Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) 1993 NO. 251

STATUTORY RULES 1993 No. 251

Issued by the authority of the Prime Minister

Public Service Act 1922

Public Service Regulations (Amendment)

Paragraph 97(1)(aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.

Part IV of the Act deals with the rights of officers of the Australian Public Service (APS) who become employed by the Commonwealth outside the provisions of the Act or by certain nonCommonwealth bodies.

For the purposes of Part IV of the Act, the definition of "Commonwealth authority" in subsection 87(1) of the Act includes "(b) a body corporate incorporated under a law of the Commonwealth or of a State or Territory, being a body corporate in which the Commonwealth has a controlling interest and which is declared by the regulations to be a Commonwealth authority for the purposes of this Part".

Regulation 169 of the Public Service Regulations provides for bodies corporate which are to be defined as Commonwealth authorities to be specified in Schedule 1 to those Regulations.

Australian Marine Science and Technology Limited (AMSAT) is a company registered under the Corporations Law of the Australian Capital Territory. AMSAT is a consortium of federally funded agencies having an involvement in marine research, development and management which have combined to provide a co-ordinated approach to the international marketing of their consulting skills.

The company will have a number of its own permanent staff, employed outside the provisions of the Act. It is desired that the mobility provisions of Part IV of the Act apply to APS staff who accept employment with the company.

These Regulations add AMSAT to Schedule 1 of the Public Service Regulations for the purposes of Part IV of the Act.

The Regulations commence on gazettal.