ACT Branch means the branch of the Australian Public Service referred to in subsection 21(2) of the A.C.T. Self-Government (Consequential Provisions) Act 1988.

ACT officer means a person who is an officer within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory.

Public Service Act means the Public Service Act 1922.

transfer day means the day on which this Act commences.

(2)

An expression used in the Public Service Act, when used in this Act, has the same meaning as in the Public Service Act.

(1)

In this section, 1989 direction means the direction given by the Public Service Commissioner on 9 June 1989 under subsection 33C(2) of the Public Service Act and relating to the inclusion of certain unattached officers in the ACT Branch.

(2)

The 1989 direction is to be taken to have had the effect of including in the ACT Branch the unattached officers to whom the direction was expressed to apply and to have so included those officers on 9 June 1989.

(3)

A person to whom this subsection applies is to be taken to have been, on 9 June 1989, included in the ACT Branch.

(4)

Subsection (3) applies to a person if:

(a)

the person was, on 9 June 1989, an unattached officer; and

(b)

the last office held by the person before that date was an office the duties of which related, wholly or substantially, to matters that, as at 9 June 1989, were dealt with by the ACT Branch.

(1)

On the transfer day, an officer of the Australian Public Service to whom this subsection applies ceases, by force of this section, to be an officer of the Australian Public Service.

(2)

Subsection (1) applies to the following officers:

(a)

an officer who holds an office included in the ACT Branch, whether or not the officer was performing the duties of that office immediately before the transfer day;

(b)

an officer to whom Division 2 of Part IV of the Public Service Act applies and who is included in the ACT Branch;

(c)

an officer to whom the repealed Officers' Rights Declaration Act 1928 applies by virtue of section 87TA of the Public Service Act and who is included in the ACT Branch;

(d)

an unattached officer, other than an officer referred to in paragraph (b) or (c), who is included in the ACT Branch.

(3)

On the transfer day:

(a)

a person employed under Division 10 of Part III of the Public Service Act to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed; and

(b)

a person otherwise employed by the Commonwealth to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed.

(4)

Subsection (3) applies to a person whether or not the person was actually performing duties in the ACT Branch immediately before the transfer day.

(1)

This section applies where before the commencement of the Public Service Act 1999:

(a)

a person ceases to be an officer of the Australian Public Service and becomes an ACT officer; or

(b)

a person ceases to be an ACT officer and becomes an officer of the Australian Public Service.

(2)

In a case referred to in paragraph (1)(a), the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) may deliver to the appropriate authority of the Australian Capital Territory all records kept by the Secretary or Agency Head in relation to the person and reasonably necessary to be so delivered in connection with the employment of the person as an ACT officer.

(3)

In a case referred to in paragraph (1)(b), records kept, in relation to the person, for the purposes of the Australian Capital Territory Government Service may be delivered to the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) if it is reasonably necessary for the records to be so delivered in connection with the employment of the person as an officer of the Australian Public Service.

(4)

Personal information contained in records delivered to an authority under subsection (2) may be used as if the information had been collected by the authority for the purposes of the Australian Capital Territory Government Service.

(5)

Personal information contained in records delivered to a Secretary or Agency Head under subsection (3) may be used as if the information had been collected by the Secretary for the purposes of the Australian Public Service.

(1)

If, but for this subsection, an officer to whom subsection 5(1) applies would have been, on the transfer day, an officer to whom a provision of Part IV of the Public Service Act applied:

(a)

Part IV of that Act ceases, on the transfer day, to have any application to the officer; and

(b)

in the case of an officer to whom a provision of Division 4 of Part IV of that Act would have applied, the repealed Officers' Rights Declaration Act 1928 ceases, on the transfer day, to have any application to the officer.

(2)

If:

(a)

but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and

(b)

the Department in which the person last held an office before that day was the ACT Branch;

the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies.

(3)

If:

(a)

but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and

(b)

the last office held by that person before that day was an office the duties of which related, wholly or substantially, to matters that, as at the transfer day, were dealt with by the ACT Branch;

the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies.

(4)

To the extent that they prescribe Calvary Hospital A.C.T. Incorporated for the purposes of paragraph (d) of the definition of public authority in subsection 87(1) of the Public Service Act, regulations under that Act cease to have effect on the transfer day.

An Agency Head (within the meaning of the Public Service Act 1999) may arrange with an appropriate authority of the Australian Capital Territory:

(a)

for the services of officers or employees in the Agency (within the meaning of that Act) to be made available to the authority; or

(b)

for the services of officers or employees of the Australian Capital Territory Government Service to be made available to the Agency Head.

In this Part, Principal Act means the A.C.T. Self-Government (Consequential Provisions) Act 1988.

Section 21 of the Principal Act is amended by omitting subsection (5).

Schedule 1 to the Principal Act is repealed.

(1)

Regulations in force under section 31 of the Principal Act immediately before the transfer day, to the extent that they have the effect of:

(a)

modifying section 7, 22B, 22C, 87 or 87J of the Public Service Act 1922; or

(b)

modifying the Public Service Act 1922 by inserting Part IVA;

cease to have effect on the transfer day.

(2)

Section 8 of the Acts Interpretation Act 1901, in its application by virtue of section 46 of that Act, has effect in relation to regulations to which subsection (1) applies as if, to the extent that they cease to have effect on the transfer day, the regulations had been repealed on that day by regulations.

Schedule 5 to the Principal Act is amended:

(a)

by omitting the items relating to subsection 4(1) of the Industrial Relations Act 1988 and substituting the items set out in Part 1 of Schedule 1;

(b)

by adding at the end of the items relating to the Industrial Relations Act 1988 the items set out in Part 2 of Schedule 1.

(1)

In this section, Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.

(2)

Schedule 5 to the Principal Act is amended:

(a)

by inserting "of" in the item relating to paragraph 5(1)(b) of the Maternity Leave Act after "law";

(b)

by inserting "of" in the item relating to paragraph 5(2)(b) of the Maternity Leave Act after "law";

(c)

by omitting the item inserting paragraph 5(3)(aa) in the Maternity Leave Act and substituting the following item:

After paragraph 5(3)(a): Insert the following paragraph:

"(aa) a person who holds an office defined by section 73 of the Australian Capital Territory (Self-Government) Act 1988 or an office established by or under an enactment as defined by section 3 of that Act;".

Schedule 5 to the Principal Act is amended:

(a)

by omitting the item that inserts definitions of ACT enactment, Self-Government Act and Territory authority in subsection 3(1) of the Merit Protection (Australian Government Employees) Act 1984 and substituting the item set out in Part 3 of Schedule 1;

(b)

by omitting the item that inserts section 6A in the Merit Protection (Australian Government Employees) Act 1984.

Schedule 5 to the Principal Act is amended by inserting after the items relating to the Merit Protection (Australian Government Employees) Act 1984 the heading and items set out in Part 4 of Schedule 1.

(1)

Schedule 5 to the Principal Act is amended by omitting the items relating to subsection 4(1), subparagraph 5(2)(c)(ii) and subsection 5(8) of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 and the heading immediately before those items referring to that Act.

(2)

Schedule 5 to the Principal Act is amended by omitting the heading "Remuneration Tribunals Act 1973" and the item relating to subsection 3(3) of that Act and substituting the headings and items set out in Part 5 of Schedule 1.

(1)

Items in Schedule 5 to the Principal Act, as amended by this Act, that have not commenced under section 2 of the Principal Act commence immediately after the commencement of this Act.

(2)

This section has effect in spite of subsection 2(3) of the Principal Act.

The Acts specified in Schedule 2 are amended as set out in that Schedule.

(1)

Until a day fixed by or under an ACT enactment for the purposes of this subsection, the Privacy Act 1988, as amended by this Act, has effect as if it had been further amended as set out in Schedule 3.

(2)

On and after the day fixed for the purposes of subsection (1), section 8 of the Acts Interpretation Act 1901 has effect as if subsection (1) and Schedule 3 had been repealed on that day by an Act.

(3)

In this section, ACT enactment has the same meaning as enactment has in the Australian Capital Territory (Self-Government) Act 1988.

(1)

This section applies to a person who is engaged under section 22 of the Public Service Act 1999.

(3)

If, immediately before a person to whom this section applies ceases to be an ACT officer, the person has an entitlement, as such an officer, to leave of absence for recreation, the person retains that entitlement, on engagement as an APS employee, as if the entitlement had accrued under the Public Service Act 1999.

(4)

The Public Service Act 1999 has effect, in relation to the accrual, on and after the engagement of a person as an APS employee, of the person's entitlement to leave of absence for recreation in relation to a period since the person last gained an entitlement, as an ACT officer, to leave of absence for recreation as if service by the person as an ACT officer during that period had been service as an APS employee.

(5)

If, immediately before the engagement of a person as an APS employee, the person has an entitlement, as an ACT officer, to be paid a recreation leave loading, the person retains the entitlement as if the entitlement had accrued under the APS Award 1998, but the entitlement is subject to the provisions of that award as if it had arisen under that award.

(6)

The reference in subsection (5) to a recreation leave loading is a reference to a payment that corresponds, or substantially corresponds, to a payment under the APS Award 1998.

(1)

If, but for this section:

(a)

an amount would become due to a person:

(i)

under the Public Service Act, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or

(ii)

under the Long Service Leave (Commonwealth Employees) Act 1976; and

(b)

the amount would become due solely because of the operation of section 5 of this Act in relation to the person;

the amount does not become due.

(2)

If, but for this section:

(a)

an amount would become due to a person:

(i)

under the Public Service Act 1999, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or

(ii)

under the Long Service Leave (Commonwealth Employees) Act 1976; and

(b)

the amount would become due solely because of the resignation of the person from the Australian Public Service for the purpose of his or her being appointed to the Australian Capital Territory Government Service;

the amount does not become due on the person's resignation from the Australian Public Service.

(3)

This section has effect in spite of any provision of:

(a)

the Long Service Leave (Commonwealth Employees) Act 1976; or

(b)

the Public Service Act 1922 or the Public Service Act 1999; or

(c)

any regulations or determination made under either of those Acts.

(1)

The Governor-General may make regulations providing for modifications of an Act in its application in relation to:

(a)

any matter arising from, connected with, or consequential on the establishment of the Australian Capital Territory Government Service; or

(b)

any matter arising from, connected with, or consequential on the amendments of the Public Service Act made by this Act.

(2)

Regulations may not be made under subsection (1) after the end of a period of 2 years beginning on the transfer day.

(3)

The Governor-General may make regulations providing for modifications of this Act or any other Act in its application in relation to any matter arising from or connected with, or consequential on, an ACT officer becoming an employee by or under a law of the Territory of a body corporate controlled by the Territory before, on or after the commencement of this subsection.

(4)

Regulations may not be made under subsection (3) after 30 June 1998.

(5)

In this Section:

Territory means the Australian Capital Territory.

Sections 16, 18, 19 and 20

After paragraph (b) insert the following paragraphs:

"(ba) under a law of the Australian Capital Territory relating to employment by that Territory, including a law relating to the Australian Capital Territory Government Service;

(bb)

by or in the service of:

(i)

an enactment authority as defined by section 3 of the A.C.T. Consequential Provisions Act; or

(ii)

a body corporate incorporated under a law of the Australian Capital Territory and in which the Australian Capital Territory has a controlling interest;

other than a prescribed authority or body;"

Subsection 4(1):

Insert the following definitions: