Commonwealth Numbered Acts

PUBLIC SERVICE AND STATUTORY AUTHORITIES AMENDMENT ACT 1980 No. 177, 1980 - SECT 7

7. (1) Section 9 of the Principal Act is amended-

   (a)  by adding at the end of paragraph (b) of sub-section (1) "and";

   (b)  by omitting from paragraph (c) of sub-section (1) "and" (last
        occurring); and

   (c)  by omitting paragraph (d) of sub-section (1).

(2) Section 9 of the Principal Act is amended-

   (a)  by omitting from sub-sections (2), (2A) and (3) "or the regulations"
        (wherever occurring) and substituting ", the regulations or any
        determinations in force under section 82D"; and

   (b)  by inserting after sub-section (7) the following sub-sections:



"(7A) Subject to sub-section (7B), the President or the Speaker or the
President and the Speaker, as the case may be, may, by instrument in writing,
determine the terms and conditions of employment (including employment
overseas) of officers and employees of the Parliament, being terms and
conditions for and in relation to which determinations may be made under
section 82D.



"(7B) Where a determination under sub-section (7A) is inconsistent with-

   (a)  a provision of this Act;

   (b)  a provision of the regulations made for the purposes of sub- section
        (6);

   (c)  a provision of the regulations made by the Board that apply to
        officers and employees of the Parliament by virtue of sub- section
        (7); or

   (d)  a provision of another Act, (whether enacted or made before or after
        the commencement of this sub-section), that provision shall prevail
        and the determination shall, to the extent of the inconsistency, be of
        no force or effect.



"(7C) The provisions of Division 10A of Part III (other than sub- sections 82D
(1) and (2)) apply in relation to determinations made under sub-section (7A)
of this section in like manner as those provisions apply in relation to
determinations made under section 82D and, for the purposes of those
provisions as so applying, any reference in those provisions to the Board
shall be read as reference to the President or the Speaker or the President
and the Speaker, as the case may be.



"(7D) A determination in force under section 82D has effect in relation to
officers and employees of the Parliament subject to sub- sections (7E) and
(7F).



"(7E) Where a determination in force under section 82D is inconsistent with-

   (a)  a provision of the regulations made for the purposes of sub- section
        (6) of this section; or

   (b)  a provision of a determination in force under sub-section (7A) of this
        section, (whether made before or after the day on which the
        first-mentioned determination takes effect), the first-mentioned
        determination is, to the extent of the inconsistency, of no force or
        effect in relation to officers and employees of the Parliament.



"(7F) The President or the Speaker or the President and the Speaker, as the
case may be, may, by instrument in writing, declare that a determination, or a
provision of a determination, in force under section 82D and specified in the
instrument does not apply to officers and employees of the Parliament.



"(7G) The Governor-General may, on the recommendation of the President or the
Speaker or the President and the Speaker, as the case may be, make regulations
providing for and in relation to appeals with respect to any matter arising
under a determination under sub- section (7A).



"(7H) The President or the Speaker or the President and the Speaker, as the
case may be, may, either generally or as otherwise provided by the instrument
of delegation, by writing signed by him or them, as the case may be, delegate
to an officer or employee of the Parliament any of his or their powers, as the
case may be, under sub-sections (7A) and (7F).



"(7J) A power delegated under sub-section (7H), when exercised by the
delegate, shall, for the purposes of this Act, be deemed to have been
exercised by the President or the Speaker or the President and the Speaker, as
the case may be.



"(7K) A delegation under sub-section (7H) does not prevent the exercise, by
the President or the Speaker or the President and the Speaker, as the case may
be, of the power to which the delegation relates.".

(3) Section 9 of the Principal Act is amended-

   (a)  by adding at the end of paragraph (b) of sub-section (1) "and";

   (b)  by omitting from paragraph (c) of sub-section (1) "and" (last
        occurring); and

   (c)  by omitting paragraph (d) of sub-section (1).

(4) Section 9 of the Principal Act is amended by omitting from sub-section (2)
"or the regulations" (wherever occurring) and substituting ", the regulations
or any determinations in force under section 82D".

(5) Subject to sub-section (6), sub-section (3) shall come into operation on a
date to be fixed by Proclamation, being a date not earlier than the date on
which section 4 of the Public Service Amendment Act 1978 comes into operation.

(6) If sub-section (1) of this section comes into operation after section 4 of
the Public Service Amendment Act 1978 has come into operation, sub-section (3)
of this section shall not come into operation.

(7) Sub-section (4) shall come into operation on the date on which section 4
of the Public Service Amendment Act 1978 comes into operation.