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Public Service and Statutory Authorities Amendment Act 1980

No. 177 of 1980

An Act to amend the Public Service Act 1922 and certain other Acts

[Assented to 17 December 1980]

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 and Statutory Authorities Amendment Act 1980.

Commencement
2. (1) Sections 1, 2, 3 and 4, sub-sections 5(2) and 7(2), (5), (6) and (7), sections 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19, sub-sections 21(1) and 37(5), sections 38, 43 and 44, sub-section 45(10) and sections 46 to 66 (inclusive) shall come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to sub-sections 7(5), (6) and (7), the remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamatiom.

PART II—AMENDMENTS OF PUBLIC SERVICE ACT

Principal Act
3. The Public Service Act 1922 is in this Part referred to as the Principal Act.

Interpretation
4. Section 7 of the Principal Act is amended by inserting after the definition of "Officer" in sub-section (1) the following definition:
     "'overseas' means outside Australia and the Territories;".

Exempt officers and employees
5. (1) Section 8a of the Principal Act is amended—
     (a) by omitting from sub-section (1) "and" and substituting "(other than section 30) or"; and
     (b) by omitting from sub-section (3) "including" and substituting "excluding".

(2) Section 8a of the Principal Act is amended by inserting after sub-section (3) the following sub-section:
"(3a) Where—
     (a) an order under this section is in force in relation to an officer or employee; and

     (b) a determination under sub-section (3) that is applicable in relation to the officer or employee is inconsistent with a provision of a determination in force under sub-section 9(7a) or section 82d, not being a provision with respect to terms and conditions of employment overseas,
that provision does not apply in relation to the officer or employee.".

(3) Section 8a of the Principal Act is amended by omitting from sub-section (4) "section 8b" and substituting "sub-section 9(7a) or section 82d with respect to employment overseas".

(4) Where an order under sub-section 8a(1) of the Principal Act that was in force immediately before the commencement of this sub-section declared that section 30 of the Public Service Act 1922 should not apply to an officer or employee, or to a class of officers or employees, the amendments of section 8a of the Principal Act made by sub-section (1) of this section do not apply to or in relation to