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Public Service Bill 1997 [No. 2]

Part 11 Miscellaneous

   

73   Payments in special circumstances

             (1)  The Public Service Minister may authorise the making of payments to a person under subsection (2) if the Public Service Minister considers it appropriate to do so because of special circumstances that relate to, or arise out of:

                     (a)  the payee’s employment by the Commonwealth; or

                     (b)  another person’s employment by the Commonwealth.

             (2)  The Public Service Minister may authorise the making of any of the following payments:

                     (a)  one or more payments of an amount or amounts specified in the authorisation (or worked out in accordance with the authorisation);

                     (b)  periodical payments of an amount specified in the authorisation (or worked out in accordance with the authorisation), during a period specified in the authorisation (or worked out in accordance with the authorisation).

             (3)  Payments may be authorised under this section even though the payments would not otherwise be authorised by law or required to meet a legal liability.

             (4)  An authorisation cannot be made under this section if it would involve, or be likely to involve, a total amount of more than $100,000.

             (5)  Conditions may be attached to payments under this section. If a condition is breached, the payment may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.

             (6)  Payments under this section are to be made out of money appropriated by the Parliament for the purposes of this section.

74   Locally engaged employees

             (1)  An Agency Head, on behalf of the Commonwealth, may engage persons overseas to perform duties overseas as employees.

             (2)  Subject to this Act, an Agency Head, on behalf of the Commonwealth, has all the rights, duties and powers of an employer in respect of locally engaged employees in the Agency.

             (3)  An Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under this section in relation to particular individuals.

             (4)  This section does not, by implication, limit any other power of an Agency Head to engage persons to work overseas.

75   Attachment of salaries to satisfy judgment debts

             (1)  The regulations:

                     (a)  may provide for deductions to be made from the salary of a Secretary, the Head of an Executive Agency or an APS employee in order to satisfy a judgment debt; and

                     (b)  may prescribe fees payable in connection with such deductions.

             (2)  In this section:

judgment debt includes interest on a judgment debt.

76   Release of personal information

                   The regulations:

                     (a)  may authorise the disclosure, in specific circumstances, of personal information (within the meaning of the Privacy Act 1988 ); and

                     (b)  may impose restrictions on the collection, storage, access, use or further disclosure of information disclosed under regulations made for the purposes of paragraph (a).

77   Positions

             (1)  An Agency Head may, in writing, create positions in the Agency.

             (2)  An Agency Head may from time to time nominate any APS employee in the Agency to occupy a position in the Agency, but does not have to do so for all APS employees in the Agency.

             (3)  A provision of any Act that applies to APS employees who are nominated under this section to occupy a position applies in the same way to APS employees who are not nominated under this section to occupy a position.

78   Delegation s

             (1)  The Prime Minister may, in writing, delegate to another Minister any of the Prime Minister’s powers or functions under this Act (other than this section).

             (2)  The Public Service Minister may, in writing, delegate to:

                     (a)  another Minister; or

                     (b)  a Parliamentary Secretary;

any of the Public Service Minister’s powers or functions under this Act (other than this section or section 24).

             (3)  The Public Service Minister may, in writing, delegate to a senior official any of the Public Service Minister’s powers or functions under section 23 or 73.

             (4)  An Agency Minister may, in writing, delegate to a senior official any of the Agency Minister’s powers or functions under this Act (other than this section).

             (5)  The Commissioner may, in writing, delegate to a senior official any of the Commissioner’s powers or functions under this Act (other than this section).

             (6)  An Agency Head may, in writing, delegate to another person any of the Agency Head’s powers or functions under this Act (other than this section).

             (7)  A person (the first delegate) to whom powers or functions are delegated under subsection (5) or (6) may, in writing, delegate any of those powers or functions to another person (the second delegate ). However, if the first delegate is subject to directions in relation to the exercise of a power or function delegated under this subsection, the first delegate must give corresponding directions to the second delegate.

             (8)  A power or function that is exercised or performed by a person under a delegation under subsection (7) is taken, for the purposes of this Act, to have been exercised or performed by the person who originally delegated the corresponding power or function under subsection (5) or (6).

             (9)  A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function.

           (10)  In this section:

Parliamentary Secretary means a Parliamentary Secretary appointed under the Parliamentary Secretaries Act 1980 .

senior official means:

                     (a)  a person who holds any office or appointment under an Act; or

                     (b)  an SES employee or acting SES employee.

79   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  In particular, the regulations may prescribe penalties for offences against the regulations by way of fines of up to 10 penalty units.