Commonwealth Numbered Acts

PUBLIC SERVICE ACTS AMENDMENT ACT 1982 No. 111, 1982 - SECT 17

17. (1) Section 26 of the Principal Act is amended-

   (a)  by omitting paragraph (1) (b) and substituting the following
        paragraph:

''(b) an officer or employee appointed by the Board, on the recommendation of
the relevant Permanent Head, to be a Chief Officer of that Department.''; and

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

''(3) In the event of-

   (a)  the absence from duty or from Australia; or

   (b)  a vacancy occurring in the office,

of a person who is a Chief Officer, an officer or employee appointed for the
purpose by the relevant Permanent Head shall, unless the Governor-General
otherwise directs, perform the duties of the Chief Officer, and anything done
by that officer or employee shall be as valid and effective for all purposes
and against all persons as if done by the Chief Officer.

''(4) The Board may, on the recommendation of a Permanent Head who has the
control of a branch or part of the Service, determine, in writing, that the
holder of a specified Commonwealth office has, and may exercise and perform,
in relation to-

   (a)  specified officers or a specified class of officers of, or performing
        duties in, that branch or part of the Service; or

   (b)  specified employees or a specified class of employees employed in that
        branch or part of the Service,

such of the powers, authorities or duties conferred or imposed on a Chief
Officer by this Act, the regulations or determinations in force under
sub-section 9 (7A) or section 82D, and such other powers, authorities and
duties (if any), as are specified in the instrument of determination.

''(5) In the event of-

   (a)  the absence from duty or from Australia; or

   (b)  a vacancy occurring in the office,

of a person who, by virtue of a determination under sub-section (4), has and
may exercise, in relation to a branch or part of the Service, powers,
authorities or duties conferred or imposed on a Chief Officer, an officer or
employee appointed for the purpose by the Permanent Head who has the control
of that branch or part of the Service, shall, unless the Governor-General
otherwise directs, exercise and perform the powers, authorities and duties
specified in the determination, and anything done by that officer or employee
shall be as valid and effective for all purposes and against all persons as if
done by the first-mentioned person.

''(6) In this section-

'Commonwealth office' means an office or appointment the holder of which is
appointed, under a law of the Commonwealth, by the Governor-General or a
Minister, but does not include any of the offices or appointments referred to
in paragraphs (c) to (n) (inclusive) of the definition of 'Commonwealth
office' in sub-section 87 (1);

'Department' means a Department referred to in paragraph (a) of the definition
of 'Department' in sub-section 7 (1).''.

(2) An appointment of an officer under paragraph 26 (1) (b) of the Principal
Act as a Chief Officer of a Department is not affected by the amendments made
by sub-section (1) but, on and after the commencement of this section, any
such appointment shall have effect as if it were an appointment under
paragraph 26 (1) (b) of the Principal Act as amended by this Act.

(3) An appointment under sub-section 26 (3) of the Principal Act of an officer
to perform the duties of a Chief Officer is not affected by the amendments
made by sub-section (1) but, on and after the commencement of this section,
any such appointment shall have effect as if it were an appointment under
sub-section 26 (3) of the Principal Act as amended by this Act.