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This is a Bill, not an Act. For current law, see the Acts databases.
ACTION AUTHORITY AMENDMENT BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
ACTION
Authority Amendment Bill 2002
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
ACTION Authority
Amendment Bill 2002
A Bill for
An Act to amend the
ACTION Authority Act
2001, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the ACTION Authority Amendment Act 2002.
(1) This part and part 2 are taken to have commenced on
10 September 2001.
(2) Part 3 is taken to have commenced on 20 December 2001.
(3) Part 4 is taken to have commenced on 16 September 2002.
Part
2 ACTION Authority Act
2001
This part amends the ACTION Authority Act 2001.
substitute
21 Executive staff
(1) This section applies to staff at an executive level (executive
staff).
(2) The authority may employ, on behalf of the Territory, the executive
staff it considers necessary to exercise its functions.
(3) The conditions of employment of an executive staff employee are the
conditions agreed between the authority and the executive staff
employee.
22 Other staff
(1) This section does not apply to staff at an executive level.
(2) The authority may employ the staff it considers necessary to exercise
its functions.
(3) The authority’s staff are to be employed under the Public
Sector Management Act 1994.
Note The Public Sector Management Act 1994, s 24 provides
that the chief executive officer of a Territory instrumentality has all the
powers of a chief executive under the Act in relation to staff members who are
public servants. Under that Act, s 3, def chief executive
officer, the chief executive officer of an instrumentality is the person
who has responsibility for managing its affairs.
(4) However, if an agreement approved or certified under the Workplace
Relations Act 1996 (Cwlth) provides that the staff to which this section
applies are to cease to be public servants, the Minister must, in writing,
declare that the Public Sector Management Act 1994 ceased to apply to the
staff on the date of effect of the agreement.
(5) If the Minister makes a declaration under subsection (4), the
Public Sector Management Act 1994 is taken to have ceased to apply to the
staff to which this section applies on the date of effect of the
agreement.
(6) The declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(7) This subsection and subsections (3) to (6) expire on the day the
declaration is notified.
5 New
sections 39A to 39D
insert
39A Validation of new staff employed by
authority
(1) This section applies to a person (other than a member of staff at an
executive level) who was engaged (however described) by the authority as a
member of its staff after 1 January 2002 and before the commencement of this
section.
(2) The person is taken to have been appointed as an officer, or engaged
for temporary employment, as the case requires, under the Public Sector
Management Act 1994 on the day the person was engaged by the
authority.
39B Powers of commissioner for public
administration
The commissioner for public administration may take any action (including
giving directions) that the commissioner considers is necessary or desirable
consequent on the enactment of the ACTION Authority Amendment Act
2002.
Examples
1 requiring the creation of records about leave entitlements under the
Public Sector Management Act 1994 for a person engaged by the authority
after 1 January 2002
2 for a staff member who was employed by the authority for a period during
2002 and who is re-employed by the authority after the commencement of this
section—recognising the period of employment in 2002 as prior service
under the Public Sector Management Act 1994
3 requiring the amendment of the records of a staff member to whom the
declaration made on 21 December 2001 under the ACTION Authority Act
2001, section 22 (as that section was when the Act was notified in the
Gazette of 10 September 2001) to show that, for the relevant period, the
person was employed under the Public Sector Management Act 1994
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
39C Operation of s 39A and s 39B preserved despite
expiry
Sections 39A and 39B are declared to be laws to which the Legislation Act,
section 88 (Repeal does not end transitional or validating effect etc)
applies.
39D Modification of pt 6’s
operation
The regulations may modify the operation of this part to make provision in
relation to any matter that, in the Executive’s opinion, is not, or is not
adequately, dealt with in this part.
Part
3 ACTION Authority Amendment Act
2001
This part amends the ACTION Authority Amendment Act 2001.
omit
Part
4 Statute Law Amendment Act
2002
This part amends the Statute Law Amendment Act 2002.
9 Amendments
3.24 and 3.25
omit
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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