Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC SERVICE REGULATIONS (AMENDMENT) 1993 NO. 27

STATUTORY RULES 1993 No. 27

Public Service Act 1922

Public Service Regulations (Amendment)

Issued by the authority of the Prime Minister

Paragraph 97(1)(aa) of the Public Service Act 1922 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.

Section 52 of the Act provides a mechanism whereby an officer may apply for permission to decline an intradepartmental transfer.

Subsection 52(2) of the Act provides that an application under subsection 52(1) to decline a transfer shall be made in writing and within a prescribed period.

Section 29 of the Industrial Relations Legislation Amendment Act (No.2) 1992 (IR Amendment Act) amends section 49E of the Act to exclude the application of section 52 to Senior Executive Service officers. A Senior Executive Service officer will no longer be able to apply to decline an intradepartmental transfer.

Section 2 of the IR Amendment Act provides for the commencement of various provisions of the IR Amendment Act. In accordance with subsection 2(3) the amendments to the Public Service Act 1922 commence on the 28th day after the day on which the IR Amendment Act receives the Royal Assent.

The IR Amendment Act received the Royal Assent on 24 December 1992. Consequently section 29 commenced on 21 January 1993.

Regulation 106A of the Public Service Regulations (the regulations) provides the period within which an application to decline a transfer under subsection 52(1) may be made by a Senior Executive Service officer.

Regulation 106A has no application following the commencement of section 29 of the IR Amendment Act. These regulations amend the Public Service Regulations to omit regulation 106A.

Regulation 1 of the amending Regulations provides that the Public Service Regulations are amended as set out in the Regulations.

Regulation 2 of the amending Regulations provides that regulation 106A of the Public Service Regulations is omitted

The proposed Regulations commence on date of gazettal.