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ACT 1978

        134. Principal Act
        135. Staff

Public Service Legislation (Streamlining) Act 1986

No. 153 of 1986

An Act to amend certain legislation relating to the Australian Public Service, and for related purposes

[Assented to 18 December 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title
1. This Act may be cited as the Public Service Legislation (Streamlining) Act 1986.

Commencement
2. (1) Sections 1, 2, 3, 103, 126, 130, 132 and 134 shall come into operation on the day on which this Act receives the Royal Assent.
(2) Section 20, sub-section 22 (2), sections 36, 38 to 41 and 44, sub-sections 45 (1) and (3) and sections 46, 102 and 105 shall come into operation on a day to be fixed by Proclamation.
(3) Section 43, sub-section 45 (2), sections 70 to 76, 78, 87, 113, 115 and 116, sub-section 122 (2) and sections 123, 125, 129 and 131 shall come into operation on a day to be fixed by Proclamation.
(4) Sections 110 and 112 shall come into operation on a day to be fixed by Proclamation.
(5) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.

PART II—AMENDMENTS OF PUBLIC SERVICE ACT 1922

Principal Act
3. The Public Service Act 19221 is in this Part referred to as the Principal Act.

Repeal of section 5
4. Section 5 of the Principal Act is repealed.

Interpretation
5. Section 7 of the Principal Act is amended—
     (a) by omitting from sub-section (1) the definition of "Appeal Board" and substituting the following definitions:
         " 'Agency' means the Merit Protection and Review Agency established by the Merit Protection Act;
         'authorised medical practitioner' means a medical practitioner authorised, by the Secretary to the Department of Health, to—
            (a) perform medical examinations; and
            (b) make recommendations in relation to redeployment or retirement,
        under this Act;";
     (b) by omitting from sub-section (1) the definition of "Chief Officer";
     (c) by inserting after the definition of "industrial award" in sub-section (1) the following definition:
         " 'Merit Protection Act' means the Merit Protection (Australian Government Employees) Act 1984;"; and
     (d) by omitting sub-sections (3) and (4) and substituting the following sub-section:
    "(3) An officer of a Department is an excess officer for the purposes of a provision of this Act if—
         (a) the officer is included in a class of officers employed in the Department, which class comprises a greater number of officers than is necessary for the efficient and economical working of the Department;

         (b) the services of the officer cannot be effectively