Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p13
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 31231–34040

delegation in force under section 16 of the Principal Act immediately before the commencement of this section includes a reference to such an instrument that is to be taken to have been in force by reason of the operation of sub-section (3).

Records of officers
13. Section 21 of the Principal Act is amended—
     (a) by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs:
       "(a) if he is occupying an office—the designation of that office; or

       "(b) if he is an unattached officer performing duties in a Department—the designation applicable to him as a person performing those duties."; and
     (b) by omitting sub-sections (3), (4) and (5).

Division heading
14. The heading to Division 1 of Part III of the Principal Act is repealed and the following heading is substituted:

"Division 1—Permanent Heads and Chief Officers".

Repeal of sections 23 and 24
15. Sections 23 and 24 of the Principal Act are repealed.

Permanent Heads
16. Section 25 of the Principal Act is amended—
     (a) by omitting from sub-section (3) "Permanent Head" (wherever occurring) and substituting "relevant Permanent Head";
     (b) by adding at the end of sub-section (4) "as if those branches of the Service were separate Departments";
     (c) by omitting sub-section (4a);
     (d) by inserting in sub-section (5) "or to a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister" after "delegate to an officer"; and
     (e) by omitting sub-section (7).

Chief Officers
17. (1) Section 26 of the Principal Act is amended—
     (a) by omitting paragraph (1) (b) and substituting the following paragraph:
         "(b) an officer or employee appointed by the Board, on the recommendation of the relevant Permanent Head, to be a Chief Officer of that Department."; and
     (b) by omitting sub-section (3) and substituting the following sub-sections:
     "(3) In the event of—
           (a) the absence from duty or from Australia; or
           (b) a vacancy occurring in the office,
      of a person who is a Chief Officer, an officer or employee appointed for the purpose by the relevant Permanent Head shall, unless the Governor-General otherwise directs, perform the duties of the Chief Officer, and anything done by that officer or employee shall be as valid and effective for all purposes and against all persons as if done by the Chief Officer.

     "(4) The Board may, on the recommendation of a Permanent Head who has the control of a branch or part of the Service, determine, in writing, that the holder of a specified Commonwealth office has, and may exercise and perform, in relation to—
           (a) specified officers or a specified class of officers of, or performing duties in, that branch or part of the Service; or