Department of Justice (Restructuring) Act 1995

1: Short Title and commencement
1: This Act may be cited as the Department of Justice (Restructuring) Act 1995.
2: Except as provided in sections 5(5) 6(4) 10(4) 11(5) 12(5) 13(2) Section 1(2) brought into force 1 December 2004 clause 2 Department of Justice (Restructuring) Act Commencement Order 2004
2: Interpretation
In this Act, unless the context otherwise requires,— document
a: includes a contract, deed, or conveyance; but
b: does not include an enactment or any instrument appointing a person to a statutory office Minister proceedings
a: an application to a court, tribunal, statutory board, or local authority; or
b: the exercise of a statutory function or power pursuant to an enactment responsible department responsible Minister
3: Amendments to references in documents to Minister of Justice, Secretary for Justice, and Department of Justice
1: Unless in any case the context otherwise requires, and subject to the provisions of this Act,—
a: every reference in any document made before 1 October 1995 to the Minister of Justice shall be read as a reference to the responsible Minister:
b: every reference in any document made before 1 October 1995 to the Secretary for Justice or to the chief executive of the Department of Justice shall be read as a reference to the chief executive of the responsible department:
c: every reference in any document to the Department of Justice shall be read as a reference to the responsible department.
2: The Minister may from time to time, for the purpose of providing guidance in relation to the provisions of any document or of any class of documents, make a statement indicating the identity of a responsible Minister or of a responsible department.
3: Any document to which a statement under subsection (2) relates shall, in the absence of proof to the contrary, be read in accordance with that statement.
4: Benefits of licences
1: Notwithstanding any provision or rule of law, where a right or licence has been granted or assigned to the Crown for the purposes of the Department of Justice, the right or licence may, for the balance of the term, if any, of the right or licence, be exercised for the purposes of any department of State or of any division of a department of State, if the functions of that department or division consist principally of functions which, at the date of the grant or assignment of the right or licence, were the responsibility of the Department of Justice.
2: Notwithstanding any provision or rule of law, where a right or licence has been granted or assigned to the Crown for the purposes of a division of the Department of Justice, the right or licence may, for the balance of the term, if any, of the right or licence, be exercised for the purposes of any department of State or of any division of a department of State, if the functions of that department or division consist principally of functions which, at the date of the grant or assignment of the right or licence, were the responsibility of that division of the Department of Justice.
5: Establishment of Ministry of Justice
1), (2: Amendment(s) incorporated in the Act(s)
3: The chief executive of the Ministry of Justice shall be known as the Secretary for Justice.
4: Notwithstanding section 35 section 6
5: This section shall come into force on 1 October 1995.
6: Abolition of Department of Justice
1: The Department of Justice is hereby abolished.
2), (3: Amendment(s) incorporated in the Act(s)
4: This section shall come into force on a date to be appointed by Order in Council.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Application of collective employment contracts
Where any employees of the Department of Justice whose conditions of employment are governed by an unexpired collective employment contract are transferred (in circumstances to which section 61B Schedule 1
a: as if it were a contract that had been made in respect of the department to which those employees are transferred; and
b: as if it were binding on both those employees and on the chief executive of the department to which those employees are transferred.
8: Transfer of employees to other departments of the Public Service
Except as otherwise provided in any employment contract, no employee of the Department of Justice who is transferred to any department specified in Schedule 1 section 61B
9: Continuation of existing proceedings
1: Where, before the commencement of this Act, the Minister of Justice has, in his capacity as Minister of Justice, initiated or become a party to any proceedings, the proceedings may be continued, completed, and enforced by or against the responsible Minister.
2: Where, before the commencement of this Act, the Secretary for Justice has, in his capacity as Secretary for Justice, initiated or become a party to any proceedings, the proceedings may be continued, completed, and enforced by or against the chief executive of the responsible department.
10: Consequential amendments
1: The enactments specified in Schedule 1
2: Amendment(s) incorporated in the Act(s)
3: The enactments specified in Schedule 2
4: Subsection (3), and Schedule 2
11: Consequential amendments to Privacy Act 1993
1:
2), (3: Amendment(s) incorporated in the Act(s)
4: Subsection (1), and Schedule 3
5: Subsections (3) and (4) shall come into force on 1 October 1995. Section 11(1) repealed 1 October 1995 section 11(4)
12: Consequential amendments to regulations
1: The regulations specified in Schedule 5
2: The regulations specified in Schedule 6
3: The amendment by this section of the regulations specified in Schedule 5 Schedule 6
4: The Governor-General may from time to time, by Order in Council, consequentially revoke Schedule 5 Schedule 6
5: Subsection (2), and Schedule 6
6: An order under subsection (4) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 12(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
13: Repeals
1: The enactments specified in Schedule 7
2: This section, and Schedule 7