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PRIME MINISTER AND CABINET (MISCELLANEOUS PROVISIONS) BILL 1993

Order of the day read for the adjourned debate on the motion of the

Minister for Veterans' Affairs (Senator Faulkner)--That this bill be now

read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the

bill.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: The Parliamentary Secretary to the Minister for

Primary Industries and Energy (Senator Sherry) tabled a supplementary

explanatory memorandum and a further supplementary explanatory

memorandum relating to the Government amendments to be moved to the

bill.

On the motion of Senator Sherry the following amendments, taken together

by leave, were agreed to:

Clause 18, page 8, paragraph (d), proposed subsection 3(17), lines 6 to

14, omit the subsection, substitute the following subsection:

""(17) Subsection (16) applies to the following references:

(a) a reference in any of the following provisions to the

responsible Minister:

(i) paragraph 8(7A)(b);

(ii) subsections 8(8) and (9);

(iii) paragraph 8(10)(c);

(iv) subsection 11A(5);

(v) subparagraph 35(3)(b)(i);

(b) the reference in paragraph 8(10)(a) to the Minister

administering a Department;

(c) the reference in subsection 15(6) to the Minister concerned.".

Clause 18, page 8, at end of clause, add the following subclause:

"(2) On the day on which the Public Service (Parliamentary

Departments) Amendment Act 1994 comes into operation, section 3 of the

Principal Act, as amended by this Act, is further amended by omitting

from subsection (1) the definition of "Parliamentary Department' and

substituting the following definition:

""Parliamentary Department" means:

(a) the Department of the Senate; or

(b) the Department of the House of Representatives; or

(c) the Department of Parliamentary Library and Reporting Services;

or

(d) the Joint House Department;'.".

After clause 22, page 12, insert the following clause:

Investigations

"22A. Section 8 of the Principal Act is amended by omitting subsection

(8) and substituting the following subsection:

"(8) The Ombudsman may, either before or after the completion of an

investigation under this Act, discuss any matter relevant to the

investigation with:

(a) the responsible Minister; or

(b) any other Minister concerned with the matter.'.".

Clause 51, page 25, proposed Schedule 2, entry relating to the

Department of the Arts and Administrative Services, omit "the Arts and".

Clause 51, page 25, proposed Schedule 2, after entry relating to the

Attorney-General's Department, insert the following entry:

"The Department of Communications and the Arts".

Clause 51, page 25, proposed Schedule 2, entry relating to the

Department of Health, Housing, Local Government and Community Services,

omit the entry, substitute the following entry:

"The Department of Human Services and Health".

Clause 51, page 25, proposed Schedule 2, entry relating to the

Department of Transport and Communications, omit "and Communications".

Clause 51, page 26, proposed Schedule 3, entry relating to the Secretary

to the Department of the Arts and Administrative Services, omit "the

Arts and".

Clause 51, page 26, proposed Schedule 3, after entry relating to the

Secretary to the Attorney-General's Department, insert the following

entry:

"The Secretary to the Department of Communications and the Arts".

Clause 51, page 26, proposed Schedule 3, entry relating to the Secretary

to the Department of Health, Housing, Local Government and Community

Services, omit the entry, substitute the following entry:

"The Secretary to the Department of Human Services and Health".

Clause 51, page 26, proposed Schedule 3, entry relating to the Secretary

to the Department of Transport and Communications, omit "and

Communications".

Clause 57, page 27, proposed paragraph 57B(a), lines 29 and 30, omit "by

virtue of an appointment under", substitute "under an appointment that

is a fixed-term appointment for the purposes of".

Clause 57, page 28, at end of proposed section 57B, add the following

subsections:

""(2) For the purposes only of this Division, if, after ceasing to

hold an office of Secretary under the Public Service Act, a person

continues as an officer by virtue of a direction under subsection

37(6) of that Act, the following provisions have effect:

(a) if the person ceased to hold the office of Secretary because the

office was abolished, the office is to be taken to have been

abolished at the same time as the person ceases to be an officer

by virtue of the direction, and the person is to be taken to

have ceased to be an eligible employee because of the abolition

of the office;

(b) if the person ceased to hold the office of Secretary because the

term of his or her appointment to the office expired, that term

is to be taken to have expired at the same time as the person

ceases to be an officer by virtue of the direction, and the

person is to be taken to have ceased to be an eligible employee

because of the expiration of the term of the appointment;

(c) if the person ceased to hold the office of Secretary because his

or her appointment to the office was terminated before the

expiration of the term of the appointment, the appointment is to

be taken to have been terminated at the same time as the person

ceases to be an officer by virtue of the direction, and the

person is to be taken to have ceased to be an eligible employee

because of the termination of the appointment.

"(3) For the purposes only of this Division, if, after ceasing to hold

a Commonwealth office within the meaning of Part IV of the Public

Service Act, a person continues as an officer by virtue of a direction

under subsection 87ZCA(1) of that Act, the following provisions have

effect:

(a) if the person ceased to hold the Commonwealth office because the

office was abolished, the office is to be taken to have been

abolished at the same time as the person ceases to be an officer

by virtue of the direction, and the person is to be taken to

have ceased to be an eligible employee because of the abolition

of the office ;

(b) if the person ceased to hold the Commonwealth office because the

term of his or her appointment to the office expired, that term

is to be taken to have expired at the same time as the person

ceases to be an officer by virtue of the direction, and the

person is to be taken to have ceased to be an eligible employee

because of the expiration of the term of the appointment;

(c) if the person ceased to hold the Commonwealth office because his

or her appointment was terminated before the expiration of the

term of the appointment, the appointment is to be taken to have

been terminated at the same time as the person ceases to be an

officer by virtue of the direction, and the person is to be

taken to have ceased to be an eligible employee because of the

termination of the appointment.".

Clause 58, page 28, lines 6 to 8, omit the clause, substitute the

following clause:

Early retirement--voluntary or involuntary retirement

"58. Section 58 of the Principal Act is amended:

(a) by omitting from subsection (1) all words after "early

retirement' and substituting the following word and paragraphs:

"if:

(a) the person is deemed by subsection (2) to have retired

voluntarily; or

(b) the person is deemed by subsection (3) to have retired

involuntarily; or

(c) the person is deemed by section 58A or 58B to have retired

involuntarily.';

(b) by omitting paragraph (3)(c);

(c) by inserting after "(2) and (3)' in subsection (4) "and sections

58A and 58B'.".

Clause 63, page 34, after subclause (1), insert the following subclause:

"(1A) Subsection (1) does not apply to a person who ceases to be an

eligible employee because of retirement on the ground of invalidity.".

Clause 63, page 35, paragraph (3)(a), lines 21 and 22, omit "because of

the appointment or employment of the person in a position or office",

substitute "because the person was a temporary employee within the

meaning of the Principal Act".

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Teague) resumed the Chair and the

Temporary Chairman of Committees (Senator Calvert) reported accordingly.

On the motion of Senator Sherry the report from the committee was

adopted and the bill read a third time.