House of Representatives

Supplementary Explanatory Memorandum

Amendments and new clauses to be moved on behalf of the Government (Circulated by Authority of the Minister for Education, Training and Youth Affairs and the Minister Assisting the Prime Minister for the Public Service, the Honourable David Kemp, MP)

Notes on Amendments and New Clauses

Amendment 1

1.1 This amendment omits s-cls. 2(3) to (7) and substitutes new s-cls. 2(3) to (7) to deal with the various commencement provisions between the Public Service Act 1999 and Acts being amended by Schedule 1 of the CTA Bill. Subclause (6) is strictly not necessary, but it might be helpful to those people who have responsibility for processing the CTA amendments.

Amendment 2

2.1 This amends a reference to a section of the Public Service Act 1999 within the definition of "locally engaged employee" in clause 4 - Interpretation.

Amendment 3

3.1 This amends the definition of " second-tier person" in clause 4 - Interpretation. In conjunction with amendment 8 this amendment will ensure that APS officers engaged in eligible public employment under first tier mobility provisions of the 1922 PSA convert to second tier mobility coverage at the end of the relevant period as defined in subsection 87D(5) of the 1922 PSA.

Amendment 4

4.1 This includes a new provision to convert the current Merit Protection Commissioner under the MP(AGE)A to the Merit Protection Commissioner appointed under the new Act for a period equal to the unexpired part of his or her term under the MP(AGE)A.

Amendment 5

5.1 This amends the term of "APS employee" to "ongoing APS employee" to be consistent with the revised terminology in the PS Bill as proposed by Government amendments to that Bill.

Amendment 6

6.1 This amends the term of "APS employee" to "ongoing APS employee" to be consistent with the revised terminology in the PS Bill as proposed by Government amendments to that Bill.

Amendment 7

7.1 This amends the term of "APS employee" to "ongoing APS employee" to be consistent with the revised terminology in the PS Bill as proposed by Government amendments to that Bill.

Amendment 8

8.1 This amendment and amendment 3 will ensure that APS officers engaged in eligible public employment under the first tier mobility provisions of the 1922 PSA convert to second tier mobility coverage at the end of the relevant period as defined in subsection 87D(5) of the 1922 PSA.

Amendment 9

9.1 This amendment to clause 9 will extend the transitional period, from up to twelve months to up to three years, before a continued determination made under the former s.82D of the 1922 PSA ceases to be in force. During that time, Agency Heads will be required to review their provisions and make their own determinations.

Amendment 10

10.1 This amendment substitutes a new Schedule 1 to the CTA Bill which, as provided in s-cl.3(1) of the CTA Bill, deals with repeals and amendments to a range of Commonwealth legislation, the application and terminology of which will be affected by enactment of the Public Service Bill 1999.

10.2 Paragraph 2.2 of the Explanatory Memorandum describes the categories of amendments included in the CTA Bill. The amendments now being made to the CTA Bill by the Government may be broadly categorised as follows

•

insertion into Schedule 1 of additional items relating to relevant enactments previously omitted and to new enactments since 1997; and

•

amendment of current items in Schedule 1 to reflect a policy change which occurred in the relevant portfolio area since the CTA Bill was introduced; and

•

other miscellaneous amendments to ensure accurate references and appropriate links to the new APS employment framework.

10.3 Each of these categories is discussed below, with reference in each case to the relevant item numbers in Schedule 1 to the CTA Bill. Note that this Supplementary Explanatory Memorandum does not include comments on other items in the Schedule which have not changed. However, as a result of these amendments they have been renumbered.

Additions to Schedule 1

10.4 The enactments listed below have been added to Schedule 1 at the item numbers indicated. The entry for each item explains the nature of the amendment, in accordance with the terminology used in the CTA Bill and explained in the Explanatory Memorandum (Ex Memo) - paragraphs 2.3.1 (staffing provisions), 2.3.10 (removal of obsolete references to PSB), 2.3.14 (removal of reference to 1922 PSA s.87E), 2.3.24 (reciprocal mobility), 2.3.30 (mobility provisions) and 2.3.36 (amendments in accordance with the Default Translation Table (DTT) of that Memorandum refer. For convenient reference, the DTT is reproduced at Attachment A to this Supplementary Explanatory Memorandum.

Aboriginal and Torres Strait Islander Heritage Protection Act 1999 (new enactment)

1.22 This removes a reference to 1922 PSA s.87E.

1.23 This amends in accordance with the DTT para. (n) - A.

1.24 This amends in accordance with the DTT para. (d) - B.

1.25 This amends in accordance with the DTT para. (d) - A.

1.26 This amends in accordance with the DTT para. (n) - B.

ACIS Administration Act 1999 (new enactment)

1.32 This amends in accordance with the DTT para. (n) - A.

A New Tax System (Australian Business Number) Act 1999 (new enactment)

1.92 This amends in accordance with the DTT para. (c).

1.93 This amends in accordance with the DTT para. (c).

1.94 This amends the Dictionary in s.41 to distinguish between an Executive Agency and Statutory Agency under the Act at para. (c) from Department of State of the Commonwealth and Department of Parliament in paras (a) and (b) respectively.

A New Tax System (Commonwealth-State Financial Arrangements) Act 1999 (new enactment)

1.95 This amends in accordance with the DTT para. (n) - A.

Anti-Personnel Mines Convention Act 1998 (new enactment)

1.98 This amends in accordance with the DTT para. (n) - B.

1.99 This amends in accordance with the DTT para. (n) - B.

Australian Meat and Live-stock Industry Act 1997 (new enactment)

1.196 This deletes the definition of SES employee as the new AIA includes a definition of "SES employee" and "acting SES employee".

Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997 (new enactment)

1.197 This amends in accordance with the DTT para. (d) - B.

1.198 This amends in accordance with the DTT para. (d) - B.

Australian Prudential Regulation Authority Act 1998 (new enactment)

1.225 This amends in accordance with the DTT para. (n) - B.

Australian Radiation Protection and Nuclear Safety Act 1998 (new enactment)

1.226 This removes a reference to 1922 PSA s.87E.

1.227 This changes the APS staffing provisions for the Australian Radiation Protection and Nuclear Safety Authority (s.58 of that Act). The staffing powers will remain vested in the Chief Executive Officer of the Authority.

Commonwealth Superannuation Board Act 1999 (new enactment)

1.317 This amends the definition of agency in s-sec. 23(10) to distinguish between an Executive Agency and Statutory Agency under the Act at para. (c) from Department of State and Department of Parliament in paras (a) and (b) respectively.

1.318 This amends the definition of agency in s-sec. 24(10) to distinguish between an Executive Agency and Statutory Agency under the Act at para. (c) from Department of State and Department of Parliament in paras (a) and (b) respectively.

Corporate Law Economic Reform Program Act 1998 (new enactment)

1.328 This amends in accordance with the DTT para. (d) - A.

Environment Protection and Biodiversity Conservation Act 1999 (new enactment)

1.411 This amends s-sec. 393(1) of that Act which allows the Secretary to make arrangements with an Agency Head for the performance of the functions or powers of wardens and rangers by officers or employees in another Agency or Commonwealth authority. This amendment is in accordance with the DTT para. (d) - B.

1.412 This amends s-sec. 393(4) of that Act which allows the Director to make arrangements with an Agency Head for the performance of the functions or powers of wardens and rangers by officers or employees in another Agency or Commonwealth authority. This amendment is in accordance with the DTT para. (d) - B.

Federal Magistrates Act 1999 (new enactment)

1.461 This changes the APS staffing provisions for the Federal Magistrates Court (s.99 of that Act). The staffing powers will remain vested in the Chief Executive Officer.

1.462 This amends a made available provision in s.102 of that Act in accordance with the DTT para (c).

1.463 This amends in accordance with the DTT para. (d) - B.

1.464 Update of reference to Public Service Act 1999 .

1.465 This amends in accordance with the DTT para. (d) - B.

1.466 This amends in accordance with the DTT para. (d) - B.

1.467 This amends in accordance with the DTT para. (d) - B.

1.468 This removes a reference to 1922 PSA s.87E.

Film Licensed Investment Company Act 1998 (new enactment)

1.469 This amends in accordance with the DTT para. (n) - B.

Financial Sector Reform (Amendments and Transitional Provisions) Act 1998 (new enactment)

1.475 Update of reference to Public Service Act 1999 .

1.476 Update of reference to Public Service Act 1999 .

Migration Legislation Amendment (Migration Agents) Act 1997 (new enactment)

1.604 Update of reference to Public Service Act 1999 .

1.605 Update of reference to Public Service Act 1999 .

National Road Transport Commission Act 1991 (previously omitted)

1.660 This removes a reference to 1922 PSA s.87E.

1.661 This changes the APS staffing provisions for the National Road Transport Commission (s.31 of that Act). The staffing powers will remain vested in the Chief Executive Officer of the Commission.

1.662 As above.

1.663 This amends a make available provision in para. 33(1)(a) of that Act in accordance with DTT para. (d) - B.

Productivity Commission Act 1998 (new enactment)

1.738 This removes a reference to 1922 PSA s.87E.

1.739 This changes the APS staffing provisions for the Productivity Commission (s.44 of that Act). The staffing powers will remain vested in the Chair of the Commission.

1.740 As above.

Resource Assessment Commission Act 1989 (previously omitted)

1.783 This removes a reference to 1922 PSA s.87E.

Rural Adjustment Amendment Act 1999 (new enactment)

1.789 Update of reference to Public Service Act 1999 .

Social Security (Administration) Act 1999 (new enactment)

1.813 This removes a reference to 1922 PSA s.87E.

1.814 This amends in accordance with the DTT para. (d) - B.

Stevedoring Levy (Collection) Act 1998 (new enactment)

1.827 This amends in accordance with the DTT para. (n) - B.

1.828 This amends in accordance with the DTT para. (n) - B.

1.829 This omits s-sec.17(3) which defines SES office. It is no longer necessary as a consequence of the above amendments and contains an obsolete reference to the 98PSA.

Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (new enactment)

1.884 This amends in accordance with the DTT para. (d) - B.

1.885 This amends in accordance with the DTT para. (d) - B.

1.886 This amends in accordance with the DTT para. (d) - B.

Sydney Airport Demand Management Act 1997 (new enactment)

1.899 This amends in accordance with the DTT para. (n) - B.

Textile, Clothing and Footwear Strategic Investment Program Act 1999 (new enactment)

1.924 This amends in accordance with the DTT para. (n) - B.

Workplace Relations Legislation Amendment (More Jobs, Better Pay) Act 1999 (new enactment)

1.984 This amends a reference from an item number in CTA to a section of the WRA.

Amendments reflecting policy change

Remuneration and Allowances Act 1990

1.764 This amends s-clause 1(2) and 1(3) at Schedule 3 of the Act to allow for the annual salary of Members of Parliament to be linked to either to the minimum annual rate of salary payable to an SES employee with a classification of SES Band 2, or by regulation, and following advice from the Remuneration Tribunal, some other reference salary. Such a reference salary can be the annual salary applicable to an office under the determining authority of the Remuneration Tribunal or a salary identified by the Remuneration Tribunal from within the principal executive classification established under the Remuneration Tribunal Act 1973 by this Bill. This increases the options for linking the annual salary of Members of Parliament to the salaries within the determining jurisdiction of the Remuneration Tribunal. It ensures that the Tribunal is consulted in relation to any link that is drawn between the salary of Members of Parliament and salaries within its jurisdiction."

Remuneration Tribunal Act 1973

1.767 This amends s-sec. 5(2B) to clarify the additional functions of the Tribunal to provide advice in relation to the terms and conditions for the offices of Secretary, offices of Heads of Executive Agencies, the office of Public Service Commissioner and the office of Merit Protection Commissioner.

A new s-sec. 5(2C) is added to include an additional function for the Remuneration Tribunal to give advice before any regulation is made linking the minimum annual salary payable to Members of Parliament to a salary within the determining jurisdiction of the Remuneration Tribunal.

Superannuation Act 1976

1.837 This amendment is designed to ensure that persons covered by the mobility provisions of the 1922 PSA maintain access to the Commonwealth Superannuation Scheme which might have been lost on the repeal of the 1922 PSA. This issue arises because the membership rights of people who are compulsorily transferred out of the APS or who have moved voluntarily to other Commonwealth employment are based on the fact that they are covered by the mobility provisions of the 1922 PSA.

1.838 This amends the former Item Number 825 as a consequence of the above amendment.

Superannuation Act 1990

1.875 This amendment is designed to ensure that persons covered by the mobility provisions of the 1922 PSA maintain access to the Public Sector Superannuation Scheme which might have been lost on the repeal of the 1922 PSA. This issue arises because the membership rights of people who are compulsorily transferred out of the APS or who have moved voluntarily to other Commonwealth employment are based on the fact that they are covered by the mobility provisions of the 1922 PSA.

Miscellaneous amendments

Anti-Dumping Authority Act 1988

The Act name and this item are omitted from the new Schedule 1.

Australian Meat and Live-stock (Quotas) Act 1990

1.199 This amends in accordance with the DTT para. (d) - B.

Australian Science, Technology and Engineering Council Act 1978

The Act name and this item are omitted from the new Schedule 1.

Australian Securities and Investments Commission Act 1989

This is a replacement heading for the Act.

Australian Security Intelligence Organisation Act 1979

This is a replacement heading for the Act.

Banking Act 1959

The Act name and this item are omitted from the new Schedule 1.

Commonwealth Electoral Act 1918

Items 287 to 292 are deleted from the new Schedule as section 61 of that Act was repealed.

Cotton Research Act 1991

The Act name and this item are omitted from the new Schedule 1.

Deer Velvet Export Charge Act 1992

The Act name and this item are omitted from the new Schedule 1.

Deer Velvet Levy Act 1992

The Act name and this item are omitted from the new Schedule 1.

Defence (Visiting Forces) Act 1963

1.373 This amends in accordance with the DTT para. (n) - B.

Economic Planning Advisory Commission Act 1983

The Act name and this item are omitted from the new Schedule 1.

Employment, Education and Training Act 1988

1.393 This amends in accordance with the DTT para. (d) - A.

1.394 This amends in accordance with the DTT para. (d) - A.

1.395 Consequential on the preceding amendment.

1.396 This amends in accordance with the DTT para. (d) - A.

1.400 This amendment corrects a reference to a section within the Public Service Act 1999 .

Equal Employment Opportunity (Commonwealth Authorities) Act 1987

1.413 This amends the definition of "authority" in s-sec. 3(1) to remove references to bodies that no longer exist.

Evidence Act 1995

1.423 This amends in accordance with the DTT para. (b).

1.424 This amends in accordance with the DTT para. (b).

1.425 This amends in accordance with the DTT para. (b).

1.426 This amends the reference to the clause within the Dictionary.

Financial Corporations Act 1974

The Act name and this item are omitted from the new Schedule 1.

Fishing Industry Research Act 1969

The Act name and this item are omitted from the new Schedule 1.

Health Insurance Act 1973

Former Item Number 472 deleted as section 106Q no longer refers to the Public Service Act.

Income Tax Assessment Act 1997

1.522 This amends in accordance with the DTT para. (n) - B.

Industrial Chemicals (Notification and Assessment) Act 1989

1.527 This amendment corrects a reference to a section within the Public Service Act 1999 .

Industry Commission Act 1989

The Act name and this item are omitted from the new Schedule 1.

Insurance Acquisitions and Takeovers Act 1991

The Act name and this item are omitted from the new Schedule 1.

Insurance (Agents and Brokers) Act 1984

The Act name and this item are omitted from the new Schedule 1.

Insurance and Superannuation Commissioner Act 1987

The Act name and this item are omitted from the new Schedule 1.

Insurance and Supervisory Levies Collection Act 1989

The Act name and this item are omitted from the new Schedule 1.

Insurance Contracts Act 1984

The Act name and this item are omitted from the new Schedule 1.

International Shipping (Australian-resident Seafarers) Grants Act 1995

The Act name and this item are omitted from the new Schedule 1.

Judiciary Act 1903

1.541 This amends in accordance with the DTT para. (d) - B.

1.542 This amends in accordance with the DTT para. (d) - B.

1.543 This amends in accordance with the DTT para. (d) - B.

Life Insurance Act 1995

The Act name and this item are omitted from the new Schedule 1.

Meat and Live-stock Industry Act 1995

The Act name and this item are omitted from the new Schedule 1.

Migration Act 1958

1.599 This amends the s-sec. reference in the Item to reflect an amendment to the principal Act.

1.600 This amends the s-sec. reference in the Item to reflect an amendment to the principal Act.

Motor Vehicle Standards Act 1989

Former Item Number 607 is deleted as s.23 of that Act no longer refers to SES office.

1.608 This amendment corrects a reference to a section within the Public Service Act 1999 .

National Transmission Network Sale Act 1998

This is a replacement heading for the Act.

Native Title Act 1993

Former Item Number 668 is deleted as the section no longer refers to the SES.

1.671 Update of reference to Public Service Act 1999 .

Naval Defence Act 1910

1.676 This amendment corrects a reference to a section within the Public Service Act 1999 .

Occupational Health and Safety (Commonwealth Employment) Act 1991

1.687 This amendment corrects a reference to a section within the Public Service Act 1999 .

Occupational Health and Safety (Maritime Industry) Act 1993

1.691 This amendment corrects a reference to a section within the Public Service Act 1999 .

Patents Act 1990

1.717 This amendment amends s.200A by substituting a new definition of Designated Manager. The terms occupy and acting follows the wording of acting SES employee in the 99 PSA. The alternative of occupying/acting is needed because section 34AA of the Acts Interpretation Act (which deals only with delegations) does not apply.

Privacy Act 1988

1.731 This changes the APS staffing provisions for the Privacy Commission (s.26 of that Act). The staffing powers will remain vested in the Commissioner of the Privacy Commission.

Retirement Savings Account Act 1977

The Act name and this item are omitted from the new Schedule 1.

Rural Industries Research Act 1985

The Act name and this item are omitted from the new Schedule 1.

Student Assistance Act 1973

This is a replacement heading for the Act.

Superannuation Benefits (Supervisory Mechanisms) Act 1990

1.879 This amendment corrects a reference to a section within the Public Service Act 1999 .

Superannuation Entities (Taxation) Act 1987

The Act name and this item are omitted from the new Schedule 1.

Superannuation Guarantee (Administration) Act 1992

1.887 This amends the definition of Commonwealth Department in s.5 to distinguish between an Executive Agency and Statutory Agency under the Act at para. (c) from Department of State and Department of Parliament in paras (a) and (b) respectively.

Superannuation Industry (Supervision) Act 1993

Former Item Number 874 is deleted as s-sec.10(1) no longer refers to an officer of the Australian Public Service.

1.890 This amends in accordance with the DTT para. (d) - B.

Telstra Corporation Act 1991

1.918 This amends in accordance with the DTT para. (n) - B.

1.919 This amends in accordance with the DTT para. (n) - B.

1.920 This amends in accordance with the DTT para. (n) - B.

Wheat Marketing Act 1989

The Act name and this item are omitted from the new Schedule 1.

Wool International Act 1993

The Act name and this item are omitted from the new Schedule 1.

Workplace Relations Act 1996

1.981 This amendment corrects a reference to a section within the Public Service Act 1999 .