Document ID: chunk:federal_register_of_legislation:C2004A04103:schedule:2:p4
Version: federal_register_of_legislation:C2004A04103
Segment Type: schedule
Provision Reference: sch 2 (pt 4/17)
Character Range: 33874–36645

periods, when the Associate Director is absent from duty or from Australia or is, for any reason, unable to perform the functions of the office;

but a person appointed to act during a vacancy must not continue so to act for more than 12 months.

"(2) Sections 20, 24 and 25 apply to a person appointed under this section to act in the office of Associate Director in the same way as they apply to the Associate Director.

"(3) Anything done by or in relation to a person purporting to act under such an appointment is not invalid merely because:

  (a) the occasion for the appointment had not arisen; or

     (b) there was a defect or irregularity in connection with the appointment; or

  (c) the appointment had ceased to have effect; or

  (d) the occasion to act had not arisen or had ceased.".

Staff

  55. Section 27 of the Principal Act is amended:

     (a) by omitting subsection (2) and substituting the following subsection:

     "(2) The Director has all the powers of, or exercisable by, a Secretary under the Public Service Act 1922 so far as those powers relate to the branch of the Australian Public Service comprising the staff mentioned in subsection (1) as if that branch were a separate Department of the Service.";

     (b) by omitting from subsection (3) "and with the approval of the Attorney-General or a person authorised in writing by the Attorney-General to grant approvals under this subsection";

     (c) by omitting from subsection (4) "subsection (1)" and substituting "subsection (3)";

     (d) by omitting from subsection (4) ", with the approval of the Public Service Board".

Delegation by Director

56.  Section 31 of the Principal Act is amended by inserting in subsection (1) "(other than the Associate Director)" after "Office".

PART 7—AMENDMENTS OF THE PROCEEDS OF CRIME ACT 1987

Principal Act

57. In this Part, "Principal Act" means the Proceeds of Crime Act 19876.

Interpretation

  58. (1) Section 4 of the Principal Act is amended:

     (a) by inserting "Australian Capital Territory and the" after "includes the" in the definition of "State" in subsection (1);

     (b) by inserting "Australian Capital Territory or the" after "include the" in the definition of "Territory" in subsection (1).

(2) Despite subsection (1), where, immediately before the commencing day:

  (a) an order or warrant under the Principal Act was in force; or

     (b) an application for such an order or warrant had been made but not finally dealt with;

and the indictable offence (or alleged or suspected indictable offence) concerned was an offence against a law of the Australian Capital Territory, the Principal Act continues to apply, on and after that day, in relation to:

  (c) the order, warrant or application; and

  (d)