Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p9
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 22354–25279

a person to continue to exercise a power or function as if the power or function had been delegated to the person by the relevant Secretary or as if the relevant Secretary had authorised or appointed the person to exercise the power or perform the function, the relevant Secretary shall be deemed for all purposes to have so delegated the power or function or so authorised or appointed the person.

Repeal of Division 3 of Part III
19. (1) Division 3 of Part III of the Principal Act is repealed.
(2) A determination in force under section 32 of the Principal Act immediately before the commencement of this section shall be deemed to have been made under sub-section 33a (1a) of the Public Service Act 1922.

Interpretation
20. Section 33aaa of the Principal Act is amended—
     (a) by inserting after the definition of "Committee" in sub-section (1) the following definition:

         "non-appellable promotion' means a promotion under section 50 to an office having—
            (a) a classification equal to or higher than the classification of Clerical Administrative Class 9; or
            (b) a classification equivalent to a classification referred to in paragraph (a), being a classification prescribed, or included in a class of classifications prescribed, by the regulations,
        being a promotion notified in the Gazette after the commencement of section 20 of the Public Service Legislation (Streamlining) Act 1986";
     (b) by omitting "or 50da (8)" from sub-paragraph (b) (i) of the definition of "prescribed day" in sub-section (1) and substituting ", 50da (8) or 50db (8)"; and
     (c) by omitting paragraphs (4) (e) and (f) and substituting the following word and paragraph:
         "or (e) the promotion against which the appeal was made lapses under regulations made under section 50e.".

Application of merit principle, prohibition of patronage, &c.
21. Section 33 of the Principal Act is amended—
     (a) by omitting from sub-paragraph (1) (b) (ii) "and other attributes" and substituting ", personal qualities and potential for development";
     (b) by omitting sub-section (2) and substituting the following sub-section:
    "(2) Without limiting the generality of sub-section (1), powers under this Act shall be exercised without patronage or favouritism.";
     (c) by omitting from sub-section (3) "in accordance with procedures that preclude" and substituting "without";
     (d) by omitting from paragraph (3) (b) "and" and substituting "or"; and
     (e) by adding at the end the following sub-section:
    "(6) A reference in this section to the exercise of a power under this Act includes a reference to the making of a report or recommendation in relation to the exercise of such a power.".

Notification of certain matters related to appointment, transfer, promotion or advancement
22. (1) Section 33a of the Principal Act is amended—
     (a) by inserting after sub-section (1)