Document ID: chunk:federal_register_of_legislation:C2004A04664:schedule:4:p2
Version: federal_register_of_legislation:C2004A04664
Segment Type: schedule
Provision Reference: sch 4 (pt 2/13)
Character Range: 18586–21463

person is employed in another Parliamentary Department—the President of the Senate and the Speaker of the House of Representatives acting jointly; and

    (b) the powers conferred on the Secretary to the Department (other than the power of delegation conferred by section 11) are to be exercised, in substitution for the Secretary to the Department, by the Head of the Parliamentary Department concerned.

"(3) The Head of a Parliamentary Department may, by signed writing, delegate to an officer of, or person employed in, the Parliamentary Department any of the Head of the Parliamentary Department's functions or powers under this Act.

"(4) A delegation of a function or power under subsection (3) by the Head of a Parliamentary Department:

    (a) unless revoked under paragraph (b), continues in force even though the person who gave the delegation has ceased to be the Head of the Parliamentary Department; and

    (b) may be revoked by writing signed by the person who is for the time being the Head of the Parliamentary Department.

"(5) If the Head of a Parliamentary Department has delegated a function or power under subsection (3), the Head of the Parliamentary Department may issue guidelines to the delegate with respect to the performance of the function or the exercise of the power.".

Officers of the Public Service on maternity leave

  26. Section 8 of the Principal Act is amended:

     (a) by omitting from paragraph (1)(a) "Public Service of the Commonwealth" and substituting "Australian Public Service";

     (b) by omitting from subsection (2A) "the Public Service Commissioner is not required to comply with the provisions of that subsection" and substituting "that subsection does not have to be complied with".

Delegation by Secretary

27. Section 11 of the Principal Act is amended by inserting after "another Department" in subsection (1) "of the Australian Public Service".

Sub-delegation by delegate of Secretary

28. Section 12 of the Principal Act is amended by inserting after "another Department" in subsection (1) "of the Australian Public Service".

PART 5—AMENDMENTS OF THE OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991

Principal Act

29. In this Part, "Principal Act" means the Occupational Health and Safety (Commonwealth Employment) Act 19914.

Interpretation

30. Section 5 of the Principal Act is amended by inserting in subsection (1) the following definition:

" 'premises' includes any place (whether enclosed or built on or not), including a place situated under ground or under water, and, in particular, includes:

  (a) a building, aircraft, vehicle or vessel; and

    (b) any structure, whether a fixed structure, or a moveable structure such as a tent, and whether on land, on the bed of any waters or floating on any waters; and

    (c) a part of premises (including a part of premises of