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PARLIAMENT OF VICTORIA
Public Sector Reform (Miscellaneous Amendments)
Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Construction of Act 2
4. Amendment of Administrative Arrangements Act 1983 2
5. New section inserted in the Administrative Arrangements Act
1983 2
7. Change of name of Agency corporation 3
6. Repeal 4
7. Amendments 4
8. Transitional provisions 4
__________________
SCHEDULES 5
SCHEDULE 1--Consequential amendments 5
SCHEDULE 2--Transitional provisions 131
NOTES 136
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532029B.I1-21/4/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Administrative Arrangements Act 1983, to repeal the
Public Authorities (Equal Employment Opportunity) Act 1990
and the Public Sector Management Act 1992 and to provide for
consequential and transitional matters arising from the repeal of the
Public Sector Management Act 1992 and the enactment of the
Public Sector Management and Employment Act 1998 and for
other purposes.
Public Sector Reform (Miscellaneous
Amendments) Act 1998
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the Administrative
Arrangements Act 1983; and
1
532029B.I1-21/4/98
Public Sector Reform (Miscellaneous Amendments) Act 1998
s. 2
5
Act No.
(b) to repeal the Public Authorities (Equal
Employment Opportunity) Act 1990 and
the Public Sector Management Act 1992;
and
(c) to provide for consequential and transitional
5
matters arising from the repeal of the Public
Sector Management Act 1992 and the
enactment of the Public Sector
Management and Employment Act 1998.
2. Commencement
10
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) The remaining provisions of this Act come into
operation on the day on which the provisions of
15
the Public Sector Management and
Employment Act 1998, other than Part 1, come
into operation.
3. Construction of Act
This Act is to be read and construed as one with
20
the Public Sector Management and
Employment Act 1998.
4. Amendment of Administrative Arrangements Act 1983
In section 2(1) of the Administrative
Arrangements Act 1983 insert--
25
' "Agency corporation" means a body corporate
established by an Act and constituted by the
person who is for the time being the Agency
Head within the meaning of the Public
Sector Management and Employment Act
30
1998 of an Agency and the successors in
office of that person;'.
5. New section inserted in the Administrative
Arrangements Act 1983
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Public Sector Reform (Miscellaneous Amendments) Act 1998
Act No.
After section 6 of the Administrative
Arrangements Act 1983 insert--
"7. Change of name of Agency corporation
(1) If the name of an Agency corporation
includes the name of a Department within
5
the meaning of the Public Sector
Management and Employment Act 1998
and the name of that Department is changed
under that Act, the name of the Agency
corporation is changed, at the same time, to
10
include the new name of the Department.
(2) If the name of an Agency corporation is
changed under sub-section (1)--
(a) the change of name does not--
(i) create a new legal entity;
15
(ii) prejudice or affect the identity of
the Agency corporation as a body
corporate or the continuity of that
body corporate;
(iii) affect the property, rights or
20
obligations of the Agency
corporation;
(iv) render defective any legal
proceedings by or against the
Agency corporation; and
25
(b) any legal proceedings that could have
been continued or begun by or against
the Agency corporation by its former
name may be continued or begun by or
against it by its new name; and
30
(c) a reference in any Act, subordinate
instrument (within the meaning of the
Interpretation of Legislation Act
1984) or any document to the Agency
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Public Sector Reform (Miscellaneous Amendments) Act 1998
s. 6
Act No.
corporation by its former name is, in
relation to any period on or after the
time that the name of the Agency
corporation changed, to be taken to be a
reference to the Agency corporation by
5
its new name.".
6. Repeal
No. 68/1992. The Public Authorities (Equal Employment
Reprint No. 3
Opportunity) Act 1990 and the Public Sector
as at 12 June
Management Act 1992 are repealed.
10 1997.
7. Amendments
(1) An Act specified by its short title in a heading in
Schedule 1 is amended in accordance with the
provisions of that Schedule set out under that
heading.
15
(2) A heading in Schedule 1 forms part of this Act.
8. Transitional provisions
Schedule 2 contains transitional provisions.
__________________
20
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Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
CONSEQUENTIAL AMENDMENTS
Section 7
5 Accident Compensation Act 1985
In section 22(4)--
(a) for "appointed to an office" substitute "employed";
(b) in paragraph (a), for "officer of" substitute "employee in";
(c) in paragraph (b), for "officer of" substitute "employee in".
10 In section 26(3), for "government office" substitute "statutory office
within the meaning of the Public Sector Management and
Employment Act 1998".
In section 27(3)(b), for "government office" substitute "statutory office
within the meaning of the Public Sector Management and
15 Employment Act 1998".
In section 29(3), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
In section 30(2)(b), for "government office" substitute "statutory office
20 within the meaning of the Public Sector Management and
Employment Act 1998".
In section 63(8), for "Public Service 1974" substitute "Public Sector
Management and Employment Act 1998".
In section 155(2)(c), for sub-paragraphs (i) and (ii) substitute--
25 "(i) the Secretary to the Department of State Development;".
In section 243(2)(c), for sub-paragraphs (i) and (ia) substitute--
"(i) the Secretary to the Department of State Development;
(ia) the Secretary to the Department of Treasury and Finance;".
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In section 244(2)(c), for paragraph (va) substitute--
"(va) the Secretary to the Department of State Development to the extent
necessary for the Secretary to properly carry out the functions of
the Secretary or the Department;".
5 Administrative Appeals Tribunal Act 1984
In section 6(4), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 61(1), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
10 In section 64(b), for "chief administrator of the administrative unit"
substitute "Department Head of the Department".
Administrative Arrangements Act 1983
In section 2(1)--
(a) for the definition of "Department" substitute--
15 ' "Department" means--
(a) a Department within the meaning of the Public Sector
Management and Employment Act 1998; or
(b) an Administrative Office within the meaning of that
Act; or
20 (c) a declared authority within the meaning of that Act;';
(b) for the definition of "officer" substitute--
' "officer" means--
(a) an employee under Part 3 of the Public Sector
Management and Employment Act 1998 or of a
25 declared authority within the meaning of that Act; or
(b) in relation to a declared authority within the meaning
of that Act, a person or body specified in an Order
under section 47(2)(b) of that Act to have the
functions of an Agency Head within the meaning of
30 that Act; or'.
Adoption Act 1984
In section 4--
(a) in the definition of "approved agency", for "Director-General"
substitute "Secretary";
35 (b) the definition of "Director-General" is repealed;
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(c) insert--
' "Secretary" means the Secretary to the Department of Human
Services;'.
After section 4(1) insert--
5 '(1A) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
reference in the definition of "Secretary" in sub-section (1) to that
Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
10 In section 5--
(a) for "Director-General" (wherever occurring) substitute
"Secretary";
(b) in sub-section (2)(a), for "Department of Community Services"
substitute "Department of Human Services".
15 In sections 7 and 15(1) and (3), for "Director-General" (wherever
occurring) substitute "Secretary".
In section 19--
(a) in sub-section (2), for "Director-General" substitute "Secretary";
(b) in sub-section (4)--
20 (i) for "Director-General" substitute "Secretary";
(ii) for "Attorney-General's Department" substitute "Department
of Justice".
In sections 20, 21(1) and (3), 22, 23, 24(1), 26, 27, 28, 29, 32, 33(3)(e),
34(1), 35(1) and (3), 37(2), (3) and (4), 38, 41(3), 43(2), (4) and (5), 44,
25 45, 46, 47, 48, 49(1) and (2), 50(2) and (4), 51, 55, 59A, 67(2) and 68,
for "Director-General" (wherever occurring) substitute "Secretary".
In section 69(3)--
(a) for "Director-General" substitute "Secretary";
(b) in paragraph (a), for "Attorney-General's Department" substitute
30 "Department of Justice".
In sections 76(2) and (3), 82 and 83(1) and (3), for "Director-General"
(wherever occurring) substitute "Secretary".
In section 84(2)--
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Sch. 1
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(a) for "Director-General" (wherever occurring) substitute
"Secretary";
(b) for "Department of Community Services" substitute "Department
of Human Services".
5 In sections 85, 86, 90, 92, 94(1), 99(3)(f) and 100(2) and (3), for
"Director-General" (wherever occurring) substitute "Secretary".
In section 102, for "Department of Community Services" substitute
"Department of Human Services".
In sections 103, 104, 105, 106(2), 108, 110, 112, 113, 114, 115, 119(2),
10 120(2), 121(1)(e) and (5)(a), 122(1), 123(1), 129A(1) and 130, for
"Director-General" (wherever occurring) substitute "Secretary".
Adult, Community and Further Education Act 1991
In section 20(7)--
(a) for "government office or a full-time office in the public service or
15 teaching service" substitute "a statutory office within the meaning
of the Public Sector Management and Employment Act 1998,
is employed full-time in the public service or holds a full-time
office in the teaching service";
(b) in paragraph (b), for "officers" substitute "employees".
20 In section 21(4)(b), for "government office or a full-time office in the
public service, the TAFE teaching service" substitute "statutory office
within the meaning of the Public Sector Management and
Employment Act 1998, is employed full-time in the public service or
holds a full-time office in the TAFE teaching service".
25 For section 25(1) substitute--
"(1) A General Manager of the Board is and any employees that are
necessary for the purposes of this Part are to be employed under
Part 3 of the Public Sector Management and Employment Act
1998.".
30 In section 26--
(a) in paragraph (a)--
(i) for "officer of" substitute "employee in";
(ii) for "Ministry of Education and Training" substitute
"Department of Education";
35 (b) in paragraph (b), for "officer of" substitute "employee in".
In section 27--
(a) for paragraph (c) substitute--
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Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
"(c) any employee in the public service employed under section
25; or";
(b) in paragraph (g), for "General Manager of that Board" substitute
"the Director employed under section 19 of the Vocational
5 Education and Training Act 1990";
(c) for paragraph (h) substitute--
"(h) a person employed under section 19 of the Vocational
Education and Training Act 1990; or".
In section 28(1)--
10 (a) for paragraph (c) substitute--
"(c) any employee in the public service employed under section
25; or";
(b) in paragraph (g), for "General Manager of that Board" substitute
"the Director employed under section 19 of the Vocational
15 Education and Training Act 1990";
(c) for paragraph (h) substitute--
"(h) a person employed under section 19 of the Vocational
Education and Training Act 1990; or".
In section 29--
20 (a) for paragraph (a) substitute--
"(a) any employee in the public service employed under section
25; or";
(b) in paragraph (e), for "General Manager of that Board" substitute
"the Director employed under section 19 of the Vocational
25 Education and Training Act 1990";
(c) for paragraph (f) substitute--
"(f) a person employed under section 19 of the Vocational
Education and Training Act 1990; or".
In section 39(7), for "a government office or an office in the public
30 service or teaching service" substitute "a statutory office within the
meaning of the Public Sector Management and Employment Act
1998, is employed in the public service or holds an office in the
teaching service".
Agent-General's Act 1994
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Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
In section 5(2), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
Agriculture and Veterinary Chemicals (Control of Use) Act 1992
5 In section 4, for the definition of "Department" substitute--
' "Department" means the Department of Natural Resources and
Environment;'.
In section 4(6)--
(a) for "Public Sector Management Act 1992" substitute "Public
10 Sector Management and Employment Act 1998";
(b) for "Department of Agriculture" substitute "Department of
Natural Resources and Environment".
In section 53(1), for "officer of" substitute "person employed in".
In section 63(4)(b), for "Department of Health" substitute "Department
15 of Human Services".
In section 66(1)(c), for "section 4(1) of the Public Sector Management
Act 1992" substitute "section 5 of the Public Sector Management
and Employment Act 1998".
In section 71(2)(b)--
20 (a) after "appointment" insert "or employment";
(b) after "officer" (where secondly occurring) insert "or employee".
Agricultural and Veterinary Chemicals (Victoria) Act 1994
In section 28(1)--
(a) for "If an officer of a Department, administrative unit or authority"
25 substitute "If an employee in an Agency within the meaning of
the Public Sector Management and Employment Act 1998 or
an officer or employee of an authority";
(b) after "officer" (where secondly occurring) insert "or employee".
Agricultural Industry Development Act 1990
30 In section 23(3), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 25(1) omit "officer or".
Albury-Wodonga Agreement Act 1973
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Sch. 1
Act No.
In section 9(5) for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
Alcoholics and Drug-dependent Persons Act 1968
In section 3--
5 (a) the definition of "Chief General Manager" is repealed;
(b) insert--
' "Secretary" means the Secretary to the Department of Human
Services;'.
At the end of section 3 insert--
10 '(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
reference in the definition of "Secretary" in sub-section (1) to that
Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
15 In sections 4, 4A(1) and (2), 4B(8), (9) and (10), 4C and 5(1A), for
"Chief General Manager" (wherever occurring) substitute "Secretary".
In section 6(1), for "employé" substitute "employee".
For section 6(2) substitute--
"(2) Any welfare officers and employees that are necessary for carrying
20 this Act into effect may be employed under Part 3 of the Public
Sector Management and Employment Act 1998.".
In section 8(1), for "officers of" (where first occurring) substitute
"employees in".
In sections 8A(1) (in the definition of "alcohol or drug service"), (2),
25 (6), (7) and (10), 19 and 20(3), for "Chief General Manager" (wherever
occurring) substitute "Secretary".
Alpine Resorts (Management) Act 1997
In section 21(4), for "The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) substitute "The Public
30 Sector Management and Employment Act 1998 (except in
accordance with Part 7)".
In section 25 omit "officer or".
In section 42(4), for "The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8)" substitute "The Public
35 Sector Management and Employment Act 1998 (except in
accordance with Part 7 of that Act)".
11
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Sch. 1
Act No.
In section 48 omit "officer or".
Ambulance Services Act 1986
In section 3--
(a) the definition of "Chief General Manager" is repealed;
5 (b) insert--
' "Secretary" means the Secretary to the Department of Human
Services;'.
At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
10 1998 the name of the Department of Human Services is changed, a
reference in the definition of "Secretary" in sub-section (1) to that
Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In section 5--
15 (a) in paragraphs (a), (c), (e), (f), (g) and (h), for "Chief General
Manager" (wherever occurring) substitute "Secretary";
(b) in paragraph (d), for "officers of the Department of Health"
substitute "employees in the Department of Human Services".
In section 7--
20 (a) in sub-section (2)(h), for "Department of Health" substitute
"Department of Human Services";
(b) in sub-section (9), for "Chief General Manager" substitute
"Secretary".
In section 9--
25 (a) for "Chief General Manager" (wherever occurring) substitute
"Secretary";
(b) in paragraph (k), for "officers of" substitute "employees in".
In section 10--
(a) for "Chief General Manager" (where twice occurring) substitute
30 "Secretary";
(b) in sub-section (2), for "Department of Health" substitute
"Department of Human Services".
In sections 11, 12 and 13, for "Chief General Manager" (wherever
occurring) substitute "Secretary".
35 For section 14 substitute--
12
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Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
"14. Director of Ambulance Services
A Director of Ambulance Services is to be employed under Part 3
of the Public Sector Management and Employment Act 1998.".
In sections 18(c) and (i), 21(3) and (4), 22(1), 25(f), 28(c), 31(3) and
5 (4) and 34(1) and (3), for "Chief General Manager" (wherever
occurring) substitute "Secretary".
In section 36--
(a) in sub-section (1)(b), for "appointment, tenure" substitute
"employment";
10 (b) in sub-sections (2), (3), (4), (5) and (6), for "Chief General
Manager" (wherever occurring) substitute "Secretary".
In section 39(1), for "Chief General Manager" (wherever occurring)
substitute "Secretary".
Appeal Costs Act 1964
15 In section 5(6), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 7 substitute--
"7. Staff
A secretary to the Board and any employees that are necessary for
20 carrying out the objects of this Act may be employed under Part 3
of the Public Sector Management and Employment Act 1998.".
Archaeological and Aboriginal Relics Preservation Act 1972
In section 5(1)--
(a) in paragraph (a), for "Secretary for Planning and Environment"
25 substitute "Secretary to the Department of Natural Resources and
Environment";
(b) for paragraph (b)(vii) substitute--
"(vii) one being the Executive Director, Lands Victoria".
In section 6(7), for "officer or employé of" substitute "employee in".
30 For section 8(1) substitute--
"(1) A secretary to the Advisory Committee and any employees that are
necessary for the purposes of this Act are to be employed under
13
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Act No.
Part 3 of the Public Sector Management and Employment Act
1998.".
In sections 15(2)(a), 17(2)(a) and 29(b), for "Minister for Conservation,
Forests and Lands" substitute "Minister administering the Aboriginal
5 Lands Act 1991".
Associations Incorporation Act 1981
In section 18, for "Attorney-General" substitute "Minister".
In section 38, for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
10 Auction Sales Act 1958
In section 3(2)--
(a) for "Minister for Conservation, Forests and Lands" substitute
"Minister administering the Crown Land (Reserves) Act 1978";
(b) for "Minister of Public Works" substitute "Minister administering
15 the Planning and Environment Act 1987".
Audit Act 1994
In section 3--
(a) in the definition of "Victorian Auditor-General's Office", for
"department head under section 17 of the Public Sector
20 Management Act 1992" substitute "Agency Head under section
16 of the Public Sector Management and Employment Act
1998";
(b) in the definition of "department", for "Public Sector
Management Act 1992" substitute "Public Sector
25 Management and Employment Act 1998".
In section 4(2), for "Public Sector Management Act 1992, except as
provided in section 17 of that Act" substitute "Public Sector
Management and Employment Act 1998, except section 16 of that
Act".
30 In section 7(1), for "holding office under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".
In section 7F(4), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
35 Act 1998".
Australian Food Industry Science Centre Act 1995
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Sch. 1
Act No.
In section 12(5), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
5 Australian Grands Prix Act 1994
In section 10(5), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
10 Bank Integration Act 1992
In section 4, for paragraph (b)(ii) of the definition of "authorised
person" substitute--
"(ii) an executive in the public service of Victoria--".
Barley Marketing Act 1993
15 In section 3, in the definition of "Victorian Department", for
"Department of Agriculture" substitute "Department of Natural
Resources and Environment".
At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
20 1998 the name of the Department of Natural Resources and
Environment is changed, a reference in the definition of "Victorian
Department" in sub-section (1) to that Department must, from the
date when the name is changed, be treated as a reference to the
Department by its new name.'.
25 In section 16 omit "officer or".
In section 65 omit "officer or".
Benefit Associations Act 1958
In section 23(1)(e), for "officer" (where twice occurring) substitute
"employee".
30 Births, Deaths and Marriages Registration Act 1996
In section 5, for "appointed under the Public Sector Management Act
1992" substitute "employed under Part 3 of the Public Sector
Management and Employment Act 1998".
For section 7 substitute--
15
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Sch. 1
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"7. Registrar's staff
Any other employees that are necessary for the purposes of this
Act may be employed under the Public Sector Management and
Employment Act 1998.".
5 In section 8, for "officer or employee appointed or" substitute
"person".
Section 64 is repealed.
Board of Studies Act 1993
In section 6(o), for "Director of School Education" substitute
10 "Secretary to the Department of Education".
For section 15(1) substitute--
"(1) A chief executive officer and as many other employees as are
necessary for the proper functioning of the Board are to be
employed under Part 3 of the Public Sector Management and
15 Employment Act 1998.".
In section 15(2), for "Director of School Education" substitute
"Secretary to the Department of Education".
In section 15(3), for "A staff member" substitute "A person employed
under sub-section (1)".
20 In section 17 omit "or another member of staff".
Bread Industry Act 1959
In section 2(1), the definition of "Minister" is repealed.
Broiler Chicken Industry Act 1978
In section 2--
25 (a) the definition of "Director-General" is repealed;
(b) insert--
' "Secretary" means the Secretary to the Department of Natural
Resources and Environment.".
In section 5--
30 (a) for "Director-General" (where twice occurring) substitute
"Secretary";
(b) for "officer of the Department of Agriculture" (where twice
occurring) substitute "employee in the Department of Natural
Resources and Environment";
16
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(c) in sub-section (2), for "officer" (where secondly occurring)
substitute "employee".
Building Act 1993
In section 160(3)(c), for "Public Sector Management Act 1992"
5 substitute "Public Sector Management and Employment Act 1998".
For section 176(5)(a)(i) substitute--
"(i) an employee under Part 3 of the Public Sector Management and
Employment Act 1998; or".
In section 205--
10 (a) in sub-section (2), for paragraph (a) substitute--
"(a) under Part 3 of the Public Sector Management and
Employment Act 1998";
(b) in sub-section (3), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
15 1998".
In section 221ZZO(3)(d), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In Schedule 3, in clause 4, for "is subject to Part 9 of the Public Sector
Management Act 1992 but is not subject to any other provision of that
20 Act" substitute ", is not subject to the Public Sector Management and
Employment Act 1998".
Business Franchise (Tobacco) Act 1974
In section 15(1)(b), for "officer of" substitute "employee in".
In section 19B--
25 (a) in sub-section (2), for "officer of" substitute "employee in";
(b) in sub-section (4), for "officer" substitute "employee".
In section 19E(7), for "officer of" substitute "employee in".
Business Investigations Act 1958
In section 4, for "Attorney-General" (wherever occurring) substitute
30 "Minister".
Business Licensing Authority Act 1998
In section 11, for "appointed or employed under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".
17
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In section 15(1), for "appointed or employed under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".
In section 16, for "appointed or employed under the Public Sector
5 Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".
In clause 1 of the Schedule, for sub-clause (3) substitute--
"(3) The Public Sector Management and Employment Act 1998
(except in accordance with Part 7 of that Act) does not apply to a
10 member in respect of the office of member.".
Cancer Act 1958
In section 3--
(a) the definition of "Chief General Manager" is repealed;
(b) insert--
15 ' "Secretary" means the Secretary to the Department of Human
Services;'.
At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
20 reference in the definition of "Secretary" in sub-section (1) to that
Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In section 5(3) and 6(1)(a), for "Chief General Manager" substitute
"Secretary".
25 Caravan Parks and Movable Dwellings Act 1988
In section 83(3) omit "officer or temporary".
In section 85(4A), after "officer" insert "or employee".
Casino Control Act 1991
In section 94(2), for "Public Service Act 1974" substitute "Public
30 Sector Management and Employment Act 1998".
In section 128K(2), for "Minister administering the Land Act 1958"
substitute "Minister".
In section 128O(1)(b), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
18
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In section 128Q(1), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
Catchment and Land Protection Act 1994
In Schedule 1, in clause 4, omit "officer or".
5 In Schedule 1, in clause 6, for "Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
Cemeteries Act 1958
10 In section 2(3)--
(a) the definition of "Chief General Manager" is repealed;
(b) insert--
' "Secretary" means the Secretary to the Department of Human
Services;'.
15 After section 2(3) insert--
'(4) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
reference in the definition of "Secretary" in sub-section (1) to that
Department must, from the date when the name is changed, be
20 treated as a reference to the Department by its new name.'.
In section 4(3)(b), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 8A(7) and 18, for "Chief General Manager" substitute
"Secretary".
25 In section 19--
(a) in sub-section (1), for "Chief General Manager" substitute
"Secretary";
(b) in sub-section (2), for "Minister of Health" substitute "Minister".
In sections 20, 23(3), (4) and (5), 34, 46, 47, 48(1)(a) and (3), 50,
30 50A(1) and (3), 60B(1) and (2), 60C, 67, 77(1)(b) and 79, for "Chief
General Manager" (wherever occurring) substitute "Secretary".
Chattel Securities Act 1987
In section 14 omit "officer or".
Children and Young Persons Act 1989
35 In section 3(1)--
19
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Sch. 1
Act No.
(a) in the definitions of "case plan", "case planning process", "custody
to Director-General order", "guardianship to Director-General
order" and "probation officer", for "Director-General" substitute
"Secretary";
5 (b) for the definition of "Department" substitute--
' "Department" means the Department of Human Services;';
(c) the definition of "Director-General" is repealed;
(d) for the definition of "employee" substitute--
' "employee" means a person employed under Part 3 of the
10 Public Sector Management and Employment Act 1998
in the Department;';
(e) the definition of "officer" is repealed.
In section 3(2)--
(a) for "Public Sector Management Act 1992" substitute "Public
15 Sector Management and Employment Act 1998";
(b) for "Department of Health and Community Services" substitute
"Department of Human Services".
In sections 4, 5, and 6(2) and (3), for "Director-General" substitute
"Secretary".
20 In section 7(1)--
(a) for "Director-General" (where twice occurring) substitute
"Secretary";
(b) omit "officer or";
(c) omit "officers or".
25 In section 7(1A), for "senior executive officer (within the meaning of
the Public Sector Management Act 1992)" substitute "executive
within the meaning of the Public Sector Management and
Employment Act 1998".
In sections 7(2), 15(1), 21(1), 23(3) and (4) and 26, for "Director-
30 General" (wherever occurring) substitute "Secretary".
In section 27(1)(a), for "appointed subject to the Public Service Act
1974" substitute "employed under Part 3 of the Public Sector
Management and Employment Act 1998".
In section 34--
35 (a) in sub-sections (1), (4), (6) and (7), for "Director-General"
substitute "Secretary";
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(b) in sub-section (2), for "Subject to the Public Service Act 1974,
there are to be appointed" substitute "There are to be employed
under Part 3 of the Public Sector Management and
Employment Act 1998";
5 (c) in sub-section (5), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998".
In section 35 (1) and (2), for "Director-General" (wherever occurring)
substitute "Secretary".
In section 36(2), for "Public Service Act 1974" substitute "Public
10 Sector Management and Employment Act 1998".
In section 37A(7), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In sections 39, 44, 45, 47(3), 48(1), 49, 50, 53, 54(1)(c), 58, 60(1), 61
and 62(2)(g), for "Director-General" (wherever occurring) substitute
15 "Secretary".
In section 64--
(a) in sub-section (1C), for paragraph (h) substitute--
"(h) a person employed under Part 3 of the Public Sector
Management and Employment Act 1998 to perform the
20 duties of a youth and child welfare worker;";
(b) in sub-section (2), for "Director-General" substitute "Secretary".
In sections 66(4) and (5), 69(7), 72(1), (2), (5) and (6), 83, 85(1), 86(1),
88(1), 91, 93, 94(1), 95, 96(1), 98(1) and (5), 99, 100, 101, 102(1), 103,
104(1), 105, 106, 107, 108, 109, 110(2), 111(1), (3) and (4), 112(2) and
25 (3), 114(1), 116(1), (2) and (4), 117(2), 119, 120, 121, 122(1), 123,
124, 125, 126, 132, 133, 136, 159(1) and (4), 160(1) and (4), 161,
164(1) and (5), 165(1), (2) and (3), 167(1) and (2), 169 (in the
definition of "project"), 180(1), 184(2), 185(1), (3), (4) and (10), 195,
196(1), 201 and 204(2), for "Director-General" (wherever occurring)
30 substitute "Secretary".
In section 205(7), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In sections 206(1)(b) and 215(2)(b), for "Director-General" (wherever
occurring) substitute "Secretary".
35 In section 216(7), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 217(1), for "Director-General" substitute "Secretary".
For section 226(1) substitute--
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"(1) There are to be employed under Part 3 of the Public Sector
Management and Employment Act 1998 as many stipendiary
youth parole officers as are necessary for the purposes of this
Act.".
5 In section 226(2) and (4), for "Director-General" substitute
"Secretary".
In section 226(3), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In sections 227(6), 231(6), 237, 239(1) and (3), 240, 241(3), 242(1) and
10 (3), 243(2) and (4) and 244(1), for "Director-General" substitute
"Secretary".
In section 244A--
(a) in sub-section (2), for "Director-General" substitute "Secretary";
(b) in sub-sections (3) and (5), for "Director-General of Corrections"
15 substitute "Secretary to the Department of Justice".
In sections 244B(2), (3) and (5), 250, 252(1), 253(1), 255(1) and (5),
256, 257, 261(2), 262(2), 263, 264, 265, 266 and 270(1), for "Director-
General" (wherever occurring) substitute "Secretary".
In section 271--
20 (a) in sub-sections (1), (3) and (4), for "Director-General" (wherever
occurring) substitute "Secretary";
(b) in sub-section (4) omit "officer or".
For section 271(6) substitute--
"(6) An employee may, in accordance with section 7, have delegated to
25 him or her any function or power of the Secretary under this
section, except (unless he or she is an executive within the
meaning of the Public Sector Management and Employment
Act 1998) the power to make authorisations under sub-section (3)
or (4).".
30 In sections 272 and 280(1) and clauses 3, 4, 5, 6(2), 7, 9, 12(1), 15 and
16 of Schedule 1 and clause 8 of Schedule 3, for "Director-General"
(wherever occurring) substitute "Secretary".
Children's Services Act 1996
In section 3(2), for "Public Sector Management Act 1992" substitute
35 "Public Sector Management and Employment Act 1998".
In section 35(1), for "holding a position under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".
22
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In section 52, for "officer of" substitute "employee in".
Chinatown Historic Precinct Act 1984
In section 6(2), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
5 Chiropodists Act 1968
In section 7(1A)--
(a) for "Chief General Manager of the Department of Health"
substitute "Secretary to the Department of Human Services";
(b) for "Chief General Manager's" substitute "Secretary's".
10 Chiropractors Registration Act 1996
In section 55--
(a) in sub-section (2)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" (where twice
15 occurring) substitute "Public Sector Management and
Employment Act 1998";
(b) sub-section (5) is repealed.
For section 64(3) substitute--
"(3) The Public Sector Management and Employment Act 1998
20 (except in accordance with Part 7 of that Act) does not apply to a
member in respect of the office of member.".
In section 68--
(a) in sub-section (1)--
(i) omit "officer or";
25 (ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
(b) sub-section (3) is repealed.
Cinemedia Corporation Act 1997
In section 17(4), for "Public Sector Management Act 1992 (except
30 Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
City of Melbourne Act 1993
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Act No.
In section 12(3) and (4), for "Department of Planning and
Development" substitute "Department of Infrastructure".
Coastal Management Act 1995
In section 3, in paragraph (c) of the definition of "Crown land", for
5 "Department of Conservation and Natural Resources" substitute
"Department of Natural Resources and Environment".
In section 7(2)--
(a) in paragraph (d), for "officer of the Department of Planning and
Development" substitute "employee in the Department of
10 Infrastructure";
(b) in paragraph (e), for "officer of the Department of Conservation
and Natural Resources" substitute "employee in the Department
of Natural Resources and Environment";
(c) in paragraph (f), for "officer of the Department of Transport"
15 substitute "employee in the Department of Infrastructure".
In section 11--
(a) in paragraph (e), for "officer of the Department of Planning and
Development" substitute "employee in the Department of
Infrastructure";
20 (b) in paragraph (f), for "officer of the Department of Conservation
and Natural Resources" substitute "employee in the Department
of Natural Resources and Environment";
(c) in paragraph (g), for "officer of the Department of Transport"
substitute "employee in the Department of Infrastructure".
25 In sections 31(2)(c), 38(2) and 40(2)(c), for "Department of
Conservation and Natural Resources" substitute "Department of
Natural Resources and Environment".
In the Schedule--
(a) in clause 3 omit "officer or";
30 (b) in clause 5, for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance
with Part 7 of that Act)".
Collusive Practices Act 1965
35 In sections 5(1), 6 and 8(1), for "Attorney-General" (wherever
occurring) substitute "Minister".
Commonwealth Arrangements Act 1958
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Act No.
In section 4--
(a) for "officer of" (where twice occurring) substitute "employee in";
(b) omit "(other than a responsible Minister of the Crown)".
In section 5, for "office" substitute "employee".
5 In section 6A(1)--
(a) omit "on the recommendation of the Public Service Board";
(b) for "office" substitute "employee".
In section 6A(2), after "officer" (where twice occurring) insert "or
employee".
10 Community Services Act 1970
In section 3--
(a) in the definition of "Department", omit "established under the
Public Sector Management Act 1992";
(b) the definition of "Director-General" is repealed;
15 (c) insert--
' "employee" has the same meaning as in the Children and
Young Persons Act 1989;';
(d) in the definition of "guardian", for "Director-General" substitute
"Secretary";
20 (e) the definitions of "Minister" and "officer" are repealed.
At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
reference in the definition of "Department" in sub-section (1) to
25 that Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In section 4--
(a) in paragraph (b) (where secondly occurring) and paragraph (c)
(where secondly and thirdly occurring), for "Director-General"
30 substitute "Secretary";
(b) in paragraph (e), for "Department of Community Services"
substitute "Department of Human Services".
In sections 4A(5) and 7, for "Director-General" substitute "Secretary".
25
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Act No.
In section 9(1) and (2), for "Minister for Community Services"
substitute "Minister".
In section 10--
(a) in sub-section (2) omit "officer or";
5 (b) in sub-section (2A), for "a senior executive officer (within the
meaning of the Public Sector Management Act 1992)"
substitute "an executive within the meaning of the Public Sector
Management and Employment Act 1998";
(c) in sub-section (3)--
10 (i) omit "officer or";
(ii) for "Director-General" substitute "Secretary";
(d) in sub-section (4), for "Director-General" substitute "Secretary".
In sections 13A(1), (5), (5A) and (7), 13C(2), (3), (4), (5) and (8), 13E,
16, 17(2), (3) and (5), 18, 19, 20, 21(1), 22 and 23, for "Director-
15 General" (wherever occurring) substitute "Secretary".
In section 24(1), for "officer of" substitute "employee in".
In section 26, for "Director-General" (wherever occurring) substitute
"Secretary".
In section 74C(6)(a), for "Education Department" substitute
20 "Department of Education".
In section 75 insert--
' "Secretary" in this Division means the Secretary to the Department
of State Development;'.
In section 77, for "Director-General" (wherever occurring) substitute
25 "Secretary".
In section 79(1)--
(a) for "officer" substitute "employee";
(b) for "Director-General" substitute "Secretary".
In section 149(d), for "officers" substitute "employees".
30 In sections 200A and 200AB(1), for "Director-General" substitute
"Secretary".
26
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Act No.
In section 201, for "Director-General or any officer of" substitute
"Secretary or any employee in".
Conservation, Forests and Lands Act 1987
In section 3(1)--
5 (a) in the definition of "chief administrator", for "Public Sector
Management Act 1992" substitute "Public Sector
Management and Employment Act 1998";
(b) for the definition of "Department" substitute--
' "Department" means the Department of Natural Resources and
10 Environment;'.
After section 3(1) insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Natural Resources and
Environment is changed, a reference in the definition of
15 "Department" in sub-section (1) to that Department must, from the
date when the name is changed, be treated as a reference to the
Department by its new name.'.
In section 6--
(b) for "Public Sector Management Act 1992" (wherever occurring)
20 substitute "Public Sector Management and Employment Act
1998";
(b) for "Department of Conservation and Natural Resources"
(wherever occurring) substitute "Department of Natural
Resources and Environment";
25 (c) in sub-section (7)--
(i) for "any person holding the office of" substitute "the";
(ii) omit "in office".
In section 8, for "Public Service Act 1974" substitute "Public Sector
Management and Employment Act 1998".
30 In section 11--
(a) in sub-section (1)(a)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
35 (b) in sub-section (2)(a)--
(i) omit "officer or";
27
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(ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998".
In section 12(3), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
5 In section 67(2)--
(a) for "Chief Administrator" (where twice occurring) substitute
"Administrative Office Head";
(b) for "Unit" substitute "Office";
(c) for "Unit's" substitute "Office's".
10 For section 67(3) substitute--
'(3) In this section--
"Administrative Office" means an Administrative Office within
the meaning of the Public Sector Management and
Employment Act 1998;
15 "Administrative Office Head", in relation to an Administrative
Office, means the person employed as the head of the
Administrative Office under the Public Sector
Management and Employment Act 1998.'.
In section 83(1)(a)--
20 (a) omit "officer or";
(b) omit "officers or".
Sections 104 and 105 are repealed.
Constitution Act 1975
In section 7A(2A)(d), for "Treasurer" substitute "Minister
25 administering Part 7 of the Financial Management Act 1994".
In section 61, for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 72(1) substitute--
"(1) A Government Printer for Victoria must be employed under Part 3
30 of the Public Sector Management and Employment Act 1998.".
After section 88 of the Constitution Act 1975 insert--
"88AA. Oath of office
If an oath of office is required to be taken by a person who accepts
employment in the public service or who is otherwise required by
35 or under this or any other Act to take an oath of office, the oath,
28
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unless the contrary intention appears, must be taken in the form set
out in Schedule 3.".
In section 94(2), for "Treasurer of Victoria" substitute "Minister
administering Part 7 of the Financial Management Act 1994".
5 In section 95(2) omit "the Public Service Board the Chief Executive,
Ministry of Education the Police Discipline Board or other".
In section 95(3)(a), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
After the Second Schedule insert--
10 "SCHEDULE 3
Section 88AA
OATH OF OFFICE
I (name of deponent) swear by almighty God that as (name of
office) in the State of Victoria, I will at all times and in all things
15 discharge the duties of (name of office) according to law and to the
best of my knowledge and ability without fear, favour or
affection.".
Consumer Affairs Act 1972
In section 5(5), for "Public Service Act 1974" substitute "Public
20 Sector Management and Employment Act 1998".
For section 9 substitute--
"9. Staff
Any employees that are necessary for the purposes of this Act may
be employed under Part 3 of the Public Sector Management and
25 Employment Act 1998.".
For section 62(1) substitute--
"(1) There may be employed under Part 3 of the Public Sector
Management and Employment Act 1998 persons to be
inspectors under this Act.".
30 In section 62(2)--
(i) for "officer" substitute "employee";
(ii) omit ", either by name or by reference to the officer's or person's
office only (in which case the holder for the time being of the
office shall be authorized)".
29
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In section 63(1), for "Secretary for Labour and Industry" substitute
"Secretary".
Co-operative Housing Societies Act 1958
In section 49(6), for "officer of" substitute "employee in".
5 In section 66(1), for "officer" (where secondly occurring) substitute
"employee".
Co-operatives Act 1996
In section 327(2) omit "officer or" (where twice occurring).
In section 427(3)(b) omit "officer or temporary".
10 In section 428, for "appointed under the Public Sector Management
Act 1992" substitute "employed under Part 3 of the Public Sector
Management and Employment Act 1998".
In section 430(1), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
15 In section 431 omit "officer or" (where twice occurring).
Coroners Act 1985
In section 3--
(a) for paragraph (a) of the definition of "government body"
substitute--
20 "(a) a department within the meaning of the Public Sector
Management and Employment Act 1998 or an office
specified in section 16(1) of that Act;";
(b) in paragraph (a) of the definition of "person held in care", for
"Director-General of Community Services" substitute "Secretary
25 to the Department of Human Services".
For section 9(2) substitute--
"(2) For the purpose of long service leave, a coroner who, immediately
before appointment, was an employee under Part 3 of the Public
Sector Management and Employment Act 1998 must, subject to
30 that Act, be taken to continue to be an employee under that Act
during the period of office as a coroner.".
In section 9(4), for "Public Sector Management Act 1992 (except Part
9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
35 Part 7 of that Act)".
30
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In section 11(1), for "appointed under the Public Sector Management
Act 1992" substitute "employed under Part 3 of the Public Sector
Management and Employment Act 1998".
In section 69(3), for "Public Sector Management Act 1992 (except
5 Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
For section 71(2) substitute--
"(2) For the purpose of long service leave, an employee of the Institute
10 who, immediately before appointment, was an employee under
Part 3 of the Public Sector Management and Employment Act
1998 must, subject to that Act, be taken to continue to be an
employee under that Act while an employee of the Institute.".
Corporations (Victoria) Act 1990
15 Section 82 is repealed.
Corrections Act 1986
In section 3(1)--
(a) in the definitions of "medical officer" and "principal medical
officer", for "appointed" substitute "employed";
20 (b) in the definition of "Secretary", for "Public Sector Management
Act 1992" substitute "Public Sector Management and
Employment Act 1998".
In section 8(1)--
(a) omit "officer or" (where first occurring);
25 (b) in paragraph (a), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
1998".
In section 8A(1), for "the Public Sector Management Act 1992
appoint" substitute "Part 3 of the Public Sector Management and
30 Employment Act 1998 employ".
In section 9C(2)(b), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
For section 9D(1) substitute--
"(1) There may be employed under Part 3 of the Public Sector
35 Management and Employment Act 1998 such monitors as are
necessary for the purposes of this Part.".
In section 9D(2) and (2A) for "appointed" substitute "employed".
31
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Act No.
In section 12--
(a) in sub-section (1), for "Subject to the Public Service Act 1974
there may be appointed" substitute "There may be employed
under Part 3 of the Public Sector Management and
5 Employment Act 1998";
(b) sub-sections (2) to (6) are repealed.
In section 16(2), for "Chief General Manager of the Department of
Health" substitute "Secretary to the Department of Human Services".
In section 63(7), for "Public Service Act 1974" substitute "Public
10 Sector Management and Employment Act 1998".
In section 84K(3), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 84L omit "officer or".
In section 107(d), for "Director-General" (where secondly and thirdly
15 occurring) substitute "Secretary".
Council of Adult Education Act 1981
In section 14(5), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 14(6) substitute--
20 "(6) Any officer of the Council, including the Director, who--
(a) was immediately before his or her appointment an employee
in the public service or a member of the teaching service; or
(b) having formerly been an employee in the public service or a
member of the teaching service, has since he or she ceased to
25 be such an employee or member been continuously engaged
or employed in some other office or capacity, being an office
or capacity in which he or she was eligible to be employed in
the public service or appointed to an office in the teaching
service upon the termination of such engagement or
30 employment--
is entitled at the termination of his or her appointment by the
Council to be employed in the public service or appointed to an
office in the teaching service (as the case requires) with a
classification and emolument corresponding with or higher than
35 that which he or she last held or received in the public service or
32
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Act No.
teaching service as if his or her service with the Council and in
that other office or capacity (if any) had been service in the public
service or teaching service (as the case requires).".
In section 15--
5 (a) in sub-section (1)--
(i) for "officers of" (wherever occurring) substitute "employees
in";
(ii) for "Education Department" substitute "Department of
Education";
10 (b) in sub-section (2), for "officer of" substitute "employee in".
Country Fire Authority 1958
In section 3, in the definition of "administrative unit", for "Public
Sector Management Act 1992" substitute "Public Sector
Management and Employment Act 1998".
15 In section 7(1)(a), for "Minister for Conservation, Forests and Lands"
substitute "Minister administering the Environment Protection Act
1970".
In section 9A(1), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
20 Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
For section 9A(2) substitute--
"(2) If any person appointed as chairman of the Authority was
immediately before his or her appointment an employee in the
25 public service, such person is eligible at the termination of his or
her term of office under this Act to be employed in the public
service with a classification and emolument corresponding with or
higher than that which he or she held or received immediately
before his or her appointment as the chairman of the Authority as
30 if the whole period of his or her service under this Act had been a
period of service in the public service.".
In section 9B(7), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
35 Part 7 of that Act)".
For section 9B(8) substitute--
"(8) If any person appointed as deputy chairman of the Authority was
immediately before his or her appointment an employee in the
public service, such person is eligible at the termination of his or
33
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her term of office under this Act to be employed in the public
service with a classification and emolument corresponding with or
higher than that which he or she held or received immediately
before his or her appointment as the deputy chairman of the
5 Authority as if the whole period of his or her service under this
Act had been a period of service in the public service.".
In section 21A, for "Minister for Conservation, Forests and Lands"
substitute "Minister administering the Environment Protection Act
1970".
10 In section 35, for "Chief General Manager of the Department of Health"
substitute "Secretary to the Department of Human Services".
In section 40(5)(c), for "Department of Conservation, Forests and
Lands" substitute "Department of Natural Resources and
Environment".
15 In section 74E omit "officer or".
In section 74F, for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
County Court Act 1958
20 In section 17A(4)(b), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998".
In section 18(1), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 23(1), for "officers of" substitute "employees in".
25 In section 28A, for "Chief General Manager of the Department of
Health" substitute "Secretary to the Department of Human Services".
Credit (Administration) Act 1984
In section 18(4), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
30 In section 36D(1), for "Subject to the Public Service Act 1974, there is
appointed" substitute "There is to be employed under Part 3 of the
Public Sector Management and Employment Act 1998".
In section 68(4), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
35 In section 85K(1), for "Subject to the Public Service Act 1974, there is
appointed" substitute "There is to be employed under Part 3 of the
Public Sector Management and Employment Act 1998".
Crimes Act 1958
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Act No.
In section 359(5), for "Treasurer" (where twice occurring) substitute
"Minister administering Part 7 of the Financial Management Act
1994".
In section 464(2), in paragraphs (c) and (d) of the definition of "held in
5 prison, police gaol, youth training centre or youth residential centre",
for "Director-General" substitute "Secretary".
In section 476B, for "Director-General of Community Services within
the meaning of the Community Services Act 1970" substitute
"Secretary within the meaning of the Children and Young Persons
10 Act 1989".
In section 506--
(a) the definition of "Director-General of Community Welfare
Services" is repealed;
(b) insert--
15 ' "Secretary" means the Secretary to the Department of Justice;'.
At the end of section 506 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Justice is changed, a
reference in the definition of "Secretary" in sub-section (1) to that
20 Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In section 507--
(a) in sub-section (1), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998";
25 (b) in sub-section (6), for "Director-General of Community Welfare
Services" substitute "Secretary to the Department of Human
Services".
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
For section 61 substitute--
30 "61. Staff
Any employees that are necessary for the purposes of the Panel
may be employed under Part 3 of the Public Sector Management
and Employment Act 1998.".
In Schedule 1, in clauses 1(1)(d) and 2(1)(e) for "Public Sector
35 Management Act 1992" substitute "Public Sector Management and
Employment Act 1998".
Crown Land (Reserves) Act 1978
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In section 4(1)(zc), for "Minister of Health" substitute "Minister
administering the Health Services Act 1988".
In section 11--
(a) in sub-section (2), for "Minister of Education" substitute
5 "Minister administering the Education Act 1958";
(b) in sub-section (3), for "Minister of Public Instruction or the
Minister of Education" substitute "Minister administering the
Education Act 1958".
In section 24(2), for "Minister of Public Works and the Minister for
10 Conservation, Forests and Lands" substitute "Minister administering
the Planning and Environment Act 1987 and the Minister
administering the Crown Land (Reserves) Act 1978".
Dairy Industry Act 1992
In section 11--
15 (a) in sub-section (7), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998";
(b) in sub-section (8) omit "officer or".
In section 18(4), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
20 Dangerous Goods Act 1985
In section 34(b), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
Defence Reserves Re-Employment Act 1995
For section 12 substitute--
25 "12. Staff of Board
A secretary to the Board is, and any employees that are necessary
for the proper functioning of the Board are, to be employed under
Part 3 of the Public Sector Management and Employment Act
1998.".
30 Dentists Act 1972
In section 29(6)(b), for "Department of Health and Community
Services" substitute "Department of Human Services".
Disability Services Act 1991
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Act No.
In section 3--
(a) in the definition of "Minister for Community Services", omit "for
Community Services";
(b) in the definitions of "Organisation" and "Research and
5 development activities", omit "for Community Services".
In section 4, for "Community Services" (wherever occurring) substitute
"Youth and Community Services".
In section 6--
(a) omit "for Community Services";
10 (b) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998";
(c) for "officer or employee of" substitute "employee in".
In Schedule One omit "for Community Services".
Docklands Authority Act 1991
15 In section 14(3), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 14(4) substitute--
"(4) Any employees that are necessary for the purposes of this Act may
be employed under Part 3 of the Public Sector Management and
20 Employment Act 1998.".
In section 42(4), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 47(1) substitute--
"(1) A person who is a member of the Authority or its staff and who
25 was, immediately before that appointment, an employee in the
public service is entitled to be employed under Part 3 of the Public
Sector Management and Employment Act 1998 with a
classification, remuneration and leave entitlements corresponding
with or higher than those which the person last held or was entitled
30 to in the public service as if the service with the Authority were
service in the public service.".
In section 47(2), for "officer of" substitute "employee in".
Domestic Building Contracts and Tribunal Act 1995
In section 116--
35 (a) in sub-section (1) omit "officers and";
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(b) in sub-section (2), for "appointed or employed under the Public
Sector Management Act 1992" substitute "employed under Part
3 of the Public Sector Management and Employment Act
1998".
5 In Schedule 1, in clause 3(5)(a), for "Public Sector Management Act
1992" substitute "Public Sector Management and Employment Act
1998".
Domestic (Feral Nuisance) Animals Act 1994
In section 3(1), for the definition of "Department" substitute--
10 ' "Department" means the Department of Natural Resources and
Environment;'.
In section 3(2)--
(a) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998";
15 (b) for "Department of Agriculture" substitute "Department of
Natural Resources and Environment".
In section 6--
(a) omit "officer or";
(b) for "Public Sector Management Act 1992" substitute "Public
20 Sector Management and Employment Act 1998".
For section 71 substitute--
"71. Appointment of authorised officers
The Minister may by instrument appoint as authorised officers any
specified employee or a specified class of employees employed
25 under Part 3 of the Public Sector Management and
Employment Act 1998.".
Drugs, Poisons and Controlled Substances Act 1981
In section 4--
(a) in the definition of "authorized officer", for "Chief General
30 Manager" substitute "Secretary";
(b) the definition of "Chief General Manager" is repealed;
(c) insert--
' "Secretary" has the same meaning as in the Health Act 1958;'.
In sections 12A(4) (Schedule No. 9), 12I(1), 12L and 15(2)(a), for
35 "Chief General Manager" substitute "Secretary".
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In section 15A--
(a) in sub-section (3) omit "officer or";
(b) in sub-section (4), for "Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8)" substitute "Public
5 Sector Management and Employment Act 1998 (except in
accordance with Part 7 of that Act)".
In section 15E(3) omit "officer or".
In section 16(4) omit "officer or".
In section 17(1), for "Chief General Manager" (wherever occurring)
10 substitute "Secretary".
For section 18 substitute--
"18. Officers of committee
A secretary to the committee and any employees that it is
necessary and expedient to employ for carrying out the objects and
15 purposes of this Act may be employed under Part 3 of the Public
Sector Management and Employment Act 1998.".
In sections 19(1), (3) and (5), 22(2), 22A(2), 22B, 22C, 31(1), (2), (4)
and (5), 33, 34, 35(1) and (2), 36 and 37(1), for "Chief General
Manager" (wherever occurring) substitute "Secretary".
20 In section 41--
(a) in sub-section (1), for paragraphs (a) and (b) substitute--
"(a) any employee in the public service;";
(b) for "Chief General Manager" (wherever occurring) substitute
"Secretary";
25 (c) in sub-section (4), for "the holding of any other office in the public
service or in the service of the Department of Health and
Community Services" substitute "being employed in the public
service".
In sections 55(1) and (3) and 56(1), (3), (6), (9), (10), (11) and (12), for
30 "Chief General Manager" (wherever occurring) substitute "Secretary".
In section 69E(1), for "holding a position under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".
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In sections 76(4) and (6), 80(6) and (7), 118, 119(f), for "Chief General
Manager" (wherever occurring) substitute "Secretary".
Education Act 1958
In section 3(1)--
5 (a) the definitions of "Chief Executive", "Chief General Manager",
"Director", "Minister" and "Regional General Manager" are
repealed;
(b) insert--
' "Secretary" means Secretary to the Department of Education;'.
10 After section 3(1) insert--
'(1A) If under the Public Sector Management and Employment Act
1998 the name of the Department of Education is changed, a
reference in the definition of "Secretary" in sub-section (1) to that
Department must, from the date when the name is changed, be
15 treated as a reference to the Department by its new name.'.
In section 4--
(a) sub-sections (2) to (10) are repealed;
(b) in sub-section (11)--
(i) for "Chief Executive" substitute "Secretary";
20 (ii) omit "the Chief General Manager and" (where twice
occurring);
(iii) for "Ministry of Education" (where twice occurring)
substitute "Department of Education";
(c) in sub-section (12)--
25 (i) for "Chief Executive" (where twice occurring) substitute
"Secretary";
(ii) omit "the Chief General Manager or";
(iii) for "Ministry of Education" (where twice occurring)
substitute "Department of Education";
30 (iv) for "chief administrator" substitute "Department Head".
Section 4A is repealed.
In section 5--
(a) in sub-sections (1) and (3), for "Chief Executive" (wherever
occurring) substitute "Secretary";
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(b) in sub-section (2), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998".
In sections 5A, 6(1) and 7, for "Chief Executive" (wherever occurring)
substitute "Secretary".
5 Sections 12B and 12C are repealed.
In section 13(10), for "Director" (where twice occurring) substitute
"Secretary".
In section 14(2), for "Director-General" substitute "Secretary".
In sections 14B, 15F(2), 15FA(1) and (4), 15K, 15L(1), 15M and
10 15Q(1), for "Director" (wherever occurring) substitute "Secretary".
In section 16(4) and (6), for "Chief Executive" (wherever occurring)
substitute "Secretary".
In section 20A(1)(b)(i), for "Minister of Education" substitute
"Minister".
15 In sections 25(3), (4), (5), (6) and (7) and 25A(2), for "Director"
(wherever occurring) substitute "Secretary".
In section 28--
(a) in sub-section (1), for "Ministry of Education" substitute
"Department of Education";
20 (b) in sub-section (3)(e)--
(i) omit "the Public Service Board or" (where first occurring);
(ii) for "Chief Executive" (where first occurring) substitute
"Secretary";
(iii) for all words and expressions after "Superannuation Act
25 1988" substitute "to be employed in the public service or
appointed to an office in the teaching service (as the case
requires) with an emolument corresponding with or higher
than that which he or she received in such institution or
school and with such classification as the Secretary deems
30 proper.".
In section 29A(1), (3) and (4), for "Minister of Education" (wherever
occurring) substitute "Minister".
In section 34A, in paragraph (e) of the definition of "school work"--
(a) omit "the Regional General Manager or";
35 (b) for "Chief Executive" substitute "Secretary".
In section 36(2)--
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Act No.
(a) for "Chief Executive" (where twice occurring) substitute
"Secretary";
(b) in paragraph (a), for "Ministry of Education" substitute
"Department of Education".
5 In section 48(2), for "Ministry of Education" substitute "Department of
Education".
In section 52A, for "Director" substitute "Secretary".
In section 52C(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
10 Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
In sections 64(2) and 64M(3), for "Director-General" substitute
"Secretary".
In section 65(10)--
15 (a) after "officer" insert "or employee";
(b) for "Ministry of Education" substitute "Department of
Education".
In section 78, for "Directorate of School Education" substitute
"Department of Education".
20 In section 81A(a), for "Director" substitute "Secretary".
Electoral Boundaries Commission Act 1982
In section 12(1)(a), for "Department of Property Services" substitute
"Department of Natural Resources and Environment".
Electricity Industry Act 1993
25 In section 41F(2), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 45(1) and (2), for "Department of Conservation and Natural
Resources" substitute "Department of Natural Resources and
Environment".
30 In section 48(5), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 49A(4), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 60(2), for "Public Sector Management Act 1992 (except
35 Part 9)" substitute "Public Sector Management and Employment
Act 1998".
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In Schedule 1, in clause 4(2), for "Public Sector Management Act
1992" substitute "Public Sector Management and Employment Act
1998".
Electricity Safety Act 1998
5 In section 13(2), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
In Schedule 1, in clause 4, for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
10 Emerald Tourist Railway Act 1977
In section 8(2), for "Minister of Transport" substitute "Minister
administering the National Rail Corporation (Victoria) Act 1991".
In section 30(1)(a), for "Department of the Treasury" substitute
"Department of Treasury and Finance".
15 Emergency Management Act 1986
In section 16(4)(a), for "Department of Conservation, Forests and
Lands" substitute "Department of Natural Resources and
Environment".
Emergency Services Superannuation Act 1986
20 In section 20(1)(b), for "Treasurer" substitute "Minister".
Environment Conservation Council Act 1997
In section 8(5), for "Public Sector Management Act 1992 (except Part
9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
25 Part 7 of that Act)".
Environment Effects Act 1978
In section 2--
(a) in the definition of "Secretary", for "for Planning and
Environment" substitute "to the Department of Natural Resources
30 and Environment";
(b) the definition of "the Minister" is repealed.
At the end of section 2 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Natural Resources and
35 Environment is changed, a reference in the definition of
"Secretary" in sub-section (1) to that Department must, from the
43
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date when the name is changed, be treated as a reference to the
Department by its new name.'.
Environment Protection Act 1970
In section 6(6)(b)(ii), for "officers of the public service under the
5 Public Service Act 1974" substitute "employees under Part 3 of the
Public Sector Management and Employment Act 1998".
In section 7(5), for paragraph (b) substitute--
"(b) was immediately before that appointment employed in the public
service or having formerly been employed in the public service, is
10 employed in any capacity in which that person was eligible to be
employed in the public service--
(i) is eligible to be employed in the public service at the
termination of that appointment with a classification and
emolument corresponding with or higher than that which that
15 person held or received in the public service immediately
before that appointment as if the service in such appointment
or appointments had been service in the public service; and
(ii) for the purposes of long service leave, is to be taken to
continue to be an employee in the public service for the
20 period of that appointment;".
In section 7(7), for "Public Sector Management Act 1992 (except Part
9)" substitute "Public Sector Management and Employment Act
1998".
In section 10(2), for "Public Sector Management Act 1992 (except
25 Part 9)" substitute "Public Sector Management and Employment
Act 1998".
In section 13(1), paragraph (h)(i) is repealed.
For section 14(1) substitute--
"(1) Any employees that are necessary for the purposes of this Act may
30 be employed under Part 3 of the Public Sector Management and
Employment Act 1998.".
In sections 19B(3)(a)(ii), (4) and (5)(b), 20(8)(a)(ii), (c) and (d)(ii),
20A(6) and 28(2), for "Chief General Manager of the Department of
Health" (wherever occurring) substitute "Secretary to the Department
35 of Health".
In section 48A(1), in the definition of "court officer", for "Secretary to
the Attorney-General's Department" substitute "Secretary to the
Department of Justice".
In section 49E--
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Act No.
(a) in sub-section (2), for "Public Sector Management Act 1992
(except Part 9)" substitute "Public Sector Management and
Employment Act 1998";
(b) sub-section (4) is repealed.
5 In section 68(5), for "Treasurer of Victoria" substitute "Minister
administering Part 7 of the Financial Management Act 1994".
Equal Opportunity Act 1995
In section 4, in paragraph (b) of the definitions of "employee" and
"employment" for "Public Sector Management Act 1992" substitute
10 "Public Sector Management and Employment Act 1998".
In section 84(a), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 164(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
15 Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
In section 169--
(a) in sub-section (1) omit "officer or";
(b) sub-section (3) is repealed.
20 In section 172A, for "appointed or employed under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".
In section 174(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
25 Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
Section 177(2) is repealed.
In section 185(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
30 Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
Section 187(2) is repealed.
For section 191 substitute--
"191. Registrar and staff
35 A registrar of the Tribunal and any other employees that are
necessary for the purposes of administering this Act are to be
45
532029B.I1-21/4/98
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Act No.
employed under Part 3 of the Public Sector Management and
Employment Act 1998.".
Estate Agents Act 1980
In section 4, in the definition of "residential property" for "Public
5 Sector Management Act 1992" substitute "Public Sector
Management and Employment Act 1998".
In section 5(1)(b), for "Department of Conservation and Environment"
substitute "Department of Natural Resources and Environment".
In section 6(4)(c), for "Public Sector Management Act 1992"
10 substitute "Public Sector Management and Employment Act 1998".
For section 7E(1) substitute--
"(1) Any employees that are necessary for the purposes of this Act may
be employed under Part 3 of the Public Sector Management and
Employment Act 1998.".
15 In section 91C(4), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 91D, for "officer of" substitute "employee in".
For section 91X(1) substitute--
"(1) A Registrar and any employees that are necessary for the purposes
20 of the Tribunal may be employed under Part 3 of the Public
Sector Management and Employment Act 1998.".
Evidence Act 1958
In sections 21I(2), 21K (in the definition of "mediator"), 53A(1) and (3)
and 79(2) and (3), for "Attorney-General's Department" substitute
25 "Department of Justice".
In section 107A(1), for paragraph (y) substitute--
"(y) a person employed under Part 3 of the Public Sector
Management and Employment Act 1998 with a classification
that is prescribed as a classification to which this section applies or
30 who holds office in a statutory authority with such a
classification;".
In section 123C(1), for paragraph (gb) substitute--
"(gb) a person employed under Part 3 of the Public Sector
Management and Employment Act 1998 with a classification
35 that is prescribed as a classification to which this section applies;".
In section 152(2), in paragraphs (a) and (b), for "offices in the public
service" substitute "classification".
46
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Extractive Industries Development Act 1995
In section 3(1), in the definition of "Department", for "Department of
Agriculture, Energy and Minerals" substitute "Department of Natural
Resources and Environment;".
5 In section 3(2)--
(a) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998";
(b) paragraph (a) is repealed;
(c) for "Department of Conservation and Natural Resources"
10 substitute "Department of Natural Resources and Environment".
In section 41--
(a) in sub-section (1), for "There may be appointed under the Public
Sector Management Act 1992" substitute "There may be
employed under Part 3 of the Public Sector Management and
15 Employment Act 1998";
(b) in sub-sections (2) and (3), for "appointed" substitute
"employed".
In Schedule 2, in clause 3, for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
20 Fences Act 1968
In section 19(1)--
(a) for "Minister for Conservation, Forests and Lands" substitute
"Minister";
(b) for "Department of Conservation, Forests and Lands" substitute
25 "Department of Natural Resources and Environment".
In section 31, for "Minister for Conservation, Forests and Lands"
substitute "Minister administering section 19".
Finance Brokers Act 1969
In section 6(1), for "Subject to the Public Service Act 1958 there shall
30 be appointed" substitute "There is to be employed under Part 3 of the
Public Sector Management and Employment Act 1998".
Financial Management Act 1994
In section 3, for the definition of "department" substitute--
' "department" means--
47
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Act No.
(a) a department within the meaning of the Public Sector
Management and Employment Act 1998;
(b) an office specified in section 16(1) of that Act;'.
In section 43(1)(b) and (c), for "officers" substitute "persons".
5 In section 45(4)--
(a) for "specified in column 3 of an item in Schedule 1 to the Public
Sector Management Act 1992" substitute "within the meaning
of the Public Sector Management and Employment Act 1998";
(b) omit "in column 1 of that item".
10 In section 54D(3), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
In section 54E(1), for "officer or employee of the public service within
the meaning of the Public Sector Management Act 1992" substitute
15 "employee in the public service within the meaning of the "Public
Sector Management and Employment Act 1998".
Firearms Act 1996
In section 3, in the definitions of "Department" and "Department Head"
for "Public Sector Management Act 1992" substitute "Public
20 Sector Management and Employment Act 1998".
In section 156(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
25 In section 160, for "officer or employee of the public service within the
meaning of the Public Sector Management Act 1992" substitute
"employee in the public service within the meaning of the Public
Sector Management and Employment Act 1998".
Fisheries Act 1995
30 In section 132(8), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
In section 135(7), for "Public Sector Management Act 1992 (except
35 Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
48
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In Schedule 1, in clause 5, for "Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
5 Flora and Fauna Guarantee Act 1988
In section 3(1), for the definition of "Department" substitute--
' "Department" means the Department of Natural Resources and
Environment;'.
After section 3(2) insert--
10 '(3) If under the Public Sector Management and Employment Act
1998 the name of the Department of Natural Resources and
Environment is changed, a reference in the definition of
"Department" in sub-section (1) to that Department must, from the
date when the name is changed, be treated as a reference to the
15 Department by its new name.'.
In section 8(9), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
Food Act 1984
In section 4(1) insert--
20 ' "Department" means the Department of Human Services;'.
After section 4(1) insert--
'(1A) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
reference in the definition of "Department" in sub-section (1) to
25 that Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In section 20(1)(b) omit "officers or".
In section 60D(2), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
30 Act 1998".
In section 60G, for "officer" substitute "employee".
Forests Act 1958
In section 42(6), for "Minister for Minerals and Energy" substitute
"Minister administering the Extractive Industries Development Act
35 1995".
In section 62(1A)(c), after "National Parks" insert "and Wildlife".
49
532029B.I1-21/4/98
Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
In section 91--
(a) for "Education Department" substitute "Department of
Education";
(b) for "Minister of Education" substitute "Minister administering the
5 Education Act 1958";
(c) for "Director-General of Education" (where twice occurring)
substitute "Secretary to the Department of Education".
In section 92(3)(b), for "Minister of Education" substitute "Minister
administering the Education Act 1958".
10 Freedom of Information Act 1982
In section 5--
(a) for the definition of "department" substitute--
' "department" means a department within the meaning of the
Public Sector Management and Employment Act 1998
15 or an office specified in section 16(1) of that Act;';
(b) in paragraph (a) of the definition of "officer" for "Public Service
Act 1974" substitute "Public Sector Management and
Employment Act 1998";
(c) for paragraph (a) of the definition of "principal officer"
20 substitute--
"(a) in relation to a department, the person employed as or
performing the duties of the Department Head within the
meaning of the Public Sector Management and
Employment Act 1998;".
25 Fuel Prices Regulation Act 1981
In section 3(4)(a)--
(a) for "Public Service Act 1974" substitute "Public Sector
Management and Employment Act 1998";
(b) for "officer of" substitute "employee in".
30 Fundraising Appeals Act 1998
In section 69 omit "officer or".
Gaming and Betting Act 1994
In section 85(6), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
35 Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
50
532029B.I1-21/4/98
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Sch. 1
Act No.
For section 96 substitute--
"96. Staff
Any employees that are necessary for the purposes of this Act may
be employed under Part 3 of the Public Sector Management and
5 Employment Act 1998.".
In section 97(7), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
10 In section 104--
(a) in sub-sections (1) and (2), after "appoint" insert "or employ";
(b) in sub-sections (3) and (6), after "appointed" insert "or
employed";
(c) in sub-section (7), for "the Public Sector Management Act 1992"
15 substitute "Part 3 of the Public Sector Management and
Employment Act 1998".
Section 171 is repealed.
Gas Industry Act 1994
In section 17A(5), for "Public Sector Management Act 1992"
20 substitute "Public Sector Management and Employment Act 1998".
In section 17C(4), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 62(1) and (2), for "Department of Conservation and Natural
Resources" substitute "Department of Natural Resources and
25 Environment".
In section 123(2), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
In Schedule 1, in clause 4(2), for "Public Sector Management Act
30 1992" substitute "Public Sector Management and Employment Act
1998".
Gas Safety Act 1997
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532029B.I1-21/4/98
Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
In section 16(2), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
In Schedule 1--
5 (a) in clause 2, for "a member of" substitute "an employee in";
(b) in clause 4, for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
1998".
Geelong Performing Arts Centre Trust Act 1980
10 In section 14(4) for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
Geographic Place Names Act 1998
In section 15 omit "officer or".
Gift Duty Act 1971
15 In section 4(1), for the definition of "Commissioner" substitute--
' "Commissioner" means the person employed under the Taxation
Administration Act 1997 as the Commissioner for State
Revenue;'.
Guardianship and Administration Board Act 1986
20 For section 6(1) substitute--
"(1) An executive officer and any employees that are necessary for the
proper functioning of the Board are to be employed under Part 3
of the Public Sector Management and Employment Act 1998.".
For section 17(1) substitute--
25 "(1) Any employees that are necessary to enable the functions of the
Public Advocate to be properly carried out may be employed
under Part 3 of the Public Sector Management and
Employment Act 1998.".
In Schedule 1--
30 (a) in clause 1(e), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998";
(b) in clause 2(1)(e), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998".
In Schedule 3--
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532029B.I1-21/4/98
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Sch. 1
Act No.
(a) in clause 1(d), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998";
(b) in clause 2(2)(c), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998".
5 Health Act 1958
In section 3--
(a) in the definition of "authorized", for "Chief General Manager"
substitute "Secretary";
(b) the definition of "Chief General Manager" is repealed;
10 (c) in the definition of "Department", for "Department of Health and
Community Services" substitute "Department of Human
Services";
(d) insert--
' "Secretary" means--
15 (a) in relation to any act to which section 6(3) applies, the
body corporate established under section 6; and
(b) in any other case, the Secretary to the Department of
Human Services;'.
At the end of section 3 insert--
20 '(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
reference in the definitions of "Department" and "Secretary" in
sub-section (1) to that Department must, from the date when the
name is changed, be treated as a reference to the Department by its
25 new name.'.
In sections 5(2) and 5B, for "Chief General Manager" substitute
"Secretary".
In section 6--
(a) for "Public Sector Management Act 1992" (where twice
30 occurring) substitute "Public Sector Management and
Employment Act 1998";
(b) for "Department of Health and Community Services" substitute
"Department of Human Services";
(c) for "Chief General Manager" (wherever occurring) substitute
35 "Secretary".
In sections 7 and 8, for "Chief General Manager" (wherever occurring)
substitute "Secretary".
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532029B.I1-21/4/98
Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
In section 8A(1)--
(a) for "Chief General Manager" (wherever occurring) substitute
"Secretary";
(b) for paragraphs (a) and (b) substitute--
5 "(b) any employee or class of employees in the public service;
or".
In section 8B, for "Department of Health" substitute "Department".
In sections 9, 9A, 24(1), 25(a), 29B(1), 30(3)(a), 36A, 37, 69, 70, 71,
72(1) and 79, for "Chief General Manager" (wherever occurring)
10 substitute "Secretary".
In section 80--
(a) for "Chief General Manager" (wherever occurring) substitute
"Secretary";
(b) in sub-section (3), for "Minister for Minerals and Energy and to
15 the Minister for Water Resources" substitute "Minister
administering the Extractive Industries Development Act 1995
and the Minister administering the Water Act 1989".
In sections 81(2)(b), 108AB (in the definitions of "registered person"
and "specially authorized officer"), 108AE(1), (2), (2A), (3), (4), (5A)
20 and (6), 108AEA, 108AF(1D), (2), (2A), (3), (4), (6) and (7),
108AG(1), (2), (3) and (5), 108AH(1), 108AJ, 108AK(6), 108AL(2),
108A (in the definition of "licence"), 108B, 108C(2) and (3), 108E,
108F(1), 108G(2) and (3), 120A(1), 120B(1), 120C(3) and (4),
120D(1), 121(1), (2), (3), (4), (5), (7), (8), (11) and (15), 122(1), (2),
25 (3), (7) and (8), 124(1) and (2), 125(2), (3), (4) and (6), 126, 130(1), (3)
and (8), 131 (in the definition of "approved"), 137, 138 and 146(1)(o),
for "Chief General Manager" (wherever occurring) substitute
"Secretary".
In section 160--
30 (a) in sub-section (1A), for "Director-General of Community
Services" substitute "Secretary";
(b) in sub-section (2)--
(i) in paragraph (a), for "Director-General" substitute
"Secretary";
35 (ii) in paragraph (b)(ii), for "Director-General of Community
Services" substitute "Secretary".
54
532029B.I1-21/4/98
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Sch. 1
Act No.
In section 162B, in paragraph (b) of the definition of "hospital", for
"Chief General Manager" substitute "Secretary".
In section 162C--
(a) in sub-section (1)(i) and (j)--
5 (i) for "officer or employee of" substitute "employee in";
(ii) for "Chief General Manager" substitute "Secretary";
(b) in sub-section (3)(d), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998".
In section 162F, for "Chief General Manager" (wherever occurring)
10 substitute "Secretary".
In section 208A(1)--
(a) in the definition of "authorized person", for "Director-General"
substitute "Secretary";
(b) the definition of "Director-General" is repealed.
15 In section 208C, 208D, 208E and 208G, for "Director-General"
(wherever occurring) substitute "Secretary".
In section 208HA(1), (2) and (3), for "Chief General Manager"
(wherever occurring) substitute "Secretary".
In section 208I(2)(a), for "Director-General" substitute "Secretary".
20 In sections 242(2) and (3), 248(1), (2) and (3), 249(3), 274(1), (3) and
(4), 277, 281(1A), 289(2)(a) and 294, for "Chief General Manager"
(wherever occurring) substitute "Secretary".
Sections 366A is repealed.
In sections 367, 368(1), (1A) and (3), 369, 370, 371(1), (3) and (4),
25 372, 374(1), (1A) and (1B), 375 and 376(1)(e), for "Chief General
Manager" (wherever occurring) substitute "Secretary".
Section 378 is repealed.
In sections 384, 386, 387, 390(2C), 391(1)(c), 399A(1) and (3)(c), 400,
401(2), 403, 406(1), 410(2), 413, 424(f), 425(8), 426(1), 434(1), 437,
30 439(1), 440(1)(a), 447, 448 and 450(2), for "Chief General Manager"
(wherever occurring) substitute "Secretary".
Health (Fluoridation) Act 1973
In section 2--
(a) the definition of "Chief General Manager" is repealed;
35 (b) insert--
55
532029B.I1-21/4/98
Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
' "Secretary" means the Secretary to the Department of Human
Services;'.
At the end of section 2 insert--
'(2) If under the Public Sector Management and Employment Act
5 1998 the name of the Department of Human Services is changed, a
reference in the definition of "Secretary" in sub-section (1) to that
Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In sections 5(1), 6, 7(1), 8 and 9, for "Chief General Manager"
10 (wherever occurring) substitute "Secretary".
Health Services Act 1988
In section 3--
(a) in the definition of "authorised officer", for "Chief General
Manager" substitute "Secretary";
15 (b) the definition of "Chief General Manager" is repealed;
(c) in the definition of "Department", for "Department of Health and
Community Services" substitute "Department of Human
Services";
(d) insert--
20 ' "Secretary" means the Secretary to the Department;'.
At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
reference in the definitions of "Department" and "Secretary" in
25 sub-section (1) to that Department must, from the date when the
name is changed, be treated as a reference to the Department by its
new name.'.
In sections 5, 6(1), 7(1), 17A and 18, for "Chief General Manager"
(wherever occurring) substitute "Secretary".
30 In section 18B--
(a) for "Chief General Manager" (wherever occurring) substitute
"Secretary";
(b) in sub-section (1)(b), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
35 1998".
56
532029B.I1-21/4/98
Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
In sections 18C(d), 20, 21, 22, 24(1) and (2), 25(2), 26(1), (2), (4), (5)
and (7), 27(1) and (4), 28(1), (3) and (4) and 32, for "Chief General
Manager" (wherever occurring) substitute "Secretary".
In section 33(11), for "Public Service Act 1974" substitute "Public
5 Sector Management and Employment Act 1998".
In sections 36(1) and 40C, for "Chief General Manager" (wherever
occurring) substitute "Secretary".
In section 40E(2), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
10 Act 1998".
In section 40H(1), 42(1)(h), (i) and (3) and 45, for "Chief General
Manager" (wherever occurring) substitute "Secretary".
In section 46(4), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
15 Act 1998".
In sections 53(4)(b), 57(7), 58(1)(d), 64(1), (4), (5), (6), (7) and (8),
64A(2), (3) and (4), 65(1), 67(1), 69B(3)(b), 69E(1), 69F(7), 70(1) and
(4), 71, 72, 73(f), 74(1) and (3), 75, 76, 82(1) and (3), 83, 84, 85(h), 86,
87(1), 88(1), (4) and (5), 89, 90, 91, 92(1) and (4), 93, 94, 95, 95A(1)
20 and (3), 96, 97(1) and (2), 103(1), (7), (8) and (9), 104, 105(1), 106(4),
107(b), 108, 110(g), 111, 112 and 113, for "Chief General Manager"
(wherever occurring) substitute "Secretary".
In section 115E(7), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
25 Act 1998".
In sections 115H(1), 115M, 115T(3) and (4), 115U(1) and 121(3), for
"Chief General Manager" (wherever occurring) substitute "Secretary".
In section 124(1)(d), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998".
30 In sections 144, for "Chief General Manager" (wherever occurring)
substitute "Secretary".
In section 145--
(a) for "Chief General Manager" (wherever occurring) substitute
"Secretary";
35 (b) omit "officer or".
In sections 146(1) and (2), 157(2), 158(1)(o) and (2)(ba), 160(1) and
(3), 161(3), 167(4) and (6), 171(4) and 172, for "Chief General
Manager" (wherever occurring) substitute "Secretary".
57
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Sch. 1
Act No.
Health Services (Conciliation and Review) Act 1987
In section 3(1)--
(a) in the definition of "health service", for "administrative unit,
associated administrative unit or office listed in Schedules 2, 3 and
5 3A of the Public Service Act 1974 other than the Department of
Community Services, the Director-General of Community
Services, the Department of Health and the Chief General
Manager of the Department of Health" substitute "Department of
Human Services and the Secretary to the Department of Human
10 Services";
(b) in the definition of "Industrial Tribunal" omit paragraph (c);
(c) in the definition of "provider"--
(i) in paragraph (b), for "Chief General Manager of the
Department of Health" substitute "Secretary to the
15 Department of Human Services";
(ii) in paragraphs (d) and (e), for "Chief General Manager"
substitute "Secretary".
After section 3(3) insert--
'(4) If under the Public Sector Management and Employment Act
20 1998 the name of the Department of Human Services is changed, a
reference in the definitions of "health service" and "provider" in
sub-section (1) to that Department must, from the date when the
name is changed, be treated as a reference to the Department by its
new name.'.
25 In section 7(6), for "section 102 of the Public Sector Management Act
1992" substitute "section 56 of the Public Sector Management and
Employment Act 1998".
For section 7A substitute--
"7A. Application of Public Sector Management and Employment Act
30 1998
The Commissioner is, in respect of that office, not subject to the
Public Sector Management and Employment Act 1998.".
In section 13(8), for "officer of" substitute "employee in".
In section 35(2)(c) omit "officer or".
35 Heritage Act 1995
In section 3, in the definition of "Executive Director", for "appointed"
substitute "employed".
58
532029B.I1-21/4/98
Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
In section 14(1), for "appointed under the Public Sector Management
Act 1992" substitute "employed under Part 3 of the Public Sector
Management and Employment Act 1998".
For section 17 substitute--
5 "17. Staff
Any employees that are necessary for the purposes of this Act may
be employed under Part 3 of the Public Sector Management and
Employment Act 1998.".
In sections 49(1)(b) and (2) and 123(1)(b), for "Department of Planning
10 and Development" substitute "Department of Infrastructure".
Section 192 is repealed.
In Schedule 1, in clause 2(4), for "Public Sector Management Act
1992 (except Part 9 or in accordance with Part 8)" substitute "Public
Sector Management and Employment Act 1998 (except in
15 accordance with Part 7 of that Act)".
Heritage Rivers Act 1992
In section 3, in the definition of "Central Plan Office", for "Department
of Finance" substitute "Department of Natural Resources and
Environment".
20 At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Natural Resources and
Environment is changed, a reference in the definition of "Central
Plan Office" in sub-section (1) to that Department must, from the
25 date when the name is changed, be treated as a reference to the
Department by its new name.'.
Hospitals Superannuation Act 1988
In sections 4(1A), 6(4), 14(1), 23(3) and (4), 27(1), 28(2), 30(1B) and
39, for "Treasurer" (wherever occurring) substitute "Minister".
30 In section 43(1), for "the chief administrator of any administrative unit"
substitute "a Department Head of any Department".
In sections 44A(2), 46(2)(b), 50(2) and 58A, for "Treasurer" (wherever
occurring) substitute "Minister".
House Contracts Guarantee Act 1987
35 In section 3(1)--
(a) for the definition of "chief administrator" substitute--
59
532029B.I1-21/4/98
Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
' "chief administrator" means the Department Head within the
meaning of the Public Sector Management and
Employment Act 1998 of the Department;';
(b) for the definition of "Department" substitute--
5 ' "Department" means the Department of Justice;'.
In section 3(2)--
(a) for "Public Service Act 1974" substitute "Public Sector
Management and Employment Act 1998";
(b) for "Ministry of Consumer Affairs" substitute "Department of
10 Justice".
Housing Act 1983
In section 4(1), in the definition of "Director of Housing", omit "and
includes any person acting in that office pursuant to section 69 of the
Public Service Act 1974".
15 In section 8(2), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 9(1)--
(a) in paragraph (a)(ii), for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998";
20 (b) in paragraph (b)--
(i) for "officer in the public service within the meaning of the
Public Service Act 1974" substitute "employee in the public
service within the meaning of the Public Sector
Management and Employment Act 1998;";
25 (ii) in sub-paragraph (i)(B), for "Public Service Act 1974, to be
appointed to some office" substitute "Public Sector
Management and Employment Act 1998, to be employed
in some position";
(iii) in sub-paragraph (ii), for "if the Public Service Board so
30 recommends and notwithstanding anything in the Public
Service Act 1974, to be appointed to some office" substitute
"despite anything in the Public Sector Management and
Employment Act 1998, to be employed in some position".
Section 9(5) is repealed.
35 In section 14(1)(b), for "Minister for Conservation, Forests and Lands"
substitute "Minister administering the Crown Lands (Reserves) Act
1978".
60
532029B.I1-21/4/98
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Sch. 1
Act No.
In section 27(2), for "Treasurer" substitute "Minister administering
Part 7 of the Financial Management Act 1994".
In section 60(2), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
5 Infertility Treatment Act 1995
In section 3, for paragraph (b) in the definition of "Secretary"
substitute--
"(b) in any other case, the Secretary to the Department of Human
Services;".
10 After section 3(2) insert--
'(3) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
reference in the definition of "Secretary" in sub-section (1) to that
Department must, from the date when the name is changed, be
15 treated as a reference to the Department by its new name.'.
In section 124(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
20 In section 128(1), for "officer or employee of the public service within
the meaning of the Public Sector Management Act 1992" substitute
"employee in the public service within the meaning of the Public
Sector Management and Employment Act 1998".
Intellectually Disabled Persons' Services Act 1986
25 In section 3--
(a) in the definition of "Department", for "Department of Health and
Community Services" substitute "Department of Human
Services";
(b) the definition of "Director-General" is repealed;
30 (c) in the definition of "eligible person", for "Director-General"
substitute "Secretary".
At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed, a
35 reference in the definition of "Department" in sub-section (1) to
61
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Sch. 1
Act No.
that Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In sections 7(1), (2) and (3), 9, 10(1), (2), (3), (4), (5) and (6), 11, 12
and 12A(1), for "Director-General" (wherever occurring) substitute
5 "Secretary".
In section 13(4)(d), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In sections 14(1)(c) and (3), 18(1) and (2) and 21(2), (3), (5) and (6),
for "Director-General" (wherever occurring) substitute "Secretary".
10 In section 21--
(a) for "Minister administering the Office of Corrections" (wherever
occurring) substitute "Minister administering the Corrections
Act 1986";
(b) for "Director-General" (wherever occurring) substitute
15 "Secretary".
In sections 22(1) and (2), 23(1) and (2), 24(1), (2) and (3), 25(6) and (7)
and 28(c), for "Director-General" (wherever occurring) substitute
"Secretary".
For section 29(1) substitute--
20 "(1) An executive officer is to be, and any employees that are
necessary for the proper functioning of the Intellectual Disability
Review Panel may be, employed under Part 3 of the Public Sector
Management and Employment Act 1998.".
In section 30(6), for "Public Sector Management Act 1992"
25 substitute "Public Sector Management and Employment Act 1998".
In sections 37(1), (3) and (4), 38(1), 39, 40(1) and (3), 41, 42, 44(1) (in
the definition of "authorized officer"), 52(2)(d), (4), (5) and (6), 58(3),
64(c)(iii) and 65, for "Director-General" (wherever occurring)
substitute "Secretary".
30 In section 67--
(a) for "Director-General" (wherever occurring) substitute
"Secretary";
(b) for "Public Sector Management Act 1992" (wherever occurring)
substitute "Public Sector Management and Employment Act
35 1998".
In sections 68 and 75, for "Director-General" (wherever occurring)
substitute "Secretary".
62
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Act No.
In Schedule 1, in clauses 1(e) and 2(1)(e), for "Public Sector
Management Act 1992" (wherever occurring) substitute "Public
Sector Management and Employment Act 1998".
In Schedule 2, in clause 1(3), for "Public Sector Management Act
5 1992" (where twice occurring) substitute "Public Sector
Management and Employment Act 1998".
In Schedule 3, in clause 1(d), for "Public Sector Management Act
1992" substitute "Public Sector Management and Employment Act
1998".
10 Introduction Agents Act 1997
In section 41, for "officer of" substitute "employee in".
In section 41A, for "officer or employee of the public service"
substitute "employee under Part 3 of the Public Sector Management
and Employment Act 1998".
15 Judicial Remuneration Tribunal Act 1995
For section 6(3) substitute--
"(3) The Public Sector Management and Employment Act 1998
(except in accordance with Part 7 of that Act) does not apply to a
member in respect of the office of member.".
20 Juries Act 1967
In Schedule 3, in clause (1)--
(a) in paragraph (f), for "Director-General of Community Services"
substitute "Director of Youth and Family Services";
(b) for paragraph (g) substitute--
25 "(g) employed under the direction and control of the Chief
Commissioner of Police or the Director of Youth and Family
Services or the Correctional Services Commissioner or the
Chief Executive Officer, CORE--the Public Correctional
Enterprise; or
30 (ga) employed in the Police Department; or
(gb) employed under the direction and control of the Electoral
Commissioner; or
(gc) authorised by the Secretary to the Department of Justice to
exercise powers under the Corrections Act 1986;".
35 In Schedule 4(4), for "Public Service Board" substitute "office of the
Commissioner for Public Employment".
Kew and Heidelberg Lands Act 1933
63
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Act No.
In section 6A(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
5 Labour and Industry Act 1958
In section 3(1), in the definition of "Department", for "Department of
Labour and Industry" substitute "Department of State Development".
After section 3(1) insert--
'(1A) If under the Public Sector Management and Employment Act
10 1998 the name of the Department of State Development is
changed, a reference in the definition of "Department" in sub-
section (1) to that Department must, from the date when the name
is changed, be treated as a reference to the Department by its new
name.'.
15 In section 8--
(a) for "Department of Labour and Industry" substitute "Department
of State Development";
(b) in paragraph (a), for "Minister of Labour and Industry" substitute
"Minister";
20 (c) for paragraph (b) substitute--
"(b) such other employees as are necessary.".
Section 9 is repealed.
For section 11(a) substitute--
"(a) for the purposes of the Public Sector Management and
25 Employment Act 1998 be the Department Head within the
meaning of that Act; and".
Section 12(3) is repealed.
In section 15--
(a) in sub-section (1), for "Subject to the Public Service Act 1974
30 there may be appointed" substitute "There may be employed
under Part 3 of the Public Sector Management and
Employment Act 1998";
(b) in sub-section (2)--
(i) for "officer" substitute "employee";
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(ii) for "member's or officer's office" substitute "member's office
or employee's position".
In section 186(2), for "appointment" substitute "employment".
Land Act 1958
5 In section 3, the definition of "Minister" is repealed.
In sections 22C(4) and 31(1)(f), for "Minister for Conservation, Forests
and Lands" substitute "Minister".
In section 151A, the definition of "Minister" is repealed.
Land Acquisition and Compensation Act 1986
10 In section 59, for "Treasurer" substitute "Minister administering Part 7
of the Financial Management Act 1994".
In sections 62, 71(1) and 73(1), for "Treasurer" substitute "Minister
administering Part 7 of the Financial Management Act 1994".
Land Tax Act 1958
15 In section 4(4)(d), for "Director-General of Industry, Technology and
Resources" substitute "Secretary to the Department of State
Development".
In section 61--
(a) for "some officer in the public service of Victoria" substitute "a
20 person employed in the administration of this Act or in the
administration and execution of another Act under the general
administration of the Commissioner";
(b) for "officer" (where secondly occurring) substitute "person".
In section 85, for "officer" substitute "person employed in the public
25 service in the administration of this Act".
Landlord and Tenant Act 1958
In section 43(1), for paragraph (c) in the definition of "authorized
officer" substitute--
"(c) an employee in the Department of Justice".
30 In section 45A(1), for "Law Department" substitute "Department of
Justice".
Legal Aid Act 1978
In section 12B, for "Public Sector Management Act 1992 (including
Part 9)" (where twice occurring) substitute "Public Sector
35 Management and Employment Act 1998".
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Act No.
For section 12F(5) substitute--
"(5) The Public Sector Management and Employment Act 1998
(except in accordance with Part 7 of that Act) does not apply to the
acting managing director in respect of the office of acting
5 managing director.".
For section 18(4) substitute--
"(4) The Public Sector Management and Employment Act 1998
(except in accordance with Part 7 of that Act) does not apply to a
panel member in respect of the office of panel member.".
10 Legal Practice Act 1996
In section 237(6), for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
In section 238(1)--
15 (a) omit "officer or";
(b) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998".
In section 331(4), for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
20 Employment Act 1998".
For section 335(1) substitute--
"(1) A secretary to the Council and any other employees that are
necessary for the performance by the Council of its functions may
be employed under Part 3 of the Public Sector Management and
25 Employment Act 1998.".
In section 338(4), for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
For section 345(1) substitute--
30 "(1) A secretary to the Board of Examiners and any other employees
that are necessary for the performance by the Board of its
functions may be employed under Part 3 of the Public Sector
Management and Employment Act 1998.".
In section 349(2), for "Public Sector Management Act 1992
35 (including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
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Act No.
In section 393(6), for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
For section 405 substitute--
5 "405. Staff
Any employees that are necessary for the purposes of this Part
may be employed under Part 3 of the Public Sector
Management and Employment Act 1998.".
In section 416(4), for "Public Sector Management Act 1992
10 (including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
For section 420(4) substitute--
"(4) The Public Sector Management and Employment Act 1998
does not apply to the Legal Ombudsman, except as provided in
15 section 16 of that Act".
For section 425(1) substitute--
"(1) Any employees that are necessary for the purposes of this Part
may be employed under Part 3 of the Public Sector Management
and Employment Act 1998.".
20 In Schedule 2, in clause 57(2), for "section 38 of the Public Sector
Management Act 1992" substitute "section 20(2)(j) of the Public
Sector Management and Employment Act 1998".
Libraries Act 1988
In section 23(7), for "Public Sector Management Act 1992 (including
25 Part 9)" substitute "Public Sector Management and Employment
Act 1998".
For section 29(1) substitute--
"(1) A Director of the State Library of Victoria is to be employed under
Part 3 of the Public Sector Management and Employment Act
30 1998.".
In section 31(1), for "Treasurer" substitute "Minister administering
Part 7 of the Financial Management Act 1994".
Liquor Control Act 1987
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Act No.
In section 3, in the definition of "authorised gaming visitor", for
"Schedule 5 to the Public Service Act 1974" substitute "the Schedule
to the Public Holidays Act 1993".
In section 6(8), for "Public Service Act 1974" substitute "Public
5 Sector Management and Employment Act 1998".
In section 10(5), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 35(2), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
10 For section 45(1) substitute--
"(1) A Registrar and any employees that are necessary for the
performance of the functions and exercise of the powers of the
Commission are to be employed under Part 3 of the Public Sector
Management and Employment Act 1998.".
15 Livestock Disease Control Act 1994
In section 3, in the definition of "Secretary", for "Department of
Agriculture" substitute "Department of Natural Resources and
Environment".
At the end of section 3 insert--
20 '(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Natural Resources and
Environment is changed, a reference in the definition of
"Secretary" in sub-section (1) to that Department must, from the
date when the name is changed, be treated as a reference to the
25 Department by its new name.'.
In section 60(a), for "officers and employees of the State of Victoria
who are or would be employed under the Public Sector Management
Act 1992" substitute "employees who are or would be employed in the
public service under Part 3 of the Public Sector Management and
30 Employment Act 1998".
In section 87(3)(b), for "Department of Agriculture" substitute
"Department of Natural Resources and Environment".
In section 108(1), for "holding a position under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
35 Public Sector Management and Employment Act 1998".
In Schedule 1, clause 3, omit "officer or".
In Schedule 1, in clause 5, for "Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8" substitute "Public Sector
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Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
Local Authorities Superannuation Act 1988
In sections 3, (in paragraph (b) of the definition of "adjusted final
5 salary" and paragraph (p) of the definition of "authority"), 4(4) and
53A(1), for "Treasurer" (wherever occurring) substitute "Minister".
In section 9(9), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
10 Local Government Act 1989
In section 133(1), for "Director-General for Local Government" (where
twice occurring) substitute "Secretary to the Department of
Infrastructure".
In section 209--
15 (i) in sub-section (2)(d), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
1998".
(ii) in sub-section (3) omit "officers or".
Section 220C(2) is repealed.
20 In section 223A, for "Public Sector Management Act 1992" (where
twice occurring) substitute "Public Sector Management and
Employment Act 1998".
In sections 228(1) and 232(1), for "Director-General" (wherever
occurring) substitute "Secretary to the Department of Infrastructure".
25 In sections 236(2) and 237(1), for "Director-General for Local
Government" (wherever occurring) substitute "Secretary to the
Department of Infrastructure".
In Schedule 4, in clause 2(1)(c), for "Public Sector Management Act
1992 (except Part 9)" substitute "Public Sector Management and
30 Employment Act 1998".
Magistrates' Court Act 1989
In section 3(1)--
(a) the definition of "chief administrator" is repealed;
(b) for the definition of "Department" substitute--
35 ' "Department" means the Department of Justice;';
(c) insert--
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' "Secretary" means the Secretary to the Department of Justice;'.
For section 3(2) substitute--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Justice is changed, the
5 reference in sub-section (1) in the definitions of "Department" and
"Secretary" to that Department must, from the date when the name
is changed, be treated as a reference to the Department by its new
name.'.
In section 17(1), for ", subject to the Public Service Act 1974, to be
10 appointed" substitute "to be employed under Part 3 of the Public
Sector Management and Employment Act 1998".
In sections 49(1)(c) and 79(1)(d)(iii), for "Director of Community
Services" substitute "Secretary to the Department of Human Services".
In sections 81 and 82(2), for "Department of Health and Community
15 Services" substitute "Department of Human Services".
In section 115(11), for "chief administrator" substitute "Secretary".
For section 121(1) substitute--
'(1) In this section "prescribed office" means a position in the public
service with a classification that is prescribed as a classification to
20 which this section applies.'.
After section 136 of the Magistrates' Court Act 1989 insert--
"136A. Court registrars etc. may be directed to act anywhere
(a) Despite anything in any Act, an appointment as a registrar or
bailiff of the Magistrates' Court; or
25 (b) a registrar or deputy registrar of the Children's Court--
authorises that person to act as such anywhere in Victoria as
directed by the Minister of the Agency (within the meaning of the
Public Sector Management and Employment Act 1998) or the
appropriate Agency Head (within the meaning of that Act).".
30 Maintenance Act 1965
In section 68(1), the definition of "Secretary to the Law Department" is
repealed.
In sections 82(1), 83(5), 84, 85(1), (2) and (3), 86(1)(b) and (2) and 89,
for "Law Department" (wherever occurring) substitute "Department of
35 Justice".
Marine Act 1988
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Act No.
In section 69(5), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 77--
(a) for "Department of Transport" substitute "Department of
5 Infrastructure";
(b) after "officer" insert "or employee";
(c) for "Ministry of Transport" substitute "Department of
Infrastructure".
In section 78(2), for "Treasurer" substitute "Minister administering
10 Part 7 of the Financial Management Act 1994".
Market Court Act 1978
In section 4(4)(e), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 5(2)(c), for "Public Service Act 1974" substitute "Public
15 Sector Management and Employment Act 1998".
For section 14(1), substitute--
"(1) A Registrar of the Court and such other employees as are
necessary for the purposes of this Act are to be employed under
Part 3 of the Public Sector Management and Employment Act
20 1998.".
Marketable Securities Act 1970
In section 3(2), for "Attorney-General" substitute "Minister".
Meat Industry Act 1993
In section 3(1), in the definition of "chief veterinary officer" and
25 "Secretary", for "Department of Agriculture" substitute "Department of
Natural Resources and Environment".
After section 3(1) insert--
'(1A) If under the Public Sector Management and Employment Act
1998 the name of the Department of Natural Resources and
30 Environment is changed, the references in the definitions of "chief
veterinary officer" and "Secretary" to that Department must, from
the date when the name is changed, be treated as a reference to the
Department by its new name.'.
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In section 30(6), for "Department of Agriculture" substitute
"Department of Natural Resources and Environment".
In section 48(2)--
(a) in paragraph (b), for "officer or employee of the Department of
5 Agriculture" substitute "employee in the Department of Natural
Resources and Environment";
(b) in paragraph (c), for "Department of Health and Community
Services" substitute "Department of Human Services".
For section 49(3) substitute--
10 "A member of the Authority is not subject to the Public Sector
Management and Employment Act 1998 in respect of the office
of member.".
In section 51(1) omit "officer or".
In section 55(4), for "Public Sector Management Act 1992 and is not
15 subject to Part 9 of that Act" substitute "Public Sector Management
and Employment Act 1992".
Medical Practice Act 1994
In section 3--
(a) in sub-section (1), for paragraph (b) of the definition of
20 "Secretary" substitute--
"(b) in any other case, the Department Head, within the meaning
of the Public Sector Management and Employment Act
1998, to the Department of Human Services;";
At the end of section 3 insert--
25 '(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed,
the reference in the definition of "Secretary" in sub-section (1) to
that Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
30 In section 59--
(a) in sub-section (2)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
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(b) sub-section (5) is repealed.
In section 68(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
5 Part 7 of that Act)".
In section 72--
(a) in sub-section (1)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
10 "Public Sector Management and Employment Act 1998";
(b) sub-section (3) is repealed.
For section 83(3) substitute--
"(3) A member is, in respect of that appointment as member, not
subject to the Public Sector Management and Employment Act
15 1998.".
In section 86--
(a) in sub-section (1)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
20 "Public Sector Management and Employment Act 1998";
(b) sub-section (3) is repealed.
Melbourne and Metropolitan Board of Works Act 1958
In section 60(1), for "Minister for Conservation, Forests and Lands"
substitute "Minister administering the Crown Land (Reserves) Act
25 1978".
In section 134--
(a) for "Chief General Manager of" (where twice occurring)
substitute "Secretary to";
(b) for "Department of Health" (wherever occurring) substitute
30 "Department of Human Services".
In section 152, for "Minister of Education" substitute "Minister
administering the Education Act 1958".
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In sections 180 and 181, for "Treasurer of Victoria" substitute
"Minister administering Part 7 of the Financial Management Act
1994".
In section 239, for "Minister of Education" substitute "Minister
5 administering the Education Act 1958".
Melbourne and Olympic Parks Act 1985
In section 10(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
10 Part 7 of that Act)".
In section 14(1)(b)--
(a) omit "officer or";
(b) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998".
15 In sections 23(1), 24(1) and 25(1), for "Minister for Conservation,
Forests and Lands" substitute "Minister administering the Crown
Land (Reserves) Act 1978".
Melbourne City Link Act 1995
In sections 39(3) and 42(2)(d), for "Department of Conservation and
20 Natural Resources" substitute "Department of Natural Resources and
Environment".
In section 89(2), for "Department of Transport" substitute "Department
of Infrastructure".
In section 101(1), for "Public Sector Management Act 1992"
25 substitute "Public Sector Management and Employment Act 1998".
In section 102(1)(b), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 109(1)(b), for sub-paragraph (ii) substitute--
"(ii) an employee in the public service within the meaning of the
30 Public Sector Management and Employment Act 1998; or".
Melbourne City Link Authority Act 1994
In section 9(5), for "Public Sector Management Act 1992 (except Part
9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
35 Part 7 of that Act)".
In section 20(d), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
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Melbourne Convention and Exhibition Trust Act 1996
In section 9(3), for "Public Sector Management Act 1992 (except Part
9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
5 Part 7 of that Act)".
Melbourne Cricket Ground Act 1984
In section 3(2)(c), for "Minister for Conservation, Forests and Lands
and the Minister for Planning and Environment" substitute "Minister
administering the Crown Land (Reserves) Act 1978 and the Minister
10 administering the Planning and Environment Act 1987".
Melbourne Market Authority Act 1977
For section 10(6) substitute--
"(6) A member, in respect of the office of member, is not subject to the
Public Sector Management and Employment Act 1998.".
15 In section 18, for "officer of" substitute "employee in".
In section 40(2)--
(a) in paragraph (a), for "Director-General, Department of
Management and Budget" substitute "Secretary to the Department
of Treasury and Finance";
20 (b) in paragraph (b), for "Secretary for Local Government" substitute
"Secretary to the Department of Infrastructure".
Melbourne Sports and Aquatic Centre Act 1994
In section 11(4), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
25 Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
Melbourne University Act 1958
In section 3, the definition of "Minister" is repealed.
In section 40A(9)(c) and (d), for "Treasurer" substitute "Minister
30 administering Part 7 of the Financial Management Act 1994".
Melbourne Water Corporation Act 1992
In section 16(2)(b), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
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Mental Health Act 1986
In section 3--
(a) the definition of "Chief General Manager" is repealed";
(b) for the definition of "Secretary" substitute--
5 ' "Secretary" means--
(a) in relation to any act to which section 6(3) of the
Health Act 1958 applies, the body corporate
established under section 6 of that Act;
(b) in any other case, the Secretary to the Department;'.
10 At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed,
the reference in the definition of "Department" in sub-section (1)
to that Department must, from the date when the name is changed,
15 be treated as a reference to the Department by its new name.'.
In section 16(7)(a)(i), for "Director-General of Community Services"
substitute "Secretary".
For section 23(1) substitute--
"(1) An executive officer and any employees that are necessary for the
20 proper functioning of the Board are to be employed under Part 3
of the Public Sector Management and Employment Act 1998.".
In section 25, for "Chief General Manager" substitute "Secretary".
In section 38, for "officers" substitute "employees in the Department of
Justice".
25 In section 46, for "officers" substitute "employees in the Department of
Justice".
In section 51(5), for "Director-General of Corrections" substitute
"Secretary to the Department of Justice".
In section 53(1)(c) omit "officer or".
30 In section 53A--
(a) in paragraph (a)(i), for "Director-General of Community Services"
substitute "Secretary to the Department of Human Services";
(b) in paragraph (b)(i), for "Department of Community Services"
substitute "Department of Human Services".
35 In section 53AD(1)(c) omit "officer or".
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In sections 75(2), (4) and (5), 76, 77(1), (3) and (4), 78 and 79, for
"Chief General Manager" (wherever occurring) substitute "Secretary".
In section 87A--
(a) after "appointed" (where twice occurring) insert "or employed";
5 (b) in sub-section (3)--
(i) after "appointment" (where first occurring) insert "or
employment";
(ii) for "the appointment is made" substitute "that appointment
or employment".
10 In section 88(1)(b), for "Chief General Manager" substitute
"Secretary".
In section 95--
(a) omit "appointed or";
(b) for "Chief General Manager" substitute "Secretary";
15 (c) omit "officers or".
In section 97--
(a) for "Chief General Manager" (wherever occurring) substitute
"Secretary";
(b) for "Public Sector Management Act 1992" (wherever occurring)
20 substitute "Public Sector Management and Employment Act
1998".
In sections 99(1) and (2), 100(1) and (2), 101(1), (2) and (3) and 105(1)
and (2), for "Chief General Manager" substitute "Secretary".
For section 105(5) substitute--
25 "(5) Any employees that are necessary to assist the chief psychiatrist in
the performance of his or her powers, duties and functions under
this Act are to be employed under Part 3 of the Public Sector
Management and Employment Act 1998.".
In section 106(1), in the definition of "authorised officer", omit
30 "appointed under section 105(5)".
In section 117F(4), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
35 In section 117J(3)--
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(a) for "officer or employee of" (where twice occurring) substitute
"employee in";
(b) for "Part 2 of Schedule 4 to the Public Sector Management Act
1992 and that Part takes effect as if a reference in it to the
5 appropriate Department Head were a reference to the Secretary"
substitute "long service leave".
In sections 127, 128 and 142(1)(c) and (3), for "Chief General
Manager" substitute "Secretary".
In Schedule 1, in clauses 1(e) and 2(e), for "Public Sector
10 Management Act 1992" (wherever occurring) substitute "Public
Sector Management and Employment Act 1998".
In Schedule 3, in clause 4, for "Public Sector Management Act 1992"
(where twice occurring) substitute "Public Sector Management and
Employment Act 1998".
15 In Schedule 5, in clause (1)(d), for "Public Service Act 1974"
substitute "Public Sector Management and Employment Act 1998".
Metropolitan Fire Brigades Act 1958
In section 11(1) omit "officer or".
In section 12, for "Public Sector Management Act 1992 (including
20 Part 9)" substitute "Public Sector Management and Employment
Act 1998".
In section 65, for "Chief General Manager of the Department of Health"
substitute "Secretary to the Department of Human Services".
In section 79D omit "officer or".
25 In section 79E, for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
Mineral Resources Development Act 1990
In section 4(1)--
30 (a) in the definitions of "chief mining inspector", "inspector" and
"registrar", for "appointed" substitute "employed";
(b) in the definition of "Department", for "Department of Energy and
Minerals" substitute "Department of Natural Resources and
Environment";
35 (c) in paragraph (a) of the definition of "dispute", for "officer"
substitute "employee".
In section 4(2)--
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(a) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998";
(b) for "Department of Energy and Minerals" substitute "Department
of Natural Resources and Environment".
5 In section 50(1)--
(a) in paragraphs (a) and (b), for "officer of" (wherever occurring)
substitute "employee in";
(b) for paragraph (c) substitute--
"(c) one is nominated by the Minister administering the Planning
10 and Environment Act 1987 and is the Secretary to the
Department of Infrastructure or a person employed in that
Department; and".
In section 51--
(a) in sub-section (5)--
15 (i) for "government office, within the meaning of the Public
Service Act 1974, or a full-time office in the public service
or with a statutory authority" substitute "statutory office
within the meaning of the Public Sector Management and
Employment Act 1998 or is employed full-time in the public
20 service or holds an office with or is employed by a statutory
authority";
(ii) after "office" (where thirdly occurring) insert "or
employment";
(b) in sub-section (6), for "Public Service Act 1974" substitute
25 "Public Sector Management and Employment Act 1998".
In section 68, for "appointed subject to the Public Service Act 1974"
substitute "employed under Part 3 of the Public Sector Management
and Employment Act 1998".
In section 90--
30 (a) in sub-section (1), for "There may be appointed, subject to the
Public Service Act 1974" substitute "There may be employed
under Part 3 of the Public Sector Management and
Employment Act 1998";
(b) in sub-section (2), for "appointed" substitute "employed".
35 In section 95(2)(b), for "officer of" substitute "employee in".
In section 96(5), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
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In section 99(1)(e), for "officer" (where twice occurring) substitute
"employee".
In section 120, for "officer of" (where twice occurring) substitute
"employee in".
5 In section 121(1), for "officer" substitute "employee".
Ministry for the Arts Act 1972
In section 1(1), for "Ministry for the Arts Act 1972" substitute
"Arts Victoria Act 1972".
In section 2--
10 (a) for the definition of "Director" substitute--
' "Department" means the Department of Premier and Cabinet;
"Director" means the Director employed in accordance with
section 7.';
(b) the definition of "Minister" is repealed.
15 At the end of section 2 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Premier and Cabinet is
changed, the reference in the definition of "Department" in sub-
section (1) to that Department must, from the date when the name
20 is changed, be treated as a reference to the Department by its new
name.'.
Section 3 is repealed.
In section 4--
(a) for "The objects of the Ministry shall be" substitute "The objects
25 of the Department under this Act are";
(b) in paragraph (e), for "referred to in the Schedule" substitute "for
which the Minister is responsible".
Sections 5 and 6 are repealed.
For section 7 substitute--
30 "7. Director
A Director, Arts Victoria may be employed under Part 3 of the
Public Sector Management and Employment Act 1998.".
In section 8(a), after "Act" insert "and advising the Minister in relation
to those objects".
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Act No.
After section 13 insert--
"13A. Transitional provisions
(1) In an Act, a subordinate instrument within the meaning of the
Interpretation of Legislation Act 1984 or any document
5 whatever a reference to the Ministry for the Arts Act 1972 is, in
relation to any period occurring on or after the commencement of
Schedule 1 to the Public Sector Reform (Miscellaneous
Amendments) Act 1998, and unless inconsistent with the context
or subject matter, to be taken to be a reference to the Arts
10 Victoria Act 1972.
(2) A person appointed as Director under the Ministry for the Arts
Act 1972 before the commencement of Schedule 1 to the Public
Sector Reform (Miscellaneous Amendments) Act 1998 is to be
taken after that commencement to be employed under Part 3 of the
15 Public Sector Management and Employment Act 1998 on the
same terms and conditions and with the same accrued or accruing
entitlements as applied to the person under the Ministry for the
Arts Act 1972 immediately before that commencement.".
Sections 14 and 15 and the Schedule are repealed.
20 Ministry of Consumer Affairs Act 1973
Section 5 is repealed.
In section 6--
(a) in sub-section (1), for "Public Service Act 1958" substitute
"Public Sector Management and Employment Act 1998";
25 (b) sub-section (5) is repealed.
For section 7 substitute--
"7. Staff
Any employees that are necessary for the purposes of this Act may
be employed under Part 3 of the Public Sector Management and
30 Employment Act 1998.".
Section 9 is repealed.
Motor Car Traders Act 1986
In section 58(2), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
35 Act 1998".
For section 62 substitute--
"62. Secretary to the Committee
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A Secretary to the Committee and any employees that are
necessary for the purposes of this Part are to be employed under
Part 3 of the Public Sector Management and Employment Act
1998."
5 For section 109(1) substitute--
"(1) A Registrar of the Authority and any Deputy Registrars and other
employees that are necessary for the purposes of this Part are to be
employed under Part 3 of the Public Sector Management and
Employment Act 1998.".
10 Municipal Association Act 1907
In section 13, the definition of "Minister" is repealed.
Murray Valley Citrus Marketing Act 1989
In section 3--
(a) in the definition of "Directors", in paragraph (a), for "officer of the
15 Department of Agriculture and Rural Affairs" substitute
"employee in the Department of Natural Resources and
Environment";
(b) in the definition of "State director", for "Department of
Agriculture and Rural Affairs" substitute "Department of Natural
20 Resources and Environment".
At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Natural Resources and
Environment is changed, the reference in the definitions of
25 "Directors" and "State director" in sub-section (1) to that
Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In section 11(3), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
30 In section 15 omit "officer or".
In section 29 omit "officers and".
In section 51(3)(b), for "Department of Agriculture and Rural Affairs"
substitute "Department of Natural Resources and Environment".
Museums Act 1983
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Act No.
In section 11(11), for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
For section 26(5) substitute--
5 '(5) In this section "department" means a department or
administrative office within the meaning of the Public Sector
Management and Employment Act 1998.'.
In section 28(1), for "Treasurer" (wherever occurring) substitute
"Minister administering Part 7 of the Financial Management Act
10 1994".
In section 45 omit "officers and".
National Parks Act 1975
In section 3 insert--
' "Central Plan Office" means the Central Plan Office of the
15 Department of Natural Resources and Environment;'.
In section 5(6), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 8(1) substitute--
"(1) If the Director was immediately before his or her appointment as
20 Director employed in the public service or was engaged or
employed in any office or capacity in which he or she was eligible
to be employed in the public service on the termination of such
engagement or employment--
(a) he or she is eligible at the termination of his or her
25 appointment to be employed in the public service with a
classification and emolument corresponding with or higher
than that which he or she last held or received in the public
service as if his or her service as Director had been service in
the public service; and
30 (b) for the purpose of long service leave, he or she is to be taken
to continue to be an employee in the public service for the
period of that appointment.".
For section 9(1) substitute--
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"(1) Any employees that are necessary for the purposes of this Act are
to be employed under Part 3 of the Public Sector Management
and Employment Act 1998.".
In section 9(2) omit "appointed or".
5 In section 25, for "Minister of Public Works" substitute "Minister
administering the Planning and Environment Act 1987".
In sections 30A(2) and 30D(2), omit "of the Department of Property
and Services".
In section 31AA(1), omit "of the Department of Finance".
10 In section 32AA(1) and (3), for "Minister of Public Works" substitute
"Minister administering the Planning and Environment Act 1987".
In section 32F(2)(d), for "Department of Conservation, Forests and
Lands" substitute "Department of Natural Resources and
Environment".
15 In section 33(3)(e), for "Minister for Local Government or the Minister
of Transport" substitute "Minister administering the Planning and
Environment Act 1987 or the Minister administering Part 4 of the
Transport Act 1983".
For section 35A(a) substitute--
20 "(a) any employee under the Public Sector Management and
Employment Act 1998; or".
In section 37(7) and (8), omit "of the Department of Property and
Services".
In Schedule Two--
25 (a) in Parts 1, 3, 4, 8, 12, 18, 19, 29, 35, 36 and 38, omit "of the
Department of Property and Services";
(b) in Part 2, omit "of the Department of Conservation, Forests and
Lands";
(c) in Parts 5, 9, 11, 14, 16, 17, 23, 26 and 31, omit "of the
30 Department of Crown Lands and Survey";
(d) in Parts 6, 7, 13, 15, 20, 21, 25, 27, 30, 34 and 37, omit "of the
Office of Surveyor General" (wherever occurring);
(e) in Parts 10 and 39, omit "of the Department of Finance";
(f) in Part 28, omit "of Surveyor General".
35 In Schedule Two A--
(a) in Parts 1 and 2, omit "of the Department of Property Services";
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(b) in Part 3, omit "of the Ministry of Finance".
In Schedule Two B--
(a) in Parts 1, 2, 5, 8, 12, 13, 14, 31, 33 and 36, omit "of the Office of
Surveyor General";
5 (b) in Parts 3, 4, 6, 7, 9, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,
28, 30, 32 and 34, omit "of the Department of Property and
Services";
(c) in Part 35, omit "of the Department of Finance".
In Schedule Three--
10 (a) in Parts 1, 4, 7, 8, 9, 11, 12, 13 and 14, omit "of the Department of
Property and Services" (wherever occurring);
(b) in Parts 1A, 2A, 3, 6, 10 and 15, omit "of the Office of Surveyor
General".
In Schedule Four--
15 (a) in Parts 1, 3 and 4, omit "in the Department of Property and
Services";
(b) in Part 2, omit "of the Department of Property and Services";
In Schedule Five, in Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16,
17, 18, 19 and 20, omit "of the Ministry of Finance".
20 In Schedule Six, in Parts 1 to 20, omit "of the Ministry of Finance".
Nuclear Activities (Prohibitions) Act 1983
In section 9(1)(h), for "Chief General Manager of the Department of
Health" substitute "Secretary to the Department of Human Services".
Nurses Act 1993
25 In section 3, in paragraph (b) of the definition of "Secretary"--
(a) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998";
(b) for "Department of Health and Community Services" substitute
"Department of Human Services".
30 At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Human Services is changed,
the reference in the definition of "Secretary" in sub-section (1) to
that Department must, from the date when the name is changed,
35 be treated as a reference to the Department by its new name.'.
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Act No.
In section 57--
(a) in sub-section (2) omit "officer or temporary";
(b) sub-section (5) is repealed.
For section 68(3) substitute--
5 "(3) A member is not, in respect of that appointment as member,
subject to the Public Sector Management and Employment Act
1998.".
Section 72(3) is repealed.
In section 77(2), for "Public Sector Management Act 1992"
10 substitute "Public Sector Management and Employment Act 1998".
Section 81(3) is repealed.
Sections 57(5), 72(3) and 81(3) are repealed.
Occupational Health and Safety Act 1985
In section 60(1)--
15 (a) for the definition of "relevant Department" substitute--
' "Department" means the Department of Natural Resources and
Environment;';
(b) for the definition of "relevant Secretary" substitute--
' "Secretary" means the Secretary to the Department of Natural
20 Resources and Environment;'.
After section 60(1) insert--
'(1A) If under the Public Sector Management and Employment Act
1998 the name of the Department of Natural Resources and
Environment is changed, the reference in the definitions of
25 "Department" and "Secretary" in sub-section (1) to that
Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In section 60(3)--
(a) in paragraph (a), for "relevant Secretary or to the relevant
30 Department" substitute "Secretary or to the Department";
(b) for "officer or employee of" (where secondly occurring)
substitute "employee in".
In section 60(6), for "relevant Secretary or the relevant Department"
(wherever occurring) substitute "Secretary or the Department".
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Act No.
Office of the Regulator-General Act 1994
In section 14(3), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
5 In section 17(3), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
For section 20(1) substitute--
"(1) Any employees that are necessary for the purposes of this Act may
10 be employed under Part 3 of the Public Sector Management and
Employment Act 1998.".
In section 27C(3)(a)--
(a) omit "officer or";
(b) omit "appointed or".
15 Ombudsman Act 1973
In section 2--
(a) for the definition of "Government Department" substitute--
' "Government Department" includes a department within the
meaning of the Public Sector Management and
20 Employment Act 1998 and an office specified in section
16(1) of that Act;';
(b) in the definition of "principal officer" in sub-section (a)--
(i) for "chief administrator" (where twice occurring) substitute
"Department Head";
25 (ii) for "under the Public Service Act 1974" substitute "within
the meaning of the Public Sector Management and
Employment Act 1998".
In section 6D(1), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
30 For section 7 substitute--
"7. Staff
Any employees that are necessary to enable the functions of the
Ombudsman and Deputy Ombudsman to be properly carried out
may be employed under the Public Sector Management and
35 Employment Act 1998.".
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Public Sector Reform (Miscellaneous Amendments) Act 1998
Sch. 1
Act No.
In section 8(1), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 8(2) substitute--
"(2) A person who is the Ombudsman, the Acting Ombudsman or the
5 Acting Deputy Ombudsman and who, immediately before his or
her appointment as such was an employee in the public service--
(a) is eligible to be employed in the public service at the
termination of his or her office as the Ombudsman, the
Acting Ombudsman or the Acting Deputy Ombudsman with
10 a classification and emolument corresponding with or higher
that that which he or she last held or received in the public
service immediately before his or her appointment as the
Ombudsman, the Acting Ombudsman or the Acting Deputy
Ombudsman as if his or her service as the Ombudsman, the
15 Acting Ombudsman or the Acting Deputy Ombudsman had
been service in the public service; and
(b) for the purposes of long service leave, is to be taken to
continue to be an employee in the public service while he or
she was Ombudsman, the Acting Ombudsman or the Acting
20 Deputy Ombudsman.".
In section 9--
(a) in sub-section (1), for "officer of the Ombudsman" (where twice
occurring) substitute "employee of the Ombudsman";
(b) in sub-section (2), for "officer of" substitute "employee in".
25 Optometrists Registration Act 1996
In section 57--
(a) in sub-section (2)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
30 "Public Sector Management and Employment Act 1998";
(b) sub-section (5) is repealed.
In section 68(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
35 Part 7 of that Act)".
In section 72--
(a) in sub-section (1)--
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Act No.
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
(b) sub-section (3) is repealed.
5 Osteopaths Registration Act 1996
In section 55--
(a) in sub-section (2)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
10 "Public Sector Management and Employment Act 1998";
(b) sub-section (5) is repealed.
In section 64(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
15 Part 7 of that Act)".
In section 68--
(a) in sub-section (1)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
20 "Public Sector Management and Employment Act 1998";
(b) sub-section (3) is repealed.
Parliamentary Committees Act 1968
In section 4K(2)--
(a) for "Public Service Board" substitute "Public Employment
25 Minister within the meaning of the Public Sector Management
and Employment Act 1998";
(b) for "officers or employés of" substitute "employees in".
For section 4N(3) substitute--
"(3) For the purposes of preparing a draft Bill for incorporation in a
30 report to the Parliament a Joint Investigatory Committee may, with
the consent of the Minister administering the relevant Department,
make use of any employees in a Department.".
Parliamentary Officers Act 1975
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Act No.
In section 4(3), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 6(4) omit "offices or".
In section 6A(3) omit "offices or".
5 In section 9, for "officer" (except where lastly occurring) substitute
"employee".
In section 10, for "Public Service Commissioner" substitute
"Commissioner for Public Employment".
Section 12B is repealed.
10 In section 22 omit "in the same manner as penalties imposed under the
authority of the Public Service Act 1974".
In section 26(3), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
Parole Orders (Transfer) Act 1983
15 In section 4, for "Public Service Act 1974" substitute "Public Sector
Management and Employment Act 1998".
In section 12(1), for "officer of" substitute "employee in".
Pathology Services Accreditation Act 1984
In section 6(9), for "Public Service Act 1974" substitute "Public
20 Sector Management and Employment Act 1998".
For section 10 substitute--
"10. Staff
A registrar and such employees as are necessary for the purposes
of this Act are to be employed under Part 3 of the Public Sector
25 Management and Employment Act 1998.".
In section 23(4), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
Patriotic Funds Act 1958
In section 8(2)--
30 (a) for "officers and employés" substitute "employees";
(b) for "officers" substitute "employees".
Petroleum Products Subsidy Act 1965
In section 3(1), the definition of "Minister" is repealed.
Petroleum (Submerged Lands) Act 1982
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Act No.
In section 12, for "officer" substitute "employee".
In section 13, for "officer" substitute "employee".
Pharmacists Act 1974
In section 24(2), for "Chief General Manager of the Department of
5 Health" substitute "Secretary to the Department of Human Services".
Physiotherapists Act 1978
In section 5(4), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
Pipelines Act 1967
10 In section 23(2), for "Department of Property and Services" substitute
"Department of Natural Resources and Environment".
For section 39(1) substitute--
"(1) Any inspectors that it is necessary or expedient to employ to assist
the Minister in carrying out his or her functions and duties in
15 respect of this Act are to be employed under Part 3 of the Public
Sector Management and Employment Act 1998.".
In section 39(2), for "appointed" substitute "employed".
In section 42(1)(b), for "Director-General of Industry, Technology and
Resources or an officer of the Department of Industry, Technology and
20 Resources" substitute "Secretary to the Department of Infrastructure or
an employee in that Department".
Planning and Environment Act 1987
In section 3, in the definition of "Department", for "Planning and
Development" substitute "Infrastructure".
25 At the end of section 3 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Infrastructure is changed, the
reference in the definition of "Department" in sub-section (1) to
that Department must, from the date when the name is changed, be
30 treated as a reference to the Department by its new name.'.
In section 136, before "officer" (where secondly occurring) insert
"authorised".
In section 147(3)(b)(ii), for "officer" substitute "employee".
In section 147(4)--
35 (a) after "officer" (where secondly occurring) insert "or employee";
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Act No.
(b) after "authority or" (where secondly occurring) insert "employee
of".
In section 151(3), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
5 In section 186(1)--
(a) in paragraph (b), for "officers" substitute "employees";
(b) in paragraph (c), for "officer" substitute "employee".
In section 187, for "officer" substitute "employee".
Planning Appeals Act 1980
10 In section 3, in paragraph (e) of the definition of "former authority"--
(a) for "Chief General Manager of the Department of Health"
substitute "Secretary to the Department of Human Services";
(b) for "Chief General Manager's" substitute "Secretary's".
In section 76(1A)--
15 (a) for "officer of" substitute "employee in";
(b) for "Director-General of the Department of Treasury" substitute
"Secretary to the Department of Treasury and Finance".
For section 77(1) substitute--
"(1) A person who immediately before his or her appointment as a full-
20 time member of the Tribunal was an employee in the public
service--
(a) is eligible at the termination of that appointment as a member
of the Tribunal to be employed in the public service with a
classification and emolument corresponding with or higher
25 than that which that person held or received in the public
service immediately before appointment as a member of the
Tribunal as if the period of service as a member of the
Tribunal had been service in the public service; and
(b) for the purposes of long service leave, is to be taken to
30 continue to be an employee in the public service during the
period of appointment as a member of the Tribunal.".
Plant Health and Plant Products Act 1995
In section 3(1), in the definition of "Secretary", for "Agriculture,
Energy and Minerals" substitute "Natural Resources and
35 Environment".
After section 3(1) insert--
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Act No.
'(1A) If under the Public Sector Management and Employment Act
1998 the name of the Department of Natural Resources and
Environment is changed, the reference in the definition of
"Secretary" in sub-section (1) to that Department must, from the
5 date when the name is changed, be treated as a reference to the
Department by its new name.'.
In section 51(1)(a), for "holding a position under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".
10 Podiatrists Registration Act 1997
In section 55--
(a) in sub-section (2)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
15 "Public Sector Management and Employment Act 1998";
(b) sub-section (5) is repealed.
In section 64(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
20 Part 7 of that Act)".
In section 68--
(a) in sub-section (1)--
(i) omit "officer or";
(ii) for "Public Sector Management Act 1992" substitute
25 "Public Sector Management and Employment Act 1998";
(b) sub-section (3) is repealed.
Police Regulation Act 1958
For section 4E(1) substitute--
"(1) Any employees that are necessary to enable the Police Board to
30 carry out its functions, powers and duties may be employed under
Part 3 of the Public Sector Management and Employment Act
1998.".
For section 6A(1)(d) substitute--
"(d) an employee within the meaning of the Public Sector
35 Management and Employment Act 1998; or".
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In section 46B(2), in paragraph (a) of the definition of "employed in the
service of the Crown", for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 74--
5 (a) omit "appointed or";
(b) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998".
In section 82(2), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
10 In section 90--
(a) in sub-section (1) omit "officer or temporary";
(b) sub-section (2) is repealed.
For section 91(3) substitute--
"(3) The Public Sector Management and Employment Act 1998
15 does not apply to the holder of an office of chairperson or deputy
chairperson in respect of that office.".
In Schedule 1A, in clause 3(1), omit "officer or".
Pollution of Waters by Oil and Noxious Substances Act 1986
In section 3(2)--
20 (a) for "an office in the Administrative Unit" substitute "a position in
a Department";
(b) for "being an office" substitute "being a position or an office".
Port Bellarine Tourist Resort Act 1981
In section 10(1)(a), for "officer of the Department of Crown Lands and
25 Survey" substitute "employee in the Department of Natural Resources
and Environment".
In the First Schedule, in clause 1(1) of the definition of "General
Arrangement Plan", for "Department of Crown Lands and Survey"
substitute "Department of Natural Resources and Environment".
30 Port Services Act 1995
In section 93(1)(a), (c) and (d), for "Department of Conservation and
Natural Resources" substitute "Department of Natural Resources and
Environment".
In Schedule 1--
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(a) in clause 3(2), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
1998";
(b) in clause 6(5) and (6) omit "officers and".
5 Prevention of Cruelty to Animals Act 1986
In section 3(1), in the definition of "Department", for "Department of
Agriculture, Energy and Minerals" substitute "Department of Natural
Resources and Environment".
In section 3(2)--
10 (a) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998";
(b) for "Department of Agriculture, Energy and Minerals" substitute
"Department of Natural Resources and Environment".
In section 24(1)(b)(i), for "officer of" substitute "employee in".
15 In section 39(b)(ii), for "officer of" substitute "employee in".
Private Agents Act 1966
In section 4(1)(c), for "officer or employé" substitute "employee".
For section 19C(2) substitute--
"(2) The registrar and deputy registrar must be employed under Part 3
20 of the Public Sector Management and Employment Act 1998 or
appointed subject to the Police Regulation Act 1958, as the Chief
Commissioner determines in a particular case.".
Probate Duty Act 1962
In sections 4(1), for the definition of "Commissioner" substitute--
25 ' "Commissioner" means the person employed under the Taxation
Administration Act 1997 as the Commissioner for State
Revenue;'.
Sections 5 and 5A are repealed.
In section 28(4), for "officer" (where twice occurring) substitute
30 "employee".
Professional Boxing and Martial Arts Act 1985
In section 15(1), for "officer" substitute "employee".
Project Development and Construction Management Act 1994
In section 1(c) and (d), for "Department of Planning and Development"
35 substitute "Department of Infrastructure".
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Act No.
In section 3(1), for the definition of "department" substitute--
' "department" means--
(a) a department within the meaning of section 4 of the Public
Sector Management and Employment Act 1998; or
5 (b) an office specified in section 16(1) of that Act;'.
In section 3(2), for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998".
In section 35(1), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
10 Section 36 is repealed.
In section 40, for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998".
In section 41--
(a) for "officer" substitute "employee";
15 (b) for "officers" substitute "employees".
Property Law Act 1958
For section 5(2) substitute--
"(2) A Registrar-General and any Deputy Registrars-General that are
necessary for the purposes of this Act may be employed under Part
20 3 of the Public Sector Management and Employment Act
1998.".
In sections 216 and 217, for "Treasurer of Victoria" substitute
"Minister administering Part 7 of the Financial Management Act
1994".
25 Prostitution Control Act 1994
In section 26(i), for "Occupational Health and Safety Authority"
substitute "Victorian WorkCover Authority".
For section 31(1) substitute--
"(1) A registrar of the Board and any deputy registrars and other
30 employees that are necessary for the proper functioning of the
Board are to be employed under Part 3 of the Public Sector
Management and Employment Act 1998.".
For section 67(10) substitute--
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"(10) The Public Sector Management and Employment Act 1998
(except in accordance with Part 7 of that Act) does not apply to a
member in respect of the office of member.".
In section 87(1)(c), for "appointed or employed subject to the Public
5 Sector Management Act 1992" substitute "employed under Part 3 of
the Public Sector Management and Employment Act 1998".
In Schedule 1, in clause 2, for "Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
10 Part 7 of that Act)".
In Schedule 2, in clause 2, for "Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
15 Psychologists Registration Act 1987
In section 5(3), for "officer of" substitute "employee in".
For section 5(4) substitute--
"(4) The Public Sector Management and Employment Act 1998
does not apply to a member of the Board in respect of the office of
20 member.".
In section 6(4)(b), for "officer of" substitute "employee in".
Public Prosecutions Act 1994
In sections 5(3), 9(5), 15(3), 19(5) and 32(7), for "89(1) of the Public
Sector Management Act 1992" substitute "47(1) of the Public Sector
25 Management and Employment Act 1998".
In section 37(2), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 40(3), for "appointed under the Public Sector Management
Act 1992" substitute "employed under Part 3 of the Public Sector
30 Management and Employment Act 1998".
Public Records Act 1973
For section 6(1) substitute--
"(1) A Keeper of the Public Records and any employees that are
necessary for the purposes of this Act are to be employed under
35 Part 3 of the Public Sector Management and Employment Act
1998.".
Public Sector (Union Fees) Act 1992
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In section 3(b), for "89 of the Public Sector Management Act 1992"
substitute "47 of the Public Sector Management and Employment
Act 1998".
Public Sector Superannuation (Administration) Act 1993
5 In section 8--
(a) in sub-section (2)(d), for "the Public Sector Management Act
1992" substitute "Part 3 of the Public Sector Management and
Employment Act 1998";
(b) in sub-section (6), for "Public Sector Management Act 1992"
10 substitute "Public Sector Management and Employment Act
1998".
In section 19(2), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 57--
15 (a) for "appointed subject to the Public Sector Management Act
1992" (where twice occurring) substitute "employed under Part 3
of the Public Sector Management and Employment Act 1998";
(b) in sub-section (3), for "Public Sector Management Act 1992"
substitute "Part 3 of the Public Sector Management and
20 Employment Act 1998".
Queen Victoria Women's Centre Act 1994
In section 8(3), for "Public Sector Management Act 1992 (except Part
9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
25 Part 7 of that Act)".
Racing Act 1958
In section 43(5), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 83H(1)(f), for "Public Sector Management Act 1992
30 (including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
In section 83I(2)(f), for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
35 For section 83J(1) substitute--
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"(1) A Registrar of the Tribunal and any employees that are necessary
for the purposes of this Part are to be employed under Part 3 of the
Public Sector Management and Employment Act 1998.".
Rail Corporations Act 1996
5 In Schedule 1, in clause 3(2), for "Public Sector Management Act
1992" substitute "Public Sector Management and Employment Act
1998".
Rain-making Control Act 1967
In section 4, for "officer" substitute "person".
10 In section 5(3), for "the Minister of Water Supply, the Minister for the
time being administering the Conservation, Forests and Lands Act
1987 and the Minister for Local Government" substitute "Minister
administering the Water Act 1989, the Minister administering the
Conservation, Forests and Lands Act 1987 and the Minister
15 administering Part 9 of the Local Government Act 1989".
In section 13, for "officer" substitute "persons".
Renewable Energy Authority Victoria Act 1990
In section 10(5)(a), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
20 For section 13 substitute--
"13. Staff
Any employees that are necessary to assist the Authority to
perform its functions are to be employed under Part 3 of the
Public Sector Management and Employment Act 1998.".
25 Residential Tenancies Act 1980
In section 12(1) omit "officer or".
In section 15(7), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 15(8) substitute--
30 "(8) A person who immediately before his or her appointment as the
member of the Tribunal on a full-time basis was an employee in
the public service is, for the purposes of long service leave, to be
taken to continue to be an employee in the public service for the
period of his or her appointment as a member of the Tribunal.".
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In section 16, for "officer or employé" (wherever occurring) substitute
"employee".
For section 47(1) substitute--
"(1) A Registrar of the Tribunal and such assistant registrars that are
5 necessary for the purposes of this Act are to be employed under
Part 3 of the Public Sector Management and Employment Act
1998.".
In sections 138(1)(e) and 143(1)(b), for "officer or employé in the
Ministry of Consumer Affairs" substitute "employee in the Department
10 of Justice".
Residential Tenancies Act 1997
In section 3, for the definition of "Director" substitute--
' "Director" means the person employed under Part 3 of the Public
Sector Management and Employment Act 1998 as the
15 Director of Fair Trading and Business Affairs in the Department
of Justice;'.
In section 434 omit "officer or".
In section 442(2) omit "officer or".
In section 445--
20 (a) in sub-section (1), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
1998";
(b) in sub-section (2), for "officer or employee in the public service
for the purposes of Part 2 of Schedule 4 of the Public Sector
25 Management Act 1992" substitute "employee in the public
service for the purposes of long service leave".
In section 481(1), for "appointed or employed under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".
30 In section 525(1) omit "officer or".
Retail Tenancies Act 1986
In section 22D(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
35 Part 7 of that Act)".
Retail Tenancies Reform Act 1998
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In section 41(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
5 Road Safety Act 1986
In section 3(1)--
(a) in the definitions of "accredited agency" and "accredited drink-
driving program" for "Chief General Manager" substitute
"Secretary to the Department of Human Services within the
10 meaning of the Health Act 1958";
(b) the definition of "Chief General Manager" is repealed.
In section 13(6)--
(a) in paragraph (ab), for "Part 2 of the Public Sector Management
Act 1992" substitute "Part 3 of the Public Sector Management
15 and Employment Act 1998";
(b) in paragraph (b)--
(i) for "officer of" substitute "employee in";
(ii) for "Transport" (where twice occurring) substitute
"Infrastructure".
20 In section 14--
(a) for "officer" substitute "employee";
(b) for "Transport" (where twice occurring) substitute
"Infrastructure";
(c) for "Part 2 of the Public Sector Management Act 1992"
25 substitute "Part 3 of the Public Sector Management and
Employment Act 1998".
In section 16(2)--
(a) for "officer of the Department of Transport" substitute "employee
in the Department of Infrastructure";
30 (b) for "Transport" (where secondly occurring) substitute
"Infrastructure".
In section 49A(1), (2) and (3), for "Chief General Manager" substitute
"Secretary to the Department of Human Services".
In sections 53(2) and (3), 55(1), 59(1)(a)(i) and (4)(b)(i), 74(2),
35 77(2)(c) and (3), 84(1), (3) and (6) and 88(1), for "Department of
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Transport" (wherever occurring) substitute "Department of
Infrastructure".
Rooming Houses Act 1990
In section 52, for "officer or employee, or the holder of an office, in the
5 Ministry of Consumer Affairs" substitute "employee in the Department
of Justice".
Royal Botanic Gardens Act 1991
After section 3(2) insert--
'(3) If under the Public Sector Management and Employment Act
10 1998 the name of the Department of Natural Resources and
Environment is changed, the reference in the definition of
"Director-General" in sub-section (1) to that Department must,
from the date when the name is changed, be treated as a reference
to the Department by its new name.'.
15 For section 42(1) substitute--
"(1) If immediately before his or her appointment the Director was an
employee in the public service he or she--
(a) is eligible to be employed in the public service at the
termination of his or her appointment as Director with a
20 classification and emolument corresponding with or higher
than that which he or she held or received in the public
service immediately before being appointed Director as if
service as Director had been service in the public service;
(b) for the purposes of long service leave, is to be taken to
25 continue to be an employee in the public service for the
period of that appointment.".
In section 49, for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
Section 58(2) is repealed.
30 In section 58(3) omit ", on the recommendation of the Public Service
Board,".
In Schedule 2, in clause 8 for "Public Service Act 1974" substitute
"Public Sector Management and Employment Act 1998".
Rural Finance Act 1988
35 In section 11(3) omit "officer or".
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In section 14(2)(e) omit "officer or".
In section 17(1), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 17(2) substitute--
5 "(2) An employee of the Corporation, who immediately before being
so employed was an employee in the public service, is eligible on
ceasing to be an employee of the Corporation to be employed in
the public service at a level not less than that at which he or she
was last employed in the public service as if service with the
10 Corporation were service in the public service.".
For section 17(3) substitute--
"(3) If the Chief Executive Officer of the Corporation was immediately
before appointment an employee in the public service, he or she is
eligible on ceasing to be the Chief Executive Officer to be
15 employed in the public service at a level not less than that at which
he or she was last employed in the public service as if service with
the Corporation were service in the public service.".
Second-Hand Dealers and Pawnbrokers Act 1989
In section 28, for "Part 2 of the Public Sector Management Act 1992"
20 substitute "Part 3 of the Public Sector Management and
Employment Act 1998".
Sentencing Act 1991
In section 3(1)--
(a) the definitions of "Chief General Manager" and "Director-General
25 of Community Services" are repealed;
(b) in the definition of "justice plan", for "Director-General of
Community Services" substitute "Secretary";
(c) insert--
' "Secretary" has the same meaning as "Secretary" in the
30 Community Services Act 1970;'.
In section 18I(1), for "Chief General Manager" substitute "Secretary to
the Department of Human Services within the meaning of the Health
Act 1958".
In sections 80(3), 81(1) and (2), 82(2)(d) and 96(3)(a), for "Director-
35 General of Community Services" substitute "Secretary".
Shop Trading Reform Act 1996
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In section 9(2)(a)(ii) for "an officer within the meaning of the Public
Sector Management Act 1992" substitute "an employee within the
meaning of the Public Sector Management and Employment Act
1998".
5 Small Claims Tribunals Act 1973
In section 7, for "officer of" (where twice occurring) substitute
"employee in".
For section 13 substitute--
"13. Staff
10 A registrar and any employees that are necessary for the proper
functioning of the Registry of Small Claims are to be employed in
the Registry under Part 3 of the Public Sector Management and
Employment Act 1998.".
Stamps Act 1958
15 In the Third Schedule--
(a) in the exemptions applying to (A) and (B) of Heading VI of the
Third Schedule, in clause (2) for "Minister for Conservation,
Forests and Lands the Minister of Public Works" substitute
"Minister administering the Crown Lands (Reserves) Act 1978
20 the Minister administering the Planning and Environment Act
1987";
(b) in the exemptions under Heading VIII, in clause (2), for "Minister
for Conservation, Forests and Lands the Minister of Public
Works" substitute "Minister administering the Crown Lands
25 (Reserves) Act 1978 the Minister administering the Planning and
Environment Act 1987".
State Electricity Commission Act 1958
In section 56(4)--
(a) for "officer employed in the Department of Energy and Minerals"
30 substitute "person employed in the Department of Treasury and
Finance";
(b) for "an officer" substitute "a person".
In section 63(5)(d) for "officer or employee in the Department of
Natural Resources and Conservation" substitute "employee in the
35 Department of Natural Resources and Environment".
In section 65(2)(c), after "officer" insert "or employee".
In section 105(2), for "Department of Crown Lands and Survey"
substitute "Department of Natural Resources and Environment".
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State Employees Retirement Benefits Act 1979
In section 2(1)--
(a) in paragraph (a) of the definition of "contract officer"--
(i) omit "officer" (where first occurring);
5 (ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
(b) in paragraph (b) of the definition of "employee", for "Public
Service Act 1974" substitute "Public Sector Management and
Employment Act 1998";
10 (c) in paragraph (c) of the definition of "employee", for "Treasurer"
substitute "Minister";
(d) in paragraph (a) of the definition of "exempt officer"--
(i) omit "officer" (where first occurring);
(ii) for "Public Sector Management Act 1992" substitute
15 "Public Sector Management and Employment Act 1998";
(e) the definition of "Treasurer" is repealed.
In section 3A(4) and (5), 18(2) and (3), 22A(2), 25(1), 33(3) and
41A(3), for "Treasurer" (wherever occurring) substitute "Minister".
In section 51(2), in the definition of "employed in the service of the
20 Crown"--
(a) in paragraph (a), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
1998";
(b) in paragraph (c), for "Treasurer" substitute "Minister".
25 State Insurance Office Act 1984
In section 7, for "Public Sector Management Act 1992 (except Part
9)" substitute "Public Sector Management and Employment Act
1998".
For section 16(7) substitute--
30 "(7) If a person appointed as General Manager or a Deputy General
Manager--
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(a) was immediately prior to his or her appointment an employee
in the public service; or
(b) having formerly been employed in the public service, was
engaged or employed in any office or capacity in which he or
5 she was eligible to be employed in the public service on the
termination of such engagement or employment--
that person is entitled to be employed in the public service at the
termination of his or her term of office under this Act with a
classification and emolument corresponding with or higher than
10 those which he or she last held or received in the public service
immediately prior to his or her appointment or to his or her
engagement or appointment (as the case requires) as if the whole
period of his or her service under this Act and (if the case requires)
in any other such office or capacity had been a period of service in
15 the public service.".
For section 19 substitute--
"19. Employees
Any employees that are necessary for the purposes of the Office
may be employed under Part 3 of the Public Sector Management
20 and Employment Act 1998.".
State Superannuation Act 1988
In section 3(1)--
(a) in paragraph (a) of the definition of "contract officer"--
(i) omit "officer" (where first occurring);
25 (ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
(b) in paragraph (a) of the definition of "exempt officer"--
(i) omit "officer" (where first occurring);
(ii) for "Public Sector Management Act 1992" substitute
30 "Public Sector Management and Employment Act 1998";
(c) in the definition of "officer"--
(i) in paragraph (a)(i), for "the Public Sector Management Act
1992" substitute "Part 3 of the Public Sector Management
and Employment Act 1992";
35 (ii) in paragraph (b), for "Director-General, Department of the
Treasury" substitute "Secretary to the Department of
Treasury and Finance";
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(iii) in paragraph (c), for "Treasurer" (where twice occurring)
substitute "Minister".
In section 3(3)--
(a) for "Treasurer" (wherever occurring) substitute "Minister";
5 (b) for "Department of Treasury" substitute "Department of Treasury
and Finance".
In sections 6(4) and 23(3) and (4), for "Treasurer" (wherever occurring)
substitute "Minister".
In section 67(1), in the definition of "employed in the service of the
10 Crown"--
(a) in paragraph (a), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
1998";
(b) in paragraph (c), for "Treasurer" substitute "Minister".
15 In section 69(2) and (5)(b), for "Treasurer" substitute "Minister".
In section 69B, for "sections 81A(6) and 81A(7) of the Public Sector
Management Act 1992" substitute "section 33 of the Public Sector
Management and Employment Act 1998".
In section 70(3), for "consent of the Treasurer" substitute "consent of
20 the Minister".
In sections 82(1), 83(2)(b) and 84(2), for "Treasurer" substitute
"Minister".
In section 86(1), for "chief administrator of any administrative unit"
substitute "Department Head of any Department".
25 Statistics Act 1958
For section 3 substitute--
"(3) The Government Statist shall be employed in the Department of
Treasury and Finance under Part 3 of the Public Sector
Management and Employment Act 1998.".
30 In section 10, for "officer" substitute "person".
In section 14, for "officer" substitute "person".
In section 15 omit "officer or" (where twice occurring).
In section 16(2)--
(a) for "officer" (where first occurring) substitute "person";
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(b) omit "or public officer";
(c) for "officers of" substitute "a person employed in".
Stock (Seller Liability and Declarations) Act 1993
In section 23, for "officer" (where twice occurring) substitute
5 "employee".
In section 33, for "officer" (wherever occurring) substitute "person".
Subdivision Act 1988
In section 42, for "Chief Administrator or any officer of" substitute
"Department Head or any employee in".
10 Subordinate Legislation Act 1994
In section 9(1)(d), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
Summary Offences Act 1966
In section 30--
15 (a) in sub-section (9), for "an officer or inspector of the Department of
Health" substitute "an employee or inspector in the Department of
Human Services";
(b) in sub-section (10), for "Department of Health" substitute
"Department of Human Services".
20 In section 52(2), for "officer" substitute "member of staff".
In section 56(1), for "officer of the Department of Health" substitute
"employee in the Department of Human Services".
Superannuation (Portability) Act 1989
In section 3--
25 (a) in the definition of "Order in Council", for "Treasurer" substitute
"Minister";
(b) in the definition of "public authority", for ", government
department or administrative unit" substitute "or department
within the meaning of the Public Sector Management and
30 Employment Act 1998".
In section 7(7)(b), for "Treasurer" substitute "Minister".
Superannuation (Public Sector) Act 1992
In section 3(1)--
(a) in the definition of "contract officer", omit "officer" (where
35 secondly occurring);
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(b) in the definition of "employer", for "50(1) of the Public Sector
Management Act 1992" substitute "22 of the Public Sector
Management and Employment Act 1998";
(c) in sub-section (2), for "54(1)(b) or 89 of the Public Sector
5 Management Act 1992" substitute "21(1)(d) or 47 of the Public
Sector Management and Employment Act 1998".
In section 4, for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1992".
In section 6(1) omit "officer".
10 In section 7--
(a) in sub-section (1)--
(i) for "executive officer" substitute "executive";
(ii) for "Part 4 of the Public Sector Management Act 1992"
substitute "Part 3 of the Public Sector Management and
15 Employment Act 1998";
(iii) in paragraphs (a) and (b), for "officer" (wherever occurring)
substitute "executive";
(b) in sub-section (2), for "officer" substitute "executive";
(c) in sub-section (4) omit "officer";
20 (d) in sub-section (5)--
(i) for "executive officer" substitute "executive";
(ii) for "officer" (where secondly occurring) substitute
"executive";
(e) in sub-section (6)--
25 (i) for "officer" (where first occurring) substitute "executive";
(ii) in paragraph (a), for "executive officer" substitute
"executive".
In section 8--
(a) for "executive officer" substitute "executive";
30 (b) for "officer" (wherever occurring) substitute "executive";
(c) for "officer's" substitute "executive's".
In section 10--
(a) in sub-section (1), for "executive officer" substitute "executive";
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(b) in sub-section (2), for "executive officer's" substitute
"executive's".
Supreme Court Act 1986
In section 104(4)(b), for "Public Service Act 1974" substitute
5 "Public Sector Management and Employment Act 1998".
In section 106--
(a) for "there is, subject to the Public Service Act 1974 to be
appointed" substitute "there are to be employed under Part 3 of
the Public Sector Management and Employment Act 1998";
10 (b) in paragraph (a) omit "officers and".
Survey Co-ordination Act 1958
In section 3--
(a) in the definition of "proper officer"--
(i) in paragraph (a), for "permanent head" substitute
15 "department head within the meaning of the Public Sector
Management and Employment Act 1998";
(ii) in paragraph (b), after "officer" insert "or employee";
(b) the definition of "Surveyor-General" is repealed.
In section 4, for "Department of Property and Services" substitute
20 "Department of Natural Resources and Environment".
In section 9(1) for "There shall be appointed subject to the Public
Service Act 1974 an officer" substitute "There is to be employed under
Part 3 of the Public Sector Management and Employment Act 1998
a person".
25 In section 24(2)--
(a) in paragraph (b), for "Department of Property and Services"
substitute "Department of Natural Resources and Environment";
(b) in paragraph (d), for "Secretary for Planning and Environment"
substitute "Secretary to the Department of Infrastructure".
30 For section 25(1) substitute--
"(1) A secretary to the Committee and other employees required for the
administration of this Part may be employed under Part 3 of the
Public Sector Management and Employment Act 1998.".
In section 25(2), for "officer or employé" substitute "employee".
35 Surveyors Act 1978
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In section 4(2)--
(a) for "Public Service Act 1974" (where twice occurring)
substitute "Public Sector Management and Employment Act
1998";
5 (b) in paragraph (b), for "the Office of Titles" substitute "Land
Registry in the Department of Natural Resources and
Environment".
For section 7 substitute--
"7. Secretary to the Board
10 A secretary to the Board is to be employed under Part 3 of the
Public Sector Management and Employment Act 1998.".
In section 31--
(a) for "Public Service Act 1974" substitute "Public Sector
Management and Employment Act 1998";
15 (b) for "Office of Surveyor and Chief Draughtsman in the Office of
Titles or to act as professional head of the Division of Survey and
Mapping of the Department of Property and Services or as head of
the Survey Branch of the Office of Titles" substitute "office of
Surveyor and Chief Draughtsman in the Land Registry in the
20 Department of Natural Resources and Environment".
Tattersall Consultation Act 1958
In section 4(1), (3) and (4), after "Treasurer" insert "or Minister
administering Part 2 of the Gaming No. 2 Act 1997".
Taxation Administration Act 1997
25 In section 62, for "appointed under the Public Sector Management
Act 1992" substitute "employed under Part 3 of the Public Sector
Management and Employment Act 1998".
For section 66(1), substitute--
"(1) Any Deputy or Assistant Commissioners of State Revenue that are
30 necessary for the administration and execution of the taxation laws
and other laws under the general administration of the
Commissioner may be employed under Part 3 of the Public Sector
Management and Employment Act 1998.".
For section 67 substitute--
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"67. Other staff
Any other employees that are necessary for the administration and
execution of the taxation laws and other laws under the general
administration of the Commissioner may be employed under Part
5 3 of Public Sector Management and Employment Act 1998.".
Taxation (Reciprocal Powers) Act 1987
In section 3(1), in the definition of "State Commissioner", paragraph (d)
is repealed.
Teaching Service Act 1981
10 In section 2--
(a) the definitions of "Chief General Manager" and "Director" are
repealed;
(b) in the definition of "principals", for "Chief General Manager"
substitute "Secretary";
15 (c) insert--
' "Secretary" means the Secretary to the Department of
Education;'.
At the end of section 2 insert--
'(2) If under the Public Sector Management and Employment Act
20 1998 the name of the Department of Education is changed, the
reference in the definition of "Secretary" in sub-section (1) to
that Department must, from the date when the name is changed,
be treated as a reference to the Department by its new name.'.
In sections 4 and 4A, for "Director" (wherever occurring) substitute
25 "Secretary ".
In section 5--
(a) in sub-sections (1) and (2), for "Chief General Manager"
(wherever occurring) substitute "Secretary";
(b) in sub-sections (4) and (6), for "Director" substitute "Secretary";
30 (c) in sub-section (6), for "Director's" substitute "Secretary's".
In sections 6(1), 8, 9 and 13, for "Chief General Manager" (wherever
occurring) substitute "Secretary".
In sections 16 (in the definition of "contract of employment") and 18,
for "Director" (wherever occurring) substitute "Secretary".
35 In section 20--
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(a) in sub-sections (1) and (3), for "Director" (wherever occurring)
substitute "Secretary";
(b) in sub-section (6), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
5 1998".
In sections 22(1) and 25(1), (3) and (4), for "Director" substitute
"Secretary".
In section 26--
(a) in sub-section (1)(b), for "Public Sector Management Act 1992"
10 substitute "Public Sector Management and Employment Act
1998";
(b) in sub-sections (2), (3), (4) and (5), for "Director" substitute
"Secretary".
In section 27(1)--
15 (a) in paragraph (b), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act
1998";
(b) in paragraph (c), for "Director" substitute "Secretary".
In section 31, for "Part 4 of the Public Sector Management Act 1992"
20 substitute "Division 5 of Part 3 of the Public Sector Management and
Employment Act 1998".
In sections 35, 36, 37, 38, 39(4), 40(1) and (2), 41(1), 43(1) and 44, for
"Chief General Manager" (wherever occurring) substitute "Secretary".
In section 45--
25 (a) for "Chief General Manager" (wherever occurring) substitute
"Secretary";
(b) in sub-section (2), for "Director" substitute "Secretary".
In sections 47(2) and 48, for "Chief General Manager" (wherever
occurring) substitute "Secretary".
30 In section 51(1) and (2), for "Director" substitute "Secretary".
For section 54 substitute--
"54. Transfer, etc. from teaching service to public service
For the purposes of a transfer or promotion to employment within
the public service an officer in the teaching service shall be
35 deemed to be an employee in the public service having such
designation corresponding to employment in the public service as
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the Commissioner for Public Employment determines to be
appropriate to his or her duties."
In section 55, for "officer" (where first occurring) substitute
"employee".
5 For section 56 substitute--
"56. Rights in the public service preserved
If any officer who immediately prior to his or her appointment
under this Act was an employee in the public service, is appointed
to an office in the teaching service, the rights under the Public
10 Sector Management and Employment Act 1998 which the
officer preserves or retains are hereby declared to be rights in
respect of--
(a) leave on the ground of illness; and
(b) long service leave or pay in lieu thereof (including pay to
15 dependants on the death of the officer)--
to which from time to time he or she would be entitled if he or she
had remained an employee in the public service and had not been
employed within the meaning of this Act.".
For section 57 substitute--
20 "57. Rights under this Act preserved
If any employee who immediately prior to his or her employment
in the public service was an officer in the teaching service, is
employed in the public service, the rights under this Act which the
employee preserves or retains are hereby declared to be rights in
25 respect of--
(a) leave on the ground of illness; and
(b) long service leave or pay in lieu thereof (including pay to
dependants on the death of the employee)--
to which from time to time he or she would be entitled if he or she
30 had remained an officer of the teaching service and had not been
employed in the public service.".
In section 58(3), for "Chief General Manager" substitute "Secretary".
In section 61(1), for "Director" substitute "Secretary".
In section 62, for "Chief General Manager" (wherever occurring)
35 substitute "Secretary".
In section 64(2)(c), for "Director" (where twice occurring) substitute
"Secretary".
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In section 64AA(1)(b), for "Director of School Education" substitute
"Secretary".
In sections 64AG(3) and (4), 64AH(2) and (3), 64AI(2), 64A(2), (3)
and (4), 67, 68, 69(1), (2) and (3), 70(1), (4), (5) and (6), 72(1), 73(1),
5 74, 75(2) and 75A, for "Director" (wherever occurring) substitute
"Secretary".
In section 76(1), (6) and (7) and 77, for "Chief General Manager"
(wherever occurring) substitute "Secretary".
In section 77A, for "Directorate of School Education" substitute
10 "Department of Education".
Tertiary Education Act 1993
In section 21--
(a) omit "officer";
(b) for "Public Sector Management Act 1992" substitute "Public
15 Sector Management and Employment Act 1998".
The Constitution Act Amendment Act 1958
In section 30(1)--
(a) in the definition of "public service"--
(i) for "officers and employés" substitute "employees";
20 (ii) sub-section (b) is repealed;
(b) in the definition of "teaching service", for "Director-General of
Education" substitute "Secretary to the Department of Education".
In section 30(3)(b)(ii), for "Director-General of Education" substitute
"Secretary to the Department of Education".
25 In section 49(1)--
(a) for "Public Service Act 1974" substitute "Public Sector
Management and Employment Act 1998";
(b) for "appoint such person to an office in the public service or the
teaching service" substitute "employ such person in the public
30 service or appoint such person to an office in the teaching
service".
In section 144A(5), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 144C(1) substitute--
35 "(1) If the Electoral Commissioner or the Deputy Electoral
Commissioner is at the time of his or her appointment an
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employee in the public service, the Electoral Commissioner or the
Deputy Electoral Commissioner is entitled upon ceasing to be
Electoral Commissioner or Deputy Electoral Commissioner to be
employed in the public service with a classification and
5 emoluments corresponding with or higher than those which he or
she last held and received in the public service as if the service as
Electoral Commissioner and Deputy Electoral Commissioner had
been service in the public service".
In section 308 omit "in the Public Service Act 1974 or".
10 In section 314A omit "in consultation with the Public Service Board".
Therapeutic Goods (Victoria) Act 1994
In section 3--
(a) in the definition of "authorised person", for "Chief General
Manager" substitute "Victorian Secretary";
15 (b) the definition of "Chief General Manager" is repealed;
(c) insert--
' "Victorian Secretary" has the same meaning as "Secretary" in
the Health Act 1958;'.
In section 5(2), for "Chief General Manager" substitute "Victorian
20 Secretary".
In section 7--
(a) for "Chief General Manager" substitute "Victorian Secretary";
(b) in paragraph (a), for "officer of" substitute "employee in".
In sections 16(1), 17, 47, 48, 50(2), 51(1)(b) and (2), 52, 53, 62(1) and
25 (3), 63(3) and (4), 64 and 71, for "Chief General Manager" (wherever
occurring) substitute "Victorian Secretary".
Tobacco Act 1987
In section 21(3)(b), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
30 In section 31(5), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
For section 31(8) substitute--
"(8) If a person was, immediately before appointment as the chief
executive officer or a member of the staff of the Foundation, an
35 employee in the public service, the person upon ceasing to be the
chief executive officer or member, is eligible to be employed in
the public service with a classification and emolument
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corresponding with or higher than that which the person held or
received in the public service immediately before appointment as
the chief executive officer or such a member as if the period of
service as the chief executive officer or such a member had been
5 service in the public service.".
In section 32(5), for "Treasurer" substitute "Minister administering
Part 7 of the Financial Management Act 1994".
In section 37(4)(b), for "Chief General Manager of the Department of
Health" substitute "Secretary to the Department of Human Services".
10 Tourism Victoria Act 1992
In section 12, for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 16(5), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
15 In the heading to Part II, for "Officers" substitute "Staff".
For section 18 substitute--
"18. Staff
(1) Any employees that are necessary to carry this Act into effect may
be employed in accordance with this section.
20 (2) The number of employees employed in accordance with the
section shall not exceed the number for the time being fixed by the
Minister.
(3) Except in the case of a person employed in a position in respect of
which a declaration is in force under sub-section (4), employees
25 shall be employed in the Commission under Part 3 of the Public
Sector Management and Employment Act 1998.
(4) The Governor in Council may on the recommendation of the
Commission declare a position in the Commission to be exempt
from the application of the Public Sector Management and
30 Employment Act 1998 and may revoke any such declaration.
(5) The Commission may employ a person in a position in respect of
which a declaration under sub-section (4) is in force on such terms
and conditions as it thinks fit and are approved by the Governor in
Council.
35 (6) An employee of the Commission--
(a) who was immediately prior to his or her employment by the
Commission an employee in the public service; and
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(b) whose position has been exempted from the provisions of the
Public Sector Management and Employment Act 1998
under sub-section (4)--
is entitled to be employed in the public service at the termination
5 of his or her employment by the Commission with a classification
and emolument corresponding with or higher than that which he or
she last held or received in the public service as if his or her
service with the Commission had been service with the public
service.".
10 Sections 19 and 20 are repealed.
Trade Measurement (Administration) Act 1995
For section 5 substitute--
"5. Director
A Director, Trade Measurement Victoria, is to be employed under
15 Part 3 of the Public Sector Management and Employment Act
1998.".
Transfer of Land Act 1958
For section 5(1) substitute--
"(1) A Registrar of Titles may be employed under Part 3 of the Public
20 Sector Management and Employment Act 1998 to have the
charge and control of the Office of Titles and to carry out the
duties and functions vested by or under this or any other Act in the
Registrar of Titles.".
For section 5(2) substitute--
25 "(2) Any Deputy Registrars of Titles and any Assistant Registrars of
Title and other employees that are necessary for the purposes of
this Act may be employed under Part 3 of the Public Sector
Management and Employment Act 1998.".
In section 7, for "administrative unit" (where twice occurring)
30 substitute "department".
In section 28(4)--
(a) for "Attorney-General" (where first occurring) substitute
"Minister administering the Conservation, Forests and Lands
Act 1987";
35 (b) for "Attorney-General" (where secondly occurring) substitute
"Minister administering that Act".
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In section 39(1), for "Treasurer of Victoria" substitute "Minister
administering the Conservation, Forests and Lands Act 1987".
Transport Act 1983
In section 2, in the definition of "Secretary", for "Department of
5 Transport" substitute "Department of Infrastructure".
After section 2(2) insert--
'(3) If under the Public Sector Management and Employment Act
1998 the name of the Department of Infrastructure is changed, the
reference in the definition of "Secretary" in sub-section (1) to that
10 Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In section 4--
(a) in sub-section (3), for "Treasurer" substitute "Minister
administering Part 7 of the Financial Management Act 1994";
15 (b) in sub-section (4), for "officers of the Department" substitute
"employees in the Department".
In section 47(2)(c)(vi), for "Treasurer" substitute "Minister
administering Part 7 of the Financial Management Act 1994".
In section 59, after "Treasurer" insert "or the Minister administering
20 Part 7 of the Financial Management Act 1994 (or the Treasurer and
that Minister acting jointly, as the case requires)".
In section 60(2), for "Treasurer" substitute "Minister administering
Part 7 of the Financial Management Act 1994".
In section 61--
25 (a) for "Treasurer" (where twice occurring) substitute "Minister
administering Part 7 of the Financial Management Act 1994";
(b) for "the Treasurer's" (where twice occurring) substitute "that
Minister's".
In section 62--
30 (a) after "Minister" (where first occurring) insert ", the Minister
administering Part 7 of the Financial Management Act 1994";
(b) after "Minister" (where secondly occurring) insert ", the Minister
administering Part 7 of that Act".
In section 63--
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(a) after "Treasurer" (where first occurring) insert "and the Minister
administering Part 7 of the Financial Management Act 1994";
(b) after "Minister" (where secondly occurring) insert ", the Minister
administering Part 7 of that Act".
5 In section 64, after "Minister" insert ", the Minister administering
Part 7 of the Financial Management Act 1994".
In sections 65, 66(2), (4) and (6), for "Treasurer" substitute "Minister
administering Part 7 of the Financial Management Act 1994".
In section 76(4)--
10 (a) for "the Treasurer" (where first occurring) substitute "the Minister
administering Part 7 of the Financial Management Act 1994";
(b) for "the Treasurer" (where secondly and thirdly occurring)
substitute "that Minister".
In section 77--
15 (a) in sub-section (1), for "Treasurer" substitute "Minister
administering Part 7 of the Financial Management Act 1994";
(b) in sub-section (2)--
(i) for "the Treasurer" (where first occurring) substitute "the
Minister administering Part 7 of the Financial Management
20 Act 1994";
(ii) for "the Treasurer" (where secondly and thirdly occurring)
substitute "that Minister";
(c) in sub-section (3)--
(i) for "the Treasurer" (where first occurring) substitute "the
25 Minister administering Part 7 of the Financial Management
Act 1994";
(ii) for "the Treasurer" (where secondly occurring) substitute
"that Minister".
In section 79--
30 (a) for "the Treasurer" (where first occurring) substitute "the Minister
administering Part 7 of the Financial Management Act 1994";
(b) for "the Treasurer" (where secondly occurring) substitute "that
Minister".
In sections 80 and 81A, for "Treasurer" substitute "Minister
35 administering Part 7 of the Financial Management Act 1994".
In section 82(3)(aa), after "officers" insert "or employees".
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For section 84(1) substitute--
"(1) A person who holds an office in the transport service who was,
immediately prior to his or her transfer to the transport service, an
employee in the public service, is entitled to be employed in the
5 public service at the termination of his or her employment in the
transport service with a classification and emolument
corresponding with or higher than those which he or she last held
or received in the public service as if his or her service in the
transport service had been service in the public service and, for the
10 purposes of long service leave, is to be taken to have continued to
have been an employee in the public service for his or her period
of employment in the transport service.".
In section 84(1A)(c), for "officer of" substitute "employee in".
In section 86(1), in paragraph (b)(ii) of the definition of "public
15 commercial passenger vehicle", for "Education Department" substitute
"Department of Education".
In section 223A(1) (in the definition of "graffiti clean-up program") and
(3), for "Director-General of Community Services" substitute
"Secretary to the Department of Human Services".
20 In Schedule 1, in clause 1(3)(a), for "Public Sector Management Act
1992" substitute "Public Sector Management and Employment Act
1998".
In Schedule 1A, in clause 2(1)(d), for "Public Service Act 1974"
substitute "Public Sector Management and Employment Act 1998".
25 Transport Accident Act 1986
In section 16(5), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
Transport Superannuation Act 1988
30 In section 1, for "Department of Transport" substitute "Department of
Infrastructure".
In section 3(1)--
(a) in paragraph (a) of the definition of "contract officer"--
(i) omit "officer" (where first occurring);
35 (ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
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(b) in the definition of "employee", for "Treasurer" substitute
"Minister";
(c) in paragraph (a) of the definition of "exempt officer"--
(i) omit "officer" (where first occurring);
5 (ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
(d) in paragraph (i) of the definition of "Transport Authority", for
"Treasurer" substitute "Minister".
In sections 4(1)(g), 6(4), 22(3) and (4), 25(1) and 36, for "Treasurer"
10 (wherever occurring) substitute "Minister".
In section 38(1)(a), for "chief administrator of any administrative unit"
substitute "department head of any department".
In section 40(2)(b), for "Treasurer" substitute "Minister".
Travel Agents Act 1986
15 In 51(3), for "Public Service Act 1974" substitute "Public Sector
Management and Employment Act 1998".
For section 68(1) substitute--
"(1) A Licensing Registrar of the Authority who shall be a duly
qualified legal practitioner and any other Deputy Licensing
20 Registrars and other employees that are necessary for the purposes
of this Part are to be employed under Part 3 of the Public Sector
Management and Employment Act 1998.".
Treasury Corporation of Victoria Act 1992
In section 3, in paragraph (b) of the definition of "public authority", for
25 "officers of" substitute "employees in".
In section 12(2), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".
In section 13, for "officer of" substitute "employee in".
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act
30 1998
In clause 8 of Schedule 2, for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
Trustee Act 1958
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In sections 3A(3), (4) and (5), 3AC(1) (in the definition of "approved
indemnity"), 3AD and 3AE(2), for "Attorney-General" (wherever
occurring) substitute "Minister".
Trustee Companies Act 1984
5 In sections 4(1) (in the definition of "financial institution") and (4), 5(3)
and (4), 7(1) to (5), 8(1) and (3), 27(1), 30(2), 35(1), (3), (4) and (5),
45(3)(c) and (5), 46(c), 48(1) and (3) and 52(5), for "Attorney-General"
(wherever occurring) substitute "Minister".
TT-Line Gaming Act 1993
10 In section 11(1), after "Treasurer" insert "or Minister".
Unclaimed Moneys Act 1962
In section 10(1) and (2), for "officer" substitute "employee".
Urban Land Corporation Act 1997
In Schedule 1, in clause 3(2), for "Public Sector Management Act
15 1992" substitute "Public Sector Management and Employment Act
1998".
Valuation of Land Act 1960
For section 3(1) substitute--
"3. Valuer-general and other employees
20 (1) A valuer-general, a deputy valuer-general and any employees that
are required for the administration of this Act are to be employed
under Part 3 of the Public Sector Management and
Employment Act 1998.".
In section 3--
25 (a) in sub-section (4) omit "officer or";
(b) in sub-section (5)(a), for "permanent head" substitute
"Department Head".
In section 3A(1) and (3), after "appointed" substitute "or employed".
In section 7(1)--
30 (a) after "appointed" insert "or employed";
(b) after "officer" insert "or employee".
In section 8(1), after "appointed" insert "or employed".
Very Fast Train (Route Investigation) Act 1989
In sections 7(3)(b), 12(1) and 21(a), for "Department of Transport"
35 substitute "Department of Infrastructure".
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Veterinary Practice Act 1997
In section 54--
(a) in sub-section (2)--
(i) omit "officer or";
5 (ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
(b) sub-section (5) is repealed.
In section 64(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
10 Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".
In section 68--
(a) in sub-section (1)--
(i) omit "officer or";
15 (ii) for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998";
(b) sub-section (3) is repealed.
Victims of Crime Assistance Act 1996
In section 23, for "Subject to the Public Sector Management Act 1992
20 there may be appointed" substitute "There may be employed under Part
3 of the Public Sector Management and Employment Act 1998".
In section 36(2)(c), for "member of staff within the meaning of the
Public Sector Management Act 1992" substitute "a person employed
under Part 3 of the Public Sector Management and Employment Act
25 1998".
In Schedule 1, in clause 3, for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
Victoria Grants Commission Act 1976
In section 3(5), for "Public Service Act 1974" substitute "Public
30 Sector Management and Employment Act 1998".
For section 9 substitute--
"9. Staff
A secretary and any other employees that are necessary to assist
the Commission in carrying out its functions under this Act are to
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be employed under Part 3 of the Public Sector Management and
Employment Act 1998.".
Victoria State Emergency Service Act 1987
In section 3, in paragraph (b) of the definition of "Government agency",
5 after "officer" insert "or employee".
In section 4(b), for "officers and employees appointed" substitute
"persons employed".
For section 7 substitute--
"7. Staff
10 Any employees that are necessary to carry this Act into effect may
be employed under Part 3 of the Public Sector Management and
Employment Act 1998.".
In section 8, for "officer of" substitute "employee in".
In section 17--
15 (a) for "An officer" substitute "A";
(b) omit "officer," (where secondly and thirdly occurring).
In section 18, for "an officer" substitute "a".
In section 20 omit "officer or".
In section 20A(c) omit "officer or".
20 In section 31--
(a) in sub-section (1)(da) omit "officers and";
(b) in sub-section (2)(c) omit "officers or".
Victoria Arts Centre Act 1979
In section 14(4), for "Public Service Act 1974" substitute "Public
25 Sector Management and Employment Act 1998".
Victorian Civil and Administrative Tribunal Act 1998
In section 16(3), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
30 In section 32(1), for "appointed or employed under the Public Sector
Management Act 1992" substitute "employed under the Public
Sector Management and Employment Act 1998".
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In section 62(2), for "Public Sector Management Act 1992" (where
twice occurring) substitute "Public Sector Management and
Employment Act 1998".
In section 153(4), for "Public Sector Management Act 1992"
5 substitute "Public Sector Management and Employment Act 1998".
Victorian College of Agriculture and Horticulture Act 1982
Section 8 is repealed.
Victorian Funds Management Corporation Act 1994
In section 13(3), for "Public Sector Management Act 1992 (except
10 Part 9)" substitute "Public Sector Management and Employment
Act 1998".
Victorian Institute of Marine Sciences Act 1974
In section 2, in the definition of "Secretary", for "Department of
Conservation and Natural Resources" substitute "Department of
15 Natural Resources and Environment".
At the end of section 2 insert--
'(2) If under the Public Sector Management and Employment Act
1998 the name of the Department of Infrastructure is changed, the
reference in the definition of "Secretary" in sub-section (1) to that
20 Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
In section 9(3), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
25 In section 17A, for "officer of the Department of Conservation and
Natural Resources" substitute "employee in the Department of Natural
Resources and Environment".
Victorian Managed Insurance Authority Act 1996
In section 3, in the definition of "department"--
30 (a) for "Public Sector Management Act 1992" substitute "Public
Sector Management and Employment Act 1998";
(b) for "section 17(1)" substitute "section 16(1)".
In section 11(4), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
35 Act 1998".
Victorian Multicultural Commission Act 1993
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In section 7(5)(a), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
Victorian Plantations Corporation Act 1993
In section 6 and item 10 in Schedule 4, for "Department of
5 Conservation and Natural Resources" substitute "Department of
Natural Resources and Environment".
For section 27K substitute--
"27K. Appointment of registrar
There is to be a registrar of plantation licences employed under
10 Part 3 of the Public Sector Management and Employment Act
1998.".
Victorian Relief Committee Act 1958
For section 6A(2) substitute--
"(2) In determining the terms and conditions of employment of a
15 member of staff, the Committee must have regard to the terms and
conditions of employment of a person employed under Part 3 of
the Public Sector Management and Employment Act 1998
performing duties similar to those performed by that member of
staff.".
20 Vocational Education and Training Act 1990
In section 13(2), for "Public Sector Management Act 1992 (except
Part 9)" substitute "Public Sector Management and Employment
Act 1998".
In section 19, for sub-section (1) substitute--
25 "(1) A Director and any other employees that are necessary for the
purposes of this Act may be employed under Part 3 of the Public
Sector Management and Employment Act 1998.".
In section 92--
(a) in sub-section (1), for "officer or employee appointed" substitute
30 "person employed";
(b) in sub-section (2), for "officer" substitute "employee".
In Schedule 2, in clause 13(1), for "Part 4 of the Public Sector
Management Act 1992" substitute "Part 3, Division 5 of the Public
Sector Management and Employment Act 1998".
35 Warehousemen's Liens Act 1958
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In section 10(8)--
(a) for "the Treasurer" (where first occurring) substitute "the Minister
administering Part 7 of the Financial Management Act 1994";
(b) for "the Treasurer" (where secondly occurring) substitute "that
5 Minister".
Water Act 1989
In section 3(1)--
(a) in the definition of "department", for "Water Resources"
substitute "Natural Resources and Environment";
10 (b) in the definition of "Director-General", for "Conservation and
Natural Resources" substitute "Natural Resources and
Environment".
After section 3(1) insert--
"'(1A) If under the Public Sector Management and Employment Act
15 1998 the name of the Department of Natural Resources and
Environment is changed, the reference in the definition of
"department" and "Director-General" in sub-section (1) to that
Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.
20 In section 89--
(a) for "appoint" (wherever occurring) substitute "employ";
(b) for "appointed" substitute "employed".
In section 108(2)(b), for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
25 Employment Act 1998".
In sections 202(f), 206(1)(c), 216(2) and 218(4)(b), for "Secretary for
Planning and Environment" substitute "Secretary to the Department of
Infrastructure".
In section 273B(10)(b), for "in the area under the Public Sector
30 Management Act 1992" substitute "in a municipal council referred to
in the Schedule to the Public Holidays Act 1993".
In section 284, for "Treasurer" (where twice occurring) substitute
"Minister administering Part 7 of the Financial Management Act
1994".
35 In section 318(3), for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
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For section 323(1) substitute--
"(1) If a person ceases to be an officer of an Authority and that
person--
(a) was immediately before his or her appointment as an officer
5 of the Authority an employee in the public service; and
(b) has continuously been an officer of the Authority since he or
she ceased to be an employee in the public service--
the person is entitled to be employed in the public service with a
classification and emolument corresponding with or higher than
10 those which he or she last held or received in the public service
immediately before his or her appointment as an officer of an
Authority as if the period of service as an officer of an Authority
had been service in the public service and, for the purpose of long
service leave, that person must be taken to have been an employee
15 in the public service during the period of his or her service as an
officer of an Authority.".
In Schedule 1, in clause 2, for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
Employment Act 1998".
20 Water Industry Act 1994
In section 37(1), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 55(5) and (7), for "Department of Conservation and Natural
Resources" substitute "Department of Natural Resources and
25 Environment".
In section 114(2)(b), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
In section 116(2), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
30 In section 132(4) and (6), for "Department of Conservation and Natural
Resources" substitute "Department of Natural Resources and
Environment".
Wildlife Act 1975
In sections 32(2), 33(2) and 34(2), for "Minister of Water Supply"
35 substitute "Minister administering the Water Act 1989".
In section 87(7), for "Public Sector Management Act 1992"
substitute "Public Sector Management and Employment Act 1998".
Workers Compensation Act 1958
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In section 43(2)--
(a) for "Crown Solicitor" (where twice occurring) substitute
"Victorian Government Solicitor";
(b) omit "at the Crown Law Offices in Melbourne".
5 In section 99, for "Treasurer" substitute "Minister".
Young Farmers' Finance Council Act 1979
In section 3, for the definition of "Department", substitute--
' "Department" means a department within the meaning of the Public
Sector Management and Employment Act 1998;'.
10 Zoological Parks and Gardens Act 1995
In section 9(2)(a), for "Secretary of the Department of Conservation and
Natural Resources" substitute "Secretary to the Department of Natural
Resources and Environment".
In Schedule 2, in clause 1(4), for "Public Sector Management Act
15 1992 (except Part 9 or in accordance with Part 8)" substitute "Public
Sector Management and Employment Act 1998 (except in
accordance with Part 7 of that Act)".
__________________
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SCHEDULE 2
TRANSITIONAL PROVISIONS
Section 8
1. Definitions
5 In this Schedule--
"commencement day" means the day on which the
provisions of the new Act, other than Part 1, come
into operation;
"former Act" means Public Sector Management Act
10 1992;
"former Regulations" means the Public Sector
Management Regulations 1993;
"new Act" means Public Sector Management and
Employment Act 1998;
15 "Public Service Commissioner" means Public Service
Commissioner under Part 3 of the former Act.
2. General transitional provision
(1) This Schedule does not affect or take away from the
Interpretation of Legislation Act 1984.
20 (2) If a provision of the former Act continues to apply by force
of this Schedule, the following provisions also continue to
apply in relation to that provision--
(a) any other provision of the former Act necessary to
give effect to that continued provision; and
25 (b) any provision of the former Regulations made for the
purposes of that continued provision.
3. Existing public service staff
(1) A person holding an office or position or employed in the
public service under the former Act immediately before the
30 commencement day, or who by force of the former Act is
taken to be holding such an office or position or to be so
employed, must, on that day, be taken to be employed under
Part 3 of the new Act, with the same classification, duties
and remuneration, and subject to the same industrial award
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or agreement or, as the case requires, contract of
employment under Part 4 of the former Act, and with the
same rights to leave of absence and accrued or accruing
entitlements, as applied to the person or his or her office,
5 position or employment under the former Act immediately
before that day.
(2) A person employed under Part 9A of the former Act
immediately before the commencement day must, on that
day, be taken to be employed under Part 8 of the new Act,
10 with the same classification, duties and remuneration, and
subject to the same agreement or contract, and with the
same rights to leave of absence and accrued or accruing
entitlements, as applied to the person or his or her
employment under Part 9A of the former Act immediately
15 before that day.
(3) A person employed under Part 9B of the former Act
immediately before the commencement day must, on that
day, be taken to be employed under Part 9 of the new Act,
with the same classification, duties and remuneration, and
20 subject to the same agreement or contract, and with the
same rights to leave of absence and accrued or accruing
entitlements, as applied to the person or his or her
employment under Part 9B of the former Act immediately
before that day.
25 (4) A person on probation under the former Act immediately
before the commencement day continues on probation under
the new Act for the balance of the probation period.
(5) The repeal of the former Act does not prevent any of the
terms and conditions of employment of a person holding an
30 office or position or employed in the public service under
the former Act, or employed under Part 9A or 9B of the
former Act, immediately before the commencement day
from being altered by or under any law, award or agreement
with effect from any time after that day.
35 (6) Except as otherwise provided by this Schedule, the new Act
applies to a person who is taken by virtue of a provision of
this clause to be employed under a Part of the new Act in
the same way as it applies to persons actually employed
under that Part.
40 4. Vacancies
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Any process to fill a vacancy begun under Part 2 of the
former Regulations but not completed at the commencement
day may be continued and completed in accordance with
those Regulations.
5 5. Public service structure
(1) Departments under the former Act with titles corresponding
to the titles of Departments in an Order made under section
10 of the new Act and in force on the commencement day
must be taken to be those Departments on the
10 commencement day.
(2) Administrative Offices under the former Act with titles
corresponding to the titles of Administrative Offices in an
Order made under section 11 of the new Act and in force on
the commencement day must be taken to be those
15 Administrative Offices on the commencement day.
6. Public Service Commissioner
The person holding office as Public Service Commissioner
immediately before the commencement day holds office on
and from that day as Commissioner for Public Employment
20 as if he or she had been appointed as Commissioner for
Public Employment under Part 5 of the new Act for the
balance of his or her term of appointment as Public Service
Commissioner under the former Act.
7. Superseded references
25 On and from the commencement day unless the context
otherwise requires, in any Act (other than this Act or the
new Act or a provision of an Act amended by this Act), or
in any instrument made under any Act or in any other
document of any kind--
30 (a) a reference to the Public Service Board (or the
Chairman or a member or the secretary of that Board)
must be read as a reference to the Public Employment
Minister;
(b) a reference to the Public Service Commissioner must
35 be read as a reference to the Commissioner for Public
Employment;
(c) a reference to the Public Service Act 1958, the
Public Service Act 1974 or the Public Sector
Management Act 1992 must be read as a reference to
40 the new Act;
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(d) a reference to an Administrative Unit (except one
specified in Schedule Three A to the Public Service
Act 1974) must be read as a reference to a
Department;
5 (e) a reference to an Administrative Unit specified in
Schedule Three A to the Public Service Act 1974
must be read as a reference to an office specified in
section 16(1) of the new Act;
(f) a reference to an Associated Administrative Unit must
10 be read as a reference to an Administrative Office;
(g) a reference to the Chief Administrator (of an
Administrative Unit) must be read as a reference to a
Department Head;
(h) a reference to a Chief Administrator (of an Associated
15 Administrative Unit) must be read as a reference to an
Administrative Office Head;
(i) a reference to a person performing the functions of a
Department Head in relation to an Administrative
Office must be read as a reference to an
20 Administrative Office Head;
(j) a reference to an office or position (in relation to the
public service) must be read as a reference to
employment under Part 3 of the new Act;
(k) a reference to an officer, employee, fixed term
25 employee, temporary employee, casual employee or
cadet (in the public service) must be read as a
reference to an employee under Part 3 of the new Act.
8. Re-employment in public sector
A provision of Part 9 of the former Act, despite its repeal,
30 continues to apply to any person to whom it applied
immediately before the commencement day (whether by
reason of a provision of that or any other Act) in respect of
an office, position or employment held by that person
immediately before that day as if it had not been repealed.
35 9. Personal grievances and discipline
Any process, review or inquiry begun under Part 11 or 12 of
the former Regulations but not completed at the
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commencement day may be continued and completed in
accordance with those Regulations.
10. Compulsory retirement
Any action begun under section 33 of the former Act in
5 relation to an employee but not completed before the
commencement day has effect as if taken by the appropriate
Agency Head or the Public Employment Minister (as the
case requires) under section 34 of the new Act, and may be
continued and completed on and after that day accordingly.
10 11. Leave
Schedule 4 to the former Act, as in force immediately before
the commencement day, continues to apply to officers of the
Parliament as defined in the Parliamentary Officers Act
1975 as if references in that Schedule to the appropriate
15 Department Head were references to the relevant authority
as defined in that Act.
12. Continuing application of repealed provision
Clause 1(c) of Schedule 1 to the Employee Relations Act
1992 as continued in effect by the Workplace Relations Act
20 1996 of the Commonwealth applies in relation to
employees, Ministerial officers, Parliamentary advisers and
judicial employees as if any reference to an award were a
reference to a provision referred to in clause 22(1) of
Schedule 6 to the Public Sector Management Act 1992.
25 13. Continuation of application of reporting requirements
Sections 11, 12 and 13 of the Public Authorities (Equal
Employment Opportunity) Act 1990 continue to apply in
respect of the financial year ending on 30 June 1998 as if
that Act had not been repealed by this Act.
30
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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