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This is a Bill, not an Act. For current law, see the Acts databases.
2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Civilian Corps Amendment
Bill 2013
No. , 2013
(Foreign Affairs and Trade)
A Bill for an Act to amend the Australian Civilian
Corps Act 2011, and for related purposes
No. , 2013
Australian Civilian Corps Amendment Bill 2013
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Amendment of the Australian Civilian Corps Act 2011
3
Australian Civilian Corps Act 2011
3
Part 2--Amendment of the Australian Civilian Corps
Regulations 2011
6
Australian Civilian Corps Regulations 2011
6
Part 3--Amendment of the Prime Minister's Australian
Civilian Corps Directions 2012
10
Prime Minister's Australian Civilian Corps Directions 2012
10
Part 4--Amendment of the Director-General's Australian
Civilian Corps Directions 2011
11
Director-General's Australian Civilian Corps Directions 2011
11
Part 5--Transitional provisions
18
No. , 2013
Australian Civilian Corps Amendment Bill 2013
1
A Bill for an Act to amend the Australian Civilian
1
Corps Act 2011, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Australian Civilian Corps Amendment
5
Act 2013.
6
2 Commencement
7
This Act commences on the day this Act receives the Royal
8
Assent.
9
2
Australian Civilian Corps Amendment Bill 2013
No. , 2013
3 Schedule(s)
1
(1) Each Act, and each set of regulations or directions, that is specified
2
in a Schedule to this Act is amended or repealed as set out in the
3
applicable items in the Schedule concerned, and any other item in a
4
Schedule to this Act has effect according to its terms.
5
(2) The amendment of any regulation under subsection (1) does not
6
prevent the regulation, as so amended, from being amended or
7
repealed by the Governor-General.
8
(3) The amendment of any direction under subsection (1) does not
9
prevent the direction, as so amended, from being amended or
10
repealed by the Prime Minister or the Secretary of the Department
11
(as the case requires).
12
Amendments Schedule 1
Amendment of the Australian Civilian Corps Act 2011 Part 1
No. , 2013
Australian Civilian Corps Amendment Bill 2013
3
Schedule 1
--
Amendments
1
Part 1
--
Amendment of the Australian Civilian Corps
2
Act 2011
3
Australian Civilian Corps Act 2011
4
1 Section 4 (third paragraph)
5
Omit "Director-General of AusAID", substitute "Secretary of the
6
Department".
7
2 Section 5 (definition of AusAID)
8
Repeal the definition.
9
3 Section 5 (definition of Director-General)
10
Repeal the definition.
11
4 Section 5
12
Insert:
13
Secretary means the Secretary of the Department.
14
5 Section 11
15
Omit "Director-General, under the Minister,", substitute "Secretary".
16
6 Section 13 (heading)
17
Repeal the heading, substitute:
18
13 Secretary's directions about the Australian Civilian Corps Values
19
7 Subsection 13(1)
20
Omit "Director-General", substitute "Secretary".
21
8 Section 14 (heading)
22
Repeal the heading, substitute:
23
Schedule 1 Amendments
Part 1 Amendment of the Australian Civilian Corps Act 2011
4
Australian Civilian Corps Amendment Bill 2013
No. , 2013
14 Secretary must uphold and promote the Australian Civilian
1
Corps Values
2
9 Section 14
3
Omit "Director-General", substitute "Secretary".
4
10 Section 16 (heading)
5
Repeal the heading, substitute:
6
16 Secretary's directions about the Australian Civilian Corps Code
7
of Conduct
8
11 Subsection 16(1)
9
Omit "Director-General", substitute "Secretary".
10
12 Subsections 17(1), (2), (3) and (8)
11
Omit "Director-General", substitute "Secretary".
12
13 Subsections 17A(4), (5) and (6)
13
Omit "Director-General" (wherever occurring), substitute "Secretary".
14
14 Paragraph 17A(6)(b)
15
Omit "AusAID", substitute "the Department".
16
15 Subsections 17A(7) and (8)
17
Omit "Director-General" (wherever occurring), substitute "Secretary".
18
16 Paragraph 17A(8)(b)
19
Omit "AusAID", substitute "the Department".
20
17 Section 18 (heading)
21
Repeal the heading, substitute:
22
18 Employer powers etc. of Secretary
23
18 Subsections 18(1) and (2)
24
Omit "Director-General", substitute "Secretary".
25
Amendments Schedule 1
Amendment of the Australian Civilian Corps Act 2011 Part 1
No. , 2013
Australian Civilian Corps Amendment Bill 2013
5
19 Subsection 19(1)
1
Omit "Director-General", substitute "Secretary".
2
20 Subsection 20(1)
3
Omit "Director-General", substitute "Secretary".
4
21 Section 21
5
Omit "Director-General", substitute "Secretary".
6
22 Subsection 23(1)
7
Omit "Director-General", substitute "Secretary".
8
23 Subsections 24(1), (2), (3) and (4)
9
Omit "Director-General", substitute "Secretary".
10
24 Section 25 (heading)
11
Repeal the heading, substitute:
12
25 Limitation on Ministerial directions to Secretary
13
25 Section 25
14
Omit "Director-General" (wherever occurring), substitute "Secretary".
15
26 Paragraph 30(1)(b)
16
Omit "AusAID", substitute "the Department".
17
27 Subsection 30(2)
18
Omit "Director-General", substitute "Secretary".
19
28 Paragraph 30(2)(a)
20
Omit "AusAID", substitute "the Department".
21
Schedule 1 Amendments
Part 2 Amendment of the Australian Civilian Corps Regulations 2011
6
Australian Civilian Corps Amendment Bill 2013
No. , 2013
Part 2
--
Amendment of the Australian Civilian Corps
1
Regulations 2011
2
Australian Civilian Corps Regulations 2011
3
29 Regulation 3 (definition of ACC Register)
4
Omit "AusAID" (wherever occurring), substitute "the Department".
5
30 Regulation 3 (note)
6
Repeal the note.
7
31 Paragraph 6(1)(b)
8
Omit "Director-General", substitute "Secretary".
9
32 Subregulation 7(1)
10
Omit "Director-General", substitute "Secretary".
11
33 Regulation 8 (heading)
12
Repeal the heading, substitute:
13
8 Secretary's responsibility
14
34 Regulation 8
15
Omit "Director-General", substitute "Secretary".
16
35 Paragraph 8(c)
17
Omit "Director-General's", substitute "Secretary's".
18
36 Subparagraph 9(5)(b)(iii)
19
Omit "Director-General", substitute "Secretary".
20
37 Subregulation 10(2)
21
Omit "Director-General", substitute "Secretary".
22
38 Subregulations 11(1) and (3)
23
Omit "Director-General" (wherever occurring), substitute "Secretary".
24
Amendments Schedule 1
Amendment of the Australian Civilian Corps Regulations 2011 Part 2
No. , 2013
Australian Civilian Corps Amendment Bill 2013
7
39 Subregulations 12(2), (3) and (4)
1
Omit "Director-General" (wherever occurring), substitute "Secretary".
2
40 Paragraphs 13(b), (c) and (d)
3
Omit "Director-General", substitute "Secretary".
4
41 Regulation 14 (heading)
5
Repeal the heading, substitute:
6
14 Action by Secretary following review
7
42 Regulation 14
8
Omit "Director-General" (wherever occurring), substitute "Secretary".
9
43 Subregulation 15(1)
10
Omit "Director-General" (wherever occurring), substitute "Secretary".
11
44 Subregulations 16(1) and (3)
12
Omit "Director-General" (wherever occurring), substitute "Secretary".
13
45 Regulation 18
14
Omit "Director-General" (wherever occurring), substitute "Secretary".
15
46 Subregulation 19(1)
16
Omit "Director-General" (wherever occurring), substitute "Secretary".
17
47 Subparagraph 19(1)(b)(iii)
18
Omit "AusAID", substitute "the Department".
19
48 Subregulations 19(4) and (5)
20
Omit "Director-General" (wherever occurring), substitute "Secretary".
21
49 Subparagraph 19(5)(b)(iii)
22
Omit "AusAID", substitute "the Department".
23
50 Subregulations 19(6) and (7)
24
Omit "Director-General" (wherever occurring), substitute "Secretary".
25
Schedule 1 Amendments
Part 2 Amendment of the Australian Civilian Corps Regulations 2011
8
Australian Civilian Corps Amendment Bill 2013
No. , 2013
51 Subregulation 20(1)
1
Omit "Director-General" (first and second occurring), substitute
2
"Secretary".
3
52 Paragraph 20(1)(a)
4
Repeal the paragraph, substitute:
5
(a) the use or disclosure is necessary for the performance or
6
exercise of:
7
(i) the employer powers of the Secretary; or
8
(ii) the employer powers of the Agency Head;
9
53 Subregulation 20(2)
10
Omit "Director-General", substitute "Secretary".
11
54 Subregulation 20(2)
12
Omit "Director-General's", substitute "Secretary's".
13
55 Subregulation 20(5) (definition of employer powers of the
14
Director-General)
15
Repeal the definition.
16
56 Subregulation 20(5)
17
Insert:
18
employer powers of the Secretary means the rights, duties and
19
powers mentioned in Part 3 of the Act.
20
57 Clauses 6, 7, 8, 9 and 10 of Schedule 1
21
Omit "Director-General of AusAID", substitute "Secretary".
22
58 Paragraph 8(a) of Schedule 2
23
Omit "senior AusAID Officer", substitute "senior officer of the
24
Department".
25
59 Clause 13 of Schedule 2
26
Omit "Director-General of AusAID", substitute "Secretary".
27
Amendments Schedule 1
Amendment of the Australian Civilian Corps Regulations 2011 Part 2
No. , 2013
Australian Civilian Corps Amendment Bill 2013
9
60 Paragraph 16(b) of Schedule 2
1
Omit "AusAID Director-General", substitute "Secretary".
2
Schedule 1 Amendments
Part 3 Amendment of the Prime Minister's Australian Civilian Corps Directions 2012
10
Australian Civilian Corps Amendment Bill 2013
No. , 2013
Part 3
--Amendment of the Prime Minister's
1
Australian Civilian Corps Directions 2012
2
Prime Minister's Australian Civilian Corps Directions 2012
3
61 Before clause 1
4
Insert:
5
1A Name of Directions
6
These Directions are the Prime Minister's Australian Civilian
7
Corps Directions 2012.
8
62 Subclause 2(1) (definition of ACC Register)
9
Omit "AusAID" (wherever occurring), substitute "the Department".
10
63 Subclause 4(4)
11
Omit "AusAID", substitute "the Department".
12
64 Subclause 5(2)
13
Omit "Director-General" (wherever occurring), substitute "Secretary".
14
Amendments Schedule 1
Amendment of the Director-General's Australian Civilian Corps Directions 2011 Part
4
No. , 2013
Australian Civilian Corps Amendment Bill 2013
11
Part 4
--
Amendment of the Director-
General's
1
Australian Civilian Corps Directions 2011
2
Director-General's Australian Civilian Corps Directions 2011
3
65 Before clause 1.1
4
Insert:
5
1.1A Name of Directions
6
These Directions are the Secretary's Australian Civilian Corps
7
Directions 2011.
8
66 Subclause 1.3(1) (definition of Ethics Director)
9
Repeal the definition, substitute:
10
Ethics Director means the person holding or performing the duties
11
of the Director position in the section of the Department that has
12
responsibility for the ACC Values and ACC Code of Conduct.
13
67 Subclause 1.3(1) (definition of HR ADG)
14
Repeal the definition.
15
68 Subclause 1.3(1)
16
Insert:
17
HR AS means the person holding or performing the duties of the
18
Senior Executive Band 1 position in the branch of the Department
19
that has responsibility for personnel and employment matters.
20
69 Subclause 1.3(1) (paragraph (b) of the definition of senior
21
representative of the Australian Government)
22
Omit "AusAID", substitute "the Department".
23
70 Paragraph 1.3(2)(b)
24
Omit "AusAID", substitute "the Department".
25
Schedule 1 Amendments
Part 4 Amendment of the Director-General's Australian Civilian Corps Directions
2011
12
Australian Civilian Corps Amendment Bill 2013
No. , 2013
71 Clause 2.1
1
Omit "Director-General", substitute "Secretary".
2
72 Subclause 2.2(1)
3
Omit "Director-General", substitute "Secretary".
4
73 Subclause 2.2(2)
5
Omit "AusAID", substitute "Department's".
6
74 Subclause 2.2(3)
7
Omit "Director-General", substitute "Secretary".
8
75 Subclauses 2.3(1) and (2)
9
Omit "Director-General", substitute "Secretary".
10
76 Clause 2.4 (heading)
11
Repeal the heading, substitute:
12
2.4 The Secretary provides, to the extent possible, a workplace that
13
is free from discrimination and recognises and utilises the
14
diversity of the Australian community
15
77 Subclauses 2.4(1) and (2)
16
Omit "Director-General" (wherever occurring), substitute "Secretary".
17
78 Clause 2.5 (heading)
18
Repeal the heading, substitute:
19
2.5 The Secretary provides, to the extent possible, a fair, flexible,
20
safe and rewarding workplace for Australian Civilian
21
Corps employees
22
79 Clause 2.5
23
Omit "Director-General" (wherever occurring), substitute "Secretary".
24
80 Subclauses 2.7(1) and 2.8(1)
25
Omit "Director-General", substitute "Secretary".
26
Amendments Schedule 1
Amendment of the Director-General's Australian Civilian Corps Directions 2011 Part
4
No. , 2013
Australian Civilian Corps Amendment Bill 2013
13
81 Subclause 3.1(2)
1
Omit "AusAID", substitute "Department".
2
82 Subclause 3.1(3)
3
Omit "AusAID", substitute "Department".
4
83 Paragraph 3.1(3)(b)
5
Omit "ADG", substitute "AS".
6
84 Subclause 3.2(2)
7
Omit "ADG", substitute "AS".
8
85 Subclause 3.5(3)
9
Omit "AusAID", substitute "the Department".
10
86 Subclause 3.6(1) (paragraph (a) of the note)
11
Omit "senior AusAID Officer", substitute "senior officer of the
12
Department".
13
87 Subclause 3.6(2)
14
Omit all the words after "senior", substitute:
15
officer of the Department who has authority to give a direction to
16
an ACC employee is an officer who holds or performs the duties
17
of:
18
(a) an SES position, or an equivalent position, in the
19
Department; or
20
(b) an Executive Level 2 position, or an equivalent position, in
21
the Department.
22
88 Subclause 3.6(3)
23
Omit "AusAID", substitute "the Department".
24
89 Subclause 3.6(4)
25
Omit "AusAID", substitute "Department".
26
90 Subclause 3.6(5)
27
Omit "AusAID", substitute "Department".
28
Schedule 1 Amendments
Part 4 Amendment of the Director-General's Australian Civilian Corps Directions
2011
14
Australian Civilian Corps Amendment Bill 2013
No. , 2013
91 Paragraph 3.6(5)(b)
1
Omit "ADG", substitute "AS".
2
92 Subclause 3.10(1) (note)
3
Omit "Director-General of AusAID", substitute "Secretary".
4
93 Subclause 3.10(2) (note)
5
Omit "Director-General", substitute "Secretary".
6
94 Subclause 3.11(1) (paragraph (b) of the note)
7
Omit "Director-General of AusAID", substitute "Secretary".
8
95 Subclause 3.11(3)
9
Omit "Director-General", substitute "Secretary".
10
96 Paragraph 3.13(4)(b)
11
Omit "AusAID", substitute "the Department".
12
97 Clause 3 of the Schedule
13
Omit "Director-General", substitute "Secretary".
14
98 Clause 4 of the Schedule
15
Omit "directly mirror the guidelines that apply to employees in
16
AusAID, and are", substitute "be".
17
99 Clause 5 of the Schedule
18
Omit "Director-General" (wherever occurring), substitute "Secretary".
19
100 Clause 6 of the Schedule
20
Omit "AusAID" (first, second and third occurring), substitute "the
21
Department".
22
101 Clause 6 of the Schedule
23
Omit "ADG" (first occurring), substitute "AS".
24
102 Subclause 6.1 of the Schedule
25
Omit "ADG", substitute "AS".
26
Amendments Schedule 1
Amendment of the Director-General's Australian Civilian Corps Directions 2011 Part
4
No. , 2013
Australian Civilian Corps Amendment Bill 2013
15
103 Subclause 6.3 of the Schedule
1
Omit "AusAID", substitute "the Department".
2
104 Subclause 6.3 of the Schedule
3
Omit "presented to the Collector of Public Monies (CPM) in Finance
4
Branch", substitute "given to an officer of the Department who has
5
responsibility for the collection of public money".
6
105 Subclause 6.4 of the Schedule
7
Omit "ADG" (first and second occurring), substitute "AS".
8
106 Subclause 6.4 of the Schedule
9
Omit "AusAID" (first occurring), substitute "the Department".
10
107 Subclause 6.4 of the Schedule
11
Omit:
12
• Arranged to be displayed in AusAID House, or disposed of in an
13
appropriate manner by the Manager, Property and Facilities
14
Management (PFM), having had the matter referred by the HR ADG.
15
substitute:
16
• Direct an officer in the Department to dispose of the gift as directed.
17
108 Subclause 6.5 of the Schedule
18
Omit "Pay and Conditions Team will maintain the Register.".
19
109 Clause 7 of the Schedule
20
Omit "ADG" (first occurring), substitute "AS".
21
110 Clause 7 of the Schedule
22
Omit "AusAID" (first occurring), substitute "the Department".
23
111 Clause 7 of the Schedule
24
Omit "ADG" (second occurring), substitute "AS".
25
112 Clause 7 of the Schedule
26
Omit:
27
Schedule 1 Amendments
Part 4 Amendment of the Director-General's Australian Civilian Corps Directions
2011
16
Australian Civilian Corps Amendment Bill 2013
No. , 2013
• Prizes donated by private or commercial sources to social club or
1
AusAID- / ACC- / overseas mission-sponsored charity events are
2
acceptable where the opportunity to win the prize is also open to
3
non-mission and/or non-social club entrants.
4
substitute:
5
• Prizes donated by private or commercial sources to charity events
6
sponsored by the Department, the Department's social club, the ACC or
7
an overseas mission are acceptable where the opportunity to win the
8
prize is also open to people who are not members of the sponsoring
9
entity.
10
113 Clause 8 of the Schedule
11
Omit "ADG" (wherever occurring), substitute "AS".
12
114 Clause 8 of the Schedule
13
Omit "HR Services Section (HRS) in Human Resources Branch
14
(HRB)", substitute "the relevant section in the Department".
15
115 Clause 9 of the Schedule
16
Omit "HR ADG through the Director, HR Services Section", substitute
17
"officer in the Department who has responsibility for approving the
18
request".
19
116 Clause 10 of the Schedule
20
Omit "ADG" (wherever occurring), substitute "AS".
21
117 Clause 10 of the Schedule
22
Omit "and filing by the HR Services Section".
23
118 Clause 11 of the Schedule
24
Omit "AusAID", substitute "The Department".
25
119 Clause 11 of the Schedule
26
Omit "HR Services Section in Human Resources Branch", substitute
27
"relevant section in the Department".
28
Amendments Schedule 1
Amendment of the Director-General's Australian Civilian Corps Directions 2011 Part
4
No. , 2013
Australian Civilian Corps Amendment Bill 2013
17
120 Appendix to the Schedule
1
Omit "Please forward completed form to Pay and Conditions Team
2
(HRB)".
3
121 Appendix to the Schedule
4
Omit:
5
122 Appendix to the Schedule
6
Omit:
7
Pay and Conditions Team to complete:
8
Processed: ... ... ... ... ... ... ... ... ... ... ... Date: ... ... . ... ... Checked: ... ... ... ... ... ... ... ... ... ....
9
Please return completed form to The Pay and Conditions Team
Internal Mail: 11
th
Floor, Allara Street, Canberra
Schedule 1 Amendments
Part 5 Transitional provisions
18
Australian Civilian Corps Amendment Bill 2013
No. , 2013
Part 5
--
Transitional provisions
1
123 Definitions
2
In this Part:
3
amended Act means the Australian Civilian Corps Act 2011 as in force
4
after the commencement of this Part.
5
amended legislative instrument means any of the following as in force
6
after the commencement of this Part:
7
(a) the Australian Civilian Corps Regulations 2011;
8
(b) the Prime Minister's Australian Civilian Corps Directions;
9
(c) the Secretary's Australian Civilian Corps Directions
10
(previously known as the Director-General's Australian
11
Civilian Corps Directions).
12
AusAID means the Australian Agency for International Development.
13
Director-General means the Director-General of AusAID.
14
old Act means the Australian Civilian Corps Act 2011 as in force
15
immediately before the commencement of this Part.
16
old legislative instrument means any of the following as in force
17
immediately before the commencement of this Part:
18
(a) the Australian Civilian Corps Regulations 2011;
19
(b) the Prime Minister's Australian Civilian Corps Directions;
20
(c) the Director-General's Australian Civilian Corps Directions.
21
Secretary means the Secretary of the Department.
22
124 Effect of things done by, or in relation to, AusAID etc.
23
under the old Act
24
(1)
A thing done before the commencement of this Part by, or in relation to,
25
AusAID or the Director-General under a provision of the old Act has
26
effect after that commencement, for the purposes of the amended Act,
27
as if the thing had been done by, or in relation to, the Department or the
28
Secretary (as the case requires) under that provision of the amended
29
Act.
30
(2)
Subitem (1) does not apply to the making of an instrument.
31
Amendments Schedule 1
Transitional provisions Part 5
No. , 2013
Australian Civilian Corps Amendment Bill 2013
19
125 Directions issued by the Director-General
1
Directions issued by the Director-General under section 13 or 16 of the
2
old Act and in force immediately before the commencement of this Part
3
continue in effect after that commencement as if they were directions
4
issued by the Secretary under section 13 or 16 of the amended Act (as
5
the case requires).
6
Note:
These directions, as continued in effect, are amended as set out in Part 4.
7
126 Effect of things done by, or in relation to, AusAID etc.
8
under the old legislative instruments
9
(1)
A thing done before the commencement of this Part by, or in relation to,
10
AusAID, the Director-General or an employee of AusAID under a
11
provision of an old legislative instrument has effect after that
12
commencement, for the purposes of the relevant amended legislative
13
instrument, as if the thing had been done by, or in relation to, the
14
Department, the Secretary or an employee of the Department (as the
15
case requires) under that provision of the amended legislative
16
instrument.
17
(2)
Subitem (1) does not apply to the making of an instrument.
18
127 Transitional determinations relating to non-legislative
19
instruments
20
(1)
The Secretary may determine in writing that an instrument, other than a
21
legislative instrument, made by the Director-General under the old Act,
22
or under an old legislative instrument, and in force immediately before
23
the commencement of this Part, continues in effect after that
24
commencement as if it had been made by the Secretary under the
25
amended Act or under the amended legislative instrument (as the case
26
requires).
27
(2)
A determination under subitem (1) may also:
28
(a) provide that a reference in the instrument to AusAID, to the
29
Director-General, or to another person or matter related to
30
AusAID, is instead to be taken to be a reference to the
31
Department, to the Secretary, or to another person or matter
32
related to the Department; or
33
(b) provide for how a thing done under the instrument before the
34
commencement of this Part is to continue to have effect.
35
Schedule 1 Amendments
Part 5 Transitional provisions
20
Australian Civilian Corps Amendment Bill 2013
No. , 2013
(3)
A determination under subitem (1) is not a legislative instrument.
1
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