than by persons appointed or employed under this Act is to be performed on behalf of the Commonwealth or a Commonwealth authority by persons appointed or employed under this Act, the Board may, by declaration in writing published in the Gazette, declare that specified persons or classes of persons who have been involved in the performance of that function are appointed as officers of the Service or employed as employees in the Service.

“(3) Where, after having received a report from the Board, the Prime Minister certifies in writing that it is in the interests of the Commonwealth for specified persons, or a specified class of persons (being persons employed by or on behalf of the Commonwealth otherwise than under this Act, or employed by a Commonwealth authority), to be available for appointment

to or employment in the Service under this section, the Board may, by declaration in writing published in the Gazette, declare that persons specified in the declaration, or included in a class of persons so specified (being some or all of the persons specified, or included in a class of persons specified, in the Prime Minister’s certificate), are appointed as officers of the Service or employed as employees in the Service.

“(4) A declaration under sub-section (2) or (3) has effect according to its terms on and from the day specified in the declaration for the purposes of this sub-section.

“(5) For the purpose of facilitating a transfer of persons into the Service under this section, the Board may, notwithstanding anything in any other provision of this Act or in any other law (other than an industrial award), determine any special terms or conditions of employment that are to apply to the persons.

Transfer of persons where functions to be performed by Commonwealth authority

“81c. (1) Where the Prime Minister certifies in writing that a function that has been performed by persons appointed or employed under this Act is to be performed by a Commonwealth authority, the Board may, by declaration in writing published in the Gazette, declare that specified officers or classes of officers are in the employment of the Commonwealth authority.

“(2) An officer specified, or included in a class of officers specified, in a declaration under sub-section (1)—

(a) on the day specified in the declaration for the purpose of this sub-section, ceases to be an officer; and

(b) from and including that day, is employed by the Commonwealth authority specified in the declaration.

“(3) For the purpose of facilitating a transfer of persons into the employment of a Commonwealth authority, the Commonwealth authority may, notwithstanding anything in any other law (other than an industrial award), determine any special terms or conditions of employment that are to apply to the persons.”.

Repeal of Division 9 f of Part III

86. Section 82ae of the Principal Act is amended—

(a) by adding at the end of sub-paragraph (2) (a) (ii) “or”;

(b) by omitting from the end of paragraph (2) (b) “or”; and

(c) by omitting paragraph (2) (c).

87. Section 82ah of the Principal Act is amended—

(a) by omitting from sub-section (3) “to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 applies” and substituting “who is an officer within the meaning of Division 8c”;

(b) by omitting paragraph (3) (h) and substituting the following paragraph:

“(h) is an employee to whom sub-section (4) applies.”; and

(c) by adding at the end the following sub-section:

“(4) An employee is an employee to whom this sub-section applies if—

(a) a court has, after 15 September 1980, convicted the employee of a criminal offence or found, without recording a conviction, that the employee has committed such an offence; and

(b) the nature and seriousness of the offence, the circumstances in which it was committed and the nature of the employee’s duties are such that it is in the interests of the Service that the employment of the employee should be terminated.”.

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 reappointment 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 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”; andDivision 8a, 8b

(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.”.

90. Division 11 of Part III of the Principal Act is repealed.

91. Section 87d of the Principal Act is amended by omitting sub-section (2).

92. Section 87j of the Principal Act is amended by omitting from sub-section (9) “Governor-General” and substituting “Prime Minister”.

93. Section 87k of the Principal Act is amended—

(a) by inserting after sub-section (2) the following sub-section:

“(2a) An officer specified, or included in a class of officers specified, in a declaration under sub-section 81c (1) becomes a person to whom this Division applies on the day specified in the declaration for the purposes of sub-section 81c (2).”; and

(b) by omitting paragraph (5) (a).

94. Section 87m of the Principal Act is amended by omitting from sub-section (1) “Sections 49, 49b, 50 to 50h (inclusive), 51aa and 53 apply,” and substituting “Division 4 of Part III applies,”.

95. Section 87n of the Principal Act is amended—

(a) by inserting in paragraph (2) (f) “or (2a)” after “87k (2)”;

(b) by inserting in paragraph (2) (f) “or became employed by a Commonwealth authority by force of sub-section 81c (2)” after “87zc”; and

(c) by omitting sub-paragraph (2) (f) (i) and substituting the following sub-paragraph:

“(i) the person is, and has at all times since becoming engaged in that employment or becoming so employed, as the case may be, continued to be, engaged in that employment or so employed; and”.

96. After section 88 of the Principal Act the following section is inserted:

Powers of Prime Minister

“88a. A power conferred on the Prime Minister by this Act may be exercised on the Prime Minister’s behalf by another Minister authorised by the Prime Minister to do so.”.

97. Section 89a of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) An action or proceeding does not lie against a person for or in respect of any oral or written report made in good faith by the person on or in connection with—

(a) work performed, or proposed to be performed, by an officer or employee; or

(b) conduct of an officer or employee.”.

98. Section 90a of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) The Secretary of a Department may formulate and operate a Staff Suggestions Scheme to encourage officers and employees to make suggestions for achieving any of the following objects:

(a) the promotion or improvement of efficiency, or the effecting of economies, in the management and working of the Department;

(b) the improvement of the standard of safety in the operations of the Department.”;

(b) by omitting from sub-section (2) “Board” (wherever occurring) and substituting “Secretary”; and

(c) by omitting sub-section (3) and substituting the following sub-section:

“(3) A Secretary may vary or discontinue a Staff Suggestions Scheme.”.

99. Section 91 of the Principal Act is amended—

(a) by omitting from sub-section (1) “Board” and substituting “Secretary of the Department”;

(b) by omitting from sub-section (1) “no officer shall” and substituting “an officer of a Department shall not”;

(c) by omitting from paragraphs (a), (b), (c) and (d) “or” (last occurring);

(d) by inserting after paragraph (d) the following paragraph:

“(da) act as a director of a company or incorporated society, otherwise than in accordance with the requirements of the duties of the officer’s office or otherwise on behalf of the Commonwealth; or”; and

(e) by omitting sub-sections (3), (4), (5) and (6).

100. Section 92 of the Principal Act is amended by omitting “, a Secretary or a Chief Officer, as the case may be, under this Act,” and substituting “or a Secretary under this Act”.

101. Section 97 of the Principal Act is amended—

(a) by omitting from paragraph (1) (g) “Board” and substituting “Committee”;

(b) by omitting from paragraph (1) (k) “regulating” and substituting “making provision about”; and

(c) by inserting in sub-section (3) “, or of an industrial award,” after “section 82d”.

102. An officer who, after 22 December 1984, was promoted to an office in relation to which successful completion of the Clerical Selection Test was a condition notified under paragraph 33a (1) (d) of the Public Service Act 1922 shall be deemed for all purposes to have been promoted to that office under section 53 of that Act.