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Public Service Bill 1997 [No. 2]

Part 10 Administrative arrangements and re-organisations


71   Arrangements with States and Territories

             (1)  The Prime Minister may arrange with an appropriate authority of a State:

                     (a)  for an APS employee to perform services for the State as an APS employee; or

                     (b)  for a State employee to perform services in an Agency as a State employee.

             (2)  In this section:

State means a State or Territory or an authority of a State or Territory.

72   Machinery of government changes

             (1)  The Commissioner may do any of the following, if the Commissioner is satisfied that it is necessary or desirable in order to give effect to an administrative re-arrangement:

                     (a)  move APS employees to another Agency (without anyone’s consent), by a determination in writing;

                     (b)  determine in writing that APS employees cease to be APS employees and become employees of a specified Commonwealth authority;

                     (c)  determine in writing that non-APS employees cease to be employed as non-APS employees and become engaged as APS employees in a specified Agency;

                     (d)  on behalf of the Commonwealth, engage any person as an APS employee in a specified Agency.

             (2)  A determination by the Commissioner has effect according to its terms, by force of this section.

             (3)  Division 3 of Part VIA of the Workplace Relations Act 1996 does not apply to termination of employment under this section.

             (4)  In this section:

administrative re-arrangement means any increase, reduction or re-organisation in Commonwealth functions, including one that results from an order by the Governor-General.

Commonwealth authority includes a company in which the Commonwealth has a controlling interest.

non-APS employee means a person who is employed by the Commonwealth or by a Commonwealth authority, but does not include an APS employee.