Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p20
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 51977–55035

the Service under section 82AJ, means the Secretary to the Department in which the person was employed immediately before being taken to have so retired or, if that Department has ceased to exist, the Secretary to such Department as the Commissioner directs.".

SCHEDULE 1—continued

Section 82C:

Insert:

" 'award of a State industrial authority' means an award, order, decision or determination of a State industrial authority;

'State industrial authority' means a State industrial authority within the meaning of the Industrial Relations Act 1988.".

Paragraph 82E(1)(a):

Omit "or of an industrial award", substitute "of an industrial award, or of an award of a State industrial authority".

Sections 82F and 82G:

Repeal the sections, substitute:

Determination is a disallowable instrument

"82F.(1) Subject to subsection (2), a determination under this Division is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

"(2) Paragraphs 48(1 )(a) and (b) and subsection 48(2) of the Acts Interpretation Act 1901, and subsections 5(3) to (3C) (inclusive) of the Statutory Rules Publication Act 1903, do not apply to a determination under this Division.".

Subsection 87J(1) (definition of "prescribed authority"):

Omit "or of the Northern Territory, other than a body the staff of which consists of members of the Public Service of that Territory".

Subsection 87J(1) (definition of "prescribed office"):

Omit the definition, substitute:

" 'prescribed office" means an office or appointment the holder of which is appointed by the Governor of a State or by a Minister of a State;".

Subsection 87J(1) (paragraph (a) of the definition of "statutory authority"):

Omit "other than the Northern Territory".

Subsection 87J(1):

Insert:

" 'Territory' does not include the Northern Territory;".

After subsection 87J(2):

Insert:

"(2A) A reference in this section:

    (a) to a State must be read as including the Northern Territory; and

SCHEDULE 1—continued

    (b) to a Governor of a State must be read as including the Administrator of the Northern Territory; and

    (c) to a Minister of a State must be read as including an Executive Member of the Legislative Assembly of the Northern Territory; and

    (d) to a Premier of a State must be read as including the Chief Minister of the Northern Territory.".

Paragraph 87J(4)(b):

Omit "other than the Northern Territory".

Subsection 87N(1):

Omit "Board", substitute "Commissioner".

Subparagraph 87N(7)(a)(i):

Insert "and at a specified rate of salary" after "classification".

Paragraph 87N(8)(b):

Omit "Board", substitute "Committee".

Public Service Reform Act 1984

Subsection 151(6):

Omit the subsection.

Resource Assessment Commission Act 1989

Section 3 (paragraph (a) of the definition of "Commonwealth authority"):

After "law of the Commonwealth" insert "(other than the Administration of the Territory of Norfolk Island established under subsection 5(2) of the Norfolk Island Act 1979)".

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 SCHEDULE 2 Subsection 4(1)