Document ID: chunk:federal_register_of_legislation:C2004C00956:schedule:4
Version: federal_register_of_legislation:C2004C00956
Segment Type: schedule
Provision Reference: sch 4
Character Range: 35934–38189

Schedule 4—Modifications of Merit Protection (Australian Government Employees) Act 1984

Section 25

After subsection 3(1)
Insert the following subsection:

 (1A) Except so far as the contrary intention appears, expressions in this Act have the same meanings as in the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

Subsection 43(5)
Omit "Prime Minister", substitute "Chief Minister".

Subsection 43(6):
Omit the subsection, substitute the following subsection:

 (6) Where the Agency has, in accordance with subsection (5), given information to the Chief Minister in relation to a recommendation, the Agency may also forward to the Presiding Officer for presentation to the Assembly copies of a report prepared by it concerning the recommendation for presentation to the Assembly.

Section 44
Omit "Public Service Board" (wherever occurring), substitute "Head of Administration".

Section 52
Omit "Prime Minister", substitute "Chief Minister".

Section 53
Omit all words from and including "Prime Minister" to and including "Parliament", substitute "Chief Minister in relation to a report concerning an investigation made by the Agency, the Agency may also forward to the Presiding Officer for presentation to the Assembly copies of a report prepared by it concerning the investigation for presentation to the Assembly".

Subsection 56(1)
Omit "Minister or the Public Service Board", substitute "Chief Minister".

After subsection 59(4)
Insert the following subsection:

 (4A) Where the Chief Minister gives to the Director a certificate certifying that the disclosure to the Director of information concerning a specified matter (including the giving of information in answer to a question) or the disclosure to the Director of the contents of any documents or records would be contrary to the public interest because it would involve the disclosure of deliberations or decisions of the Executive or a Committee of the Executive, the Director is not entitled to require a person to give any information concerning the matter, to answer questions concerning the matter or to produce those documents or records to the Director.

Subsection 61(4)
After "59(4)" insert "or the Chief Minister has given a certificate under subsection 59(4A)".