Document ID: chunk:federal_register_of_legislation:C2024A00076:clause:1_8
Version: federal_register_of_legislation:C2024A00076
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 3637–5902

8  Application provisions

Application—conduct of former Agency Head
(1) Subject to subitems (3) and (4), the amendments of the Public Service Act 1999 made by this Schedule apply in relation to a breach, or an alleged breach, of the Code of Conduct by a former Agency Head, whether the conduct by the former Agency Head giving rise to the breach, or alleged breach, occurred before, on or after the commencement day.

Application—inquiries
(2) Subject to subitems (3) and (4), the amendments of the Public Service Act 1999 made by this Schedule apply in relation to an inquiry conducted for the purposes of paragraph 41(2)(m) of the Public Service Act 1999 that:
 (a) starts on or after the commencement day; or
 (b) was started before the commencement day, but had not been completed at that day.

Application—written procedures for inquiries
(3) The amendments of section 41A of the Public Service Act 1999 made by item 5 of this Schedule apply only in relation to an inquiry conducted for the purposes of paragraph 41(2)(m) of the Public Service Act 1999 that is started on or after the commencement day.
(4) For the purposes of subitem (3), a Code of Conduct review within the meaning of item 1 of Schedule 2 to this Act is taken to have started before the commencement day.
(5) Nothing in subitem (3) or (4) is intended to affect any rights of an Agency Head, or former Agency Head, that arose before the commencement day, in relation to a failure to afford the Agency Head, or former Agency Head, procedural fairness in conducting an inquiry for the purposes of paragraph 41(2)(m) of the Public Service Act 1999.

Application—information or documents
(6) On and after the commencement day, the following may be used or disclosed for the purposes of an inquiry conducted for the purposes of paragraph 41(2)(m) of the Public Service Act 1999:
 (a) any information given, or documents produced, to an entrusted person (within the meaning of subsection 72A(1) of the Public Service Act 1999) before the commencement day in the course of the inquiry;
 (b) any information or documents created by such an entrusted person before the commencement day in the course of the inquiry.

Definitions
(7) In this item:
commencement day means the day this item commences.