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PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) AMENDMENT ACT 1999 - SECT 14
Regulations
- (1)
- The Governor-General may make regulations prescribing matters:
- (a)
- required or permitted by this Act to be prescribed; or
- (b)
- necessary or convenient to be prescribed for carrying out or giving effect
to this Act.
- (2)
- The following subsections do not, by implication, limit subsection (1).
- (3)
- Regulations may be made:
- (a)
- in relation to the continuation of the following things under the old Act
or the Merit Protection Act, and their effects under the new Act:
- (i)
- processes relating to appointment, re-instatement, transfer, promotion,
advancement, classification or retirement;
- (ii)
- inquiries into pre-commencement misconduct for which a person was charged
under the old Act before the commencing time;
- (iii)
- appeals against disciplinary directions;
- (iv)
- the performance of functions under Subdivision FA of Division 2 of Part
II of the Merit Protection Act;
- (v)
- the review of decisions under Division 3 of Part II of the Merit
Protection Act;
- (vi)
- the investigation of grievances under Division 4 of Part II of the Merit
Protection Act; and
- (b)
- in relation to the continuation under the new Act of suspensions that were
in force under the old Act immediately before the commencing time; and
- (c)
- in relation to:
- (i)
- the review of decisions made under the old Act before the commencing time;
and
- (ii)
- the effects, under the new Act, of those reviews; and
- (iii)
- the powers available to a person or body conducting such a review; and
- (d)
- providing for the powers available to a person conducting a review
referred to in paragraph (c); and
- (e)
- in relation to arrangements, agreements and other things under Division 9
of Part III of the old Act; and
- (f)
- for other matters of a transitional or saving nature arising from:
- (i)
- the repeal of the old Act or the Merit Protection Act; or
- (ii)
- the transition from the old Act to the new Act;
including such matters arising from the amendments made by a Schedule to this
Act or from amendments made by regulations under this section.
- (4)
- Regulations made under subsection (3):
- (a)
- may provide for the old Act or the Merit Protection Act to continue in
force for the purposes of the regulations, even though those Acts are repealed
by this Act; and
- (b)
- prevail over the old Act, the new Act, the Merit Protection Act and
section 13 of this Act, to the extent of any inconsistency.
- (5)
- The regulations may:
- (a)
- amend other Acts, by making amendments of a kind that are consequential on
the repeal of the old Act and its replacement by the new Act; and
- (b)
- make provision of a transitional or saving nature in relation to
amendments made under paragraph (a).
- (6)
- For the purposes of the Amendments Incorporation Act 1905 , amendments
made by regulations under paragraph (5)(a) are to be treated as if they had
been made by an Act.
- (7)
- Regulations made under this section within one year after the commencement
of this section may commence on a day earlier than the day on which they are
made, but not earlier than the commencement of this section.
- (8)
- This section does not, by implication, limit any other section of this Act
that provides for the making of regulations.
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