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Environment Protection Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
General
On 17 January 2017, the Andrews Labor Government released its response
to the Independent Inquiry into the Environment Protection Authority
(the Authority) (Government Response), which committed to implementing
changes to modernise the Environment Protection Authority's governance
structure and overhaul the Environment Protection Act 1970 (EP Act).
The Government Response committed to 2 legislative packages--an EPA
Establishment Act, intended to implement the Authority's new objectives,
decision making principles and a new governance structure; and a complete
rewrite of the remainder of the EP Act.
The Bill gives effect to certain commitments announced in the Government
Response, by establishing a new governance structure for the Authority and
new objective of the Authority to protect human health and the environment.
The Bill will form the basis for the new principal Environment Protection
Act.
The Bill will primarily repeal parts of the EP Act, but will make some
consequential amendments to that Act, which are necessary to ensure both
the EP Act and Bill can be read together until the EP Act is repealed in its
entirety. The Bill also makes consequential amendments to the Public
Administration Act 2004.
Part 1 of the Bill provides for preliminary matters, namely the purposes and
commencement of the Bill and definitions.
Part 2 of the Bill provides for the new objective of the Authority. It also
provides for the establishment and functions of the new Governing Board
of the Authority, the proceedings of the Governing Board, the governance
arrangements regarding the members of the Governing Board, and the
employment of staff of the Authority including a chief executive officer
and a new role of chief environmental scientist.
581370 1 BILL LA INTRODUCTION 6/6/2017
Part 3 of the Bill provides for general and transitional provisions.
Part 4 of the Bill provides for consequential amendments to the
Environment Protection Act 1970 and the Public Administration
Act 2004.
Clause Notes
Part 1--Preliminary
Clause 1 sets out the main purposes of the Bill, which are--
• to provide for the continuation of the Authority; and
• to specify a new objective of the Authority; and
• to provide a new governance structure for the continued
Authority; and
• to provide for the Governing Board of the Authority;
and
• to make consequential amendments to the Environment
Protection Act 1970 and the Public Administration
Act 2004.
Clause 2 deals with the commencement of the Bill. It will come into
operation on a day or days to be proclaimed. Any provisions
that have not come into operation before 1 July 2018 will
come into operation on that day.
Clause 3 sets out definitions of various terms used in the Bill. These are--
advisory committee refers to a committee established by the
Governing Board under clause 20. The Governing Board has
discretion to establish these committees, and to appoint any
person to be a member of a committee, to advise and assist
the Governing Board in the performance of it functions;
Authority refers to the Environment Protection Authority
established under section 5(1) of the Environment Protection
Act 1970 and continued in existence upon commencement of
the Bill by operation of clause 5(1) of this Bill;
Chairperson refers to the member of the Governing Board who
is appointed as the Chairperson of the Governing Board by the
Governor in Council, on the recommendation of the Minister,
under clause 11(1)(a);
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chief environmental scientist refers to the chief environmental
scientist (CES) of the Authority who is to be appointed by the
Governing Board under clause 22 of this Bill who is responsible
for providing advice to the Authority relating to its new objective
set out in clause 6 of this Bill and the duties and functions of the
Authority;
chief executive officer refers to the chief executive officer (CEO)
of the Authority who is to be appointed by the Governing Board
under clause 21 of this Bill who is responsible to the Governing
Board for the administration of the day to day management of the
affairs of the Authority;
commencement day means the day clause 28 of this Bill comes
into operation to repeal sections of the Environment Protection
Act 1970 that are replaced by the clauses in this Bill;
deputy Chairperson refers to the member of the Governing
Board who is appointed as the deputy Chairperson by the
Governor in Council, on the recommendation of the Minister,
under clause 11(1)(b) of this Bill;
Governing Board means the Environment Protection Authority
Governing Board established under clause 9. The Governing
Board is established as the governing body of the Authority and
is vested with the powers, functions and duties of the Authority
under the Bill.
Subclause (2) provides that words and expressions defined in the
Environment Protection Act 1970 have the same meaning in
this Bill, unless that meaning is inconsistent with the context or
subject matter of the clause.
Clause 4 provides that this Bill is to be read as if it forms part of the
Environment Protection Act 1970, but this Bill prevails if
there is an inconsistency between the Bill and that Act.
Part 2--Environment Protection Authority
Clause 5 provides for the continued existence of the Environment
Protection Authority as established under section 5(1) of the
Environment Protection Act 1970 as in force immediately
before the commencement day.
3
The Authority is a body corporate with the usual powers, such
as being able to sue and be sued, hold personal property and do
other things that a body corporate may do.
Subclause (3) provides for the courts to take judicial notice of
the official seal of the Authority, and subclause (4) provides
the official seal must be kept in such custody as the Authority
determines and that it not be used except as authorised by the
Authority.
Subclause (5), for the avoidance of doubt, confirms the Authority
is the same body despite being re-constituted under the Bill as a
public entity.
Clause 6 provides for the objective of the Authority. The Authority's
objective is to protect human health and the environment by
reducing the harmful effects of pollution and waste.
Subclause (2) provides that the Authority must exercise and
perform the powers, duties and functions conferred on it by
this Bill, the Environment Protection Act 1970 or any other
Act to achieve the objective in subclause (1) to the extent that it
is practicable to do so having regard to the nature of the power,
duty or function.
Clause 7 provides that the Authority's powers, duties and functions are--
• to administer this Bill and the Environment Protection
Act 1970 and any regulations and Orders made under
those Acts; and
• the powers, duties and functions conferred on the
Authority by this Bill, the Environment Protection
Act 1970 or any other Act.
Clause 8 enables the Authority to employ staff under Part 3 of the
Public Administration Act 2004 for the purposes of
performing the functions of the Authority.
Under subclause (2), the Authority may also enter into
agreements or arrangements for the use of the services of any
staff of a Department, statutory authority or other public body.
This means that the Authority may use the services of other
public bodies by agreement.
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Upon commencement of this Bill any existing staff of the
Authority will remain employed by the Authority with their
current terms and conditions of employment.
Clause 9 establishes the governing body of the Authority, that being the
Environment Protection Authority Governing Board.
Subclause (2) provides that the members of the Board are
appointed by the Governor in Council on the recommendation
of the Minister and that the Board consists of 5 to 9 members.
Subclause (3) requires the Minister, when recommending persons
to be members of the Governing Board, to ensure that at least
one recommended person has qualifications or experience in
science or engineering, and that at least one recommended person
be nominated by the Minister responsible for the administration
of the Public Health and Wellbeing Act 2008 who has
qualifications or experience in health.
Subclause (3) further requires the Minister to ensure that the
persons recommended for appointment collectively have
experience, skills or knowledge in the following fields--
• environment protection or regulation;
• regulation of industry;
• local government;
• public administration or governance;
• finance or accounting;
• legal practice.
A person recommended for appointment to the Governing Board
could possess experience, skills or knowledge in more than one
field.
Clause 10 provides that the Governing Board is responsible for--
• the governance, strategic planning and risk management
of the Authority; and
• pursuing the objective of the Authority.
The Governing Board may perform the duties and functions and
exercise the powers of the Authority.
5
Subclause (2) deems that all acts and things done in the name
of, or on behalf of, the Authority by, or with the authority of the
Governing Board, are taken to have been done by the Authority.
Clause 11 requires the Governor in Council, on the recommendation of
the Minister, to appoint one of the members already appointed
to the Governing Board under clause 9 as the Chairperson and
to appoint another of the members as the deputy Chairperson.
The composition of the Governing Board is therefore--
• a member appointed as Chairperson; and
• a member appointed as deputy Chairperson; and
• not less than 3 and not more than 7 other members.
Subclause (2) provides that a Chairperson or deputy Chairperson
ceases to hold that office when they cease to be a member of the
Governing Board.
Clause 12 provides for the member's terms and conditions of appointment
to office. Specifically, a member of the Governing Board--
holds office for a period of up to 5 years and may be reappointed
for one further term; holds office on the terms and conditions
(including remuneration and allowances) as specified in the
instrument of appointment; and is subject to the Public
Administration Act 2004, but not Part 3 of that Act.
Subclause (2) provides that other terms and conditions of a
member's appointment to office may be set out in their
instrument of appointment so long as those terms and conditions
are not inconsistent with those in the Bill.
Clause 13 deals with vacancies, resignations and removal of members of the
Governing Board from office.
Subclause (1) provides for the circumstances where the office of
a member becomes vacant, which are where the member--
• becomes an insolvent under administration; or
• is convicted or found guilty of an indictable offence or
an offence that, if committed in Victoria, would be an
indictable offence; or
• is absent from 2 consecutive meetings of the Governing
Board without the approval of the Governing Board; or
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• is removed from office; or
• retires or resigns; or
• dies.
Subclause (2) enables the Governor in Council to fill a vacancy
that occurs in office before the end of the member's term by
appointing another member to act in that office or appointing
another person to act as a member of the Governing Board
(as the case requires) in accordance with clause 14 of the Bill.
If an office becomes vacant within 6 months before the end of
the term, subclause (3) authorises the Governor in Council to
leave the office vacant for the remainder of the term.
Subclause (4) enables a member of the Governing Board to
resign by delivering a signed letter of resignation to the Minister.
Subclause (5) provides that the Governor in Council, upon
recommendation of the Minister, may remove a member from
office based on certain grounds. Specifically if the member--
• becomes incapable of performing the member's duties;
or
• is negligent in the performance of those duties; or
• engages in improper conduct; or
• fails to disclose a pecuniary interest as required by
clause 18; or
• is convicted or found guilty of an offence against this
Bill or the Environment Protection Act 1970; or
• is no longer suitable to hold office.
Under subclause (5)(e), the Minister may recommend to the
Governor in Council to remove a member who is found guilty
of an offence against this Bill or the Environment Protection
Act 1970 because the duties of a member of the Governing
Board of the Authority relate to the enforcement of those
offences. A member could lose office in these circumstances
even if the court does not record a conviction to ensure, in the
public interest, that only fit and proper persons are members of
the Governing Board.
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Clause 14 provides for acting appointments.
Subclause (1) requires the deputy Chairperson to act as
Chairperson if the office of the Chairperson is vacant or
during any period the Chairperson is absent or unable to
attend meetings or unable to perform duties of the office.
Subclause (2) provides that while acting as the Chairperson,
the deputy Chairperson may exercise all the powers and must
perform all the functions and duties of the Chairperson and is
entitled to the remuneration and allowances to which the
Chairperson would have been entitled.
Subclause (3) authorises the Governor in Council, on the
recommendation of the Minister, to appoint a member to act
as deputy Chairperson when--the office of deputy Chairperson
is vacant; when the deputy Chairperson is absent; during any
period the deputy Chairperson is acting as Chairperson; or when
the deputy Chairperson is unable to attend meetings or unable to
perform duties of the office.
Subclause (4) provides that a member acting as the deputy
Chairperson may exercise all the powers, and must perform all
the functions and duties, of the deputy Chairperson.
Subclauses (5) to (8) provide for the Governor in Council, on
the recommendation of the Minister, to appoint a person to act
as a member of the Governing Board when--the office of a
member is vacant; a member is absent during any period;
a member is acting as deputy Chairperson; or a member is unable
to attend meetings or unable to perform duties of the office.
A person acting as a member of the Governing Board may
exercise all the powers, and must perform all the functions and
duties, of the member and is entitled to the remuneration and
allowances to which the member would have been entitled.
In recommending acting appointments, the Minister must
ensure that the recommended acting appointee together with
the members of the Governing Board collectively possess the
knowledge, skills and experience required for appointments to
the Governing Board as set out in subclause 9(3) of this Bill.
Clause 15 provides that a decision or an act of the Governing Board will
not be invalid only by reason of any vacancy in the office of a
member or any defect or irregularity in or in connection with the
appointment of a member.
8
Clause 16 provides for the conduct of meetings of the Governing Board,
including when and where meetings must be held, quorum
requirements, voting rights and meeting minutes.
Under subclause (1), the Governing Board determines the times
and places of meetings of the Governing Board.
Under subclause (2), a quorum for a board meeting is a majority
of the members holding office at the time, of whom one member
must be the Chairperson or deputy Chairperson.
Subclause (3) provides that questions at board meetings are to
be determined by a majority of votes. Under subclause (4), the
person presiding has a deliberative vote and, in case of a tie, has
a second or casting vote.
Subclause (5) enables members of the Governing Board to
participate in meetings without being physically present in the
same room. For instance, the Governing Board could conduct a
meeting by teleconference.
Subclause (6) requires the presiding member to ensure that
accurate meetings of the board are kept.
Under subclause (7), the Governing Board can otherwise
determine its own procedure.
Clause 17 enables the Governing Board to make resolutions without
holding a board meeting.
Subclause (1) enables the Governing Board to determine to make
proposed resolutions without having to meet and to determine a
method by which the members can form agreement in regards to
the proposed resolutions.
Subclause (2) provides that a resolution is taken to have been
made if a majority of the members of the Governing Board
entitled to vote on the resolution indicate agreement with the
resolution, that agreement is indicated in accordance with a
method that was determined by the Governing Board, and all
the members were informed of the proposed resolution, or
reasonable efforts were made to inform the members of the
proposed resolution.
Subclause (3) clarifies that a member of the Governing Board
is not entitled to vote on a proposed resolution in the method
agreed upon in this clause if the member would have been
precluded from voting on that resolution considered at a meeting
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of the Governing Board. Clause 18 regarding pecuniary interests
applies in the same way to resolutions permitted under this
clause.
Subclause (4) requires the Governing Board to keep a record of
resolutions made in accordance with this clause.
Clause 18 provides for how any pecuniary interest of a member in a
matter being considered or about to be considered by the
Governing Board must be dealt with and creates offences for
non-compliance.
Subclause (1) requires a member who has a pecuniary interest
in a matter being or to be considered by the Governing Board to
disclose that interest at a meeting of the Governing Board as soon
as practicable after the relevant facts have come to the member's
knowledge.
Breach of subclause (1) is an offence with a maximum penalty of
60 penalty units.
Subclause (2) provides that where the Chairperson has an interest
in a matter being considered by the Governing Board, they must
disclose the nature of the interest to the Minister as soon as
practicable after it has come to their attention.
Breach of subclause (2) is an offence with a maximum penalty of
60 penalty units.
Subclause (3) provides that the presiding member of a meeting of
the Governing Board at which a disclosure is made under this
clause must record the disclosure in the minutes of the meeting.
Subclause (4) provides that a member who has made a disclosure
under subclause (1) or (2) must not be present during any
deliberation with respect to, or vote on, the matter. A breach
of subclause (4) will be an offence with a maximum penalty of
60 penalty units. However, this subclause will not apply if the
Governing Board resolves under subclause (5) that the member
may be present during deliberations of, or vote on, the matter.
Subclause (5) provides that the Governing Board may resolve
that the interests of the member are not such as to require them to
remove themselves from the deliberation and voting and permit
the member to be present for such in respect to a matter where
they have made a disclosure.
10
Note that Part 5 of the Public Administration Act 2004,
which also sets out requirements for disclosure of interests,
also applies to members of the Governing Board.
Clause 19 provides it is an offence for a person who is or has been a
member of the Governing Board, the chief executive officer,
an authorised officer or an employee of the Authority to
improperly use any information acquired in the course of that
person's duties to obtain or indirectly obtain any pecuniary
interest or other advantage for themselves or another person.
The offence carries a maximum penalty of 60 penalty units.
Clause 20 provides the Governing Board may establish advisory
committees to provide advice and information to assist
the Board in the performance of its functions.
It is expected that the Governing Board will establish committees
to advise it in relation to the Authority's science, engineering and
health functions.
Subclause (2) provides that the Governing Board may determine
the process for establishing the committees, the governance and
procedure of the committees and terms and conditions of
members appointed to committees.
Subclause (3) provides that the Governing Board may appoint
any person to a committee.
Subclause (4) provides that members of committees are entitled
to be paid allowances and expenses as determined by the
Governing Board.
Clause 21 requires the Governing Board to appoint a chief executive officer
subject to the terms and conditions set out in the instrument of
appointment. The chief executive officer is responsible for the
administration of the day to day management of the affairs of the
Authority and is subject to the policies and directions of the
Governing Board made for the purposes of clause 10(1)(a).
Under subclause (2), the chief executive officer must not be a
member of the Governing Board but may attend its meetings.
Subclause (5) enables the chief executive officer to delegate
any of their powers or functions to an officer or employee of
the Authority, or to the holder of an office or position with the
Authority, with the exception of the power of delegation, which
cannot be delegated.
11
Clause 22 requires the Governing Board to appoint a chief environmental
scientist, who is employed under Part 3 of the Public
Administration Act 2004. The chief environmental scientist
is responsible for the provision of advice to the Authority relating
to the objective of the Authority set out in clause 6 and the duties
and functions of the Authority. The chief environmental scientist
is to fulfil this responsibility subject to and in accordance with
the directions of the chief executive officer.
Note that as the chief environmental scientist is employed under
Part 3 of the Public Administration Act 2004, they will be
subject to the public service employment arrangements under
that Act and be an employee of the Authority.
Part 3--General and transitional provisions
Clause 23 provides that the Public Administration Act 2004 applies to the
Authority as if the Authority is a public entity for the purposes of
Part 5 of that Act. Part 5 of the Public Administration Act 2004
deals with the operation of public entities. The provisions of
that Act prevail over this Bill to the extent of any inconsistency
(see section 76 of that Act).
Clause 24 provides that all remuneration and expenses of the Authority are
to be paid out of the Environment Protection Fund established
under section 70 of the Environment Protection Act 1970 and
moneys provided by Parliament for the purpose. This includes
the remuneration and expenses of the members of the Governing
Board and advisory committees, the chief executive officer and
the chief environmental scientist and all other expenses lawfully
incurred by the Authority and the Governing Board under this
Bill and the Environment Protection Act 1970.
Clause 25 provides transitional provisions that take effect on the
commencement day, which is the day when clause 28 of
the Bill comes into operation to repeal certain sections of
the Environment Protection Act 1970.
Paragraph (a) provides for the abolishment of the Environment
Protection Board under section 8(1) of the Environment
Protection Act 1970 and for the appointment of that Board's
members to the office to cease. Under this Bill, the Environment
Protection Board is to be replaced by the Environment Protection
Authority Governing Board.
12
Paragraphs (b) and (c) provide for the abolishment of the offices
of Chairman and Deputy Chairman under section 6(1) and (2) of
the Environment Protection Act 1970 and for the appointment
of the Chairman and Deputy Chairman to cease. Under this
Bill, a chief executive officer will be appointed as the head of
the Authority, and a member of the new Environment Protection
Authority Governing Board will be appointed as Chairperson and
another as deputy Chairperson by the Governor in Council on the
recommendation of the Minister under clause 11.
Clause 26 provides transitional provisions relating to employees of the
Authority that take effect on the commencement day, when
clause 28 of the Bill comes into operation to repeal sections
of the Environment Protection Act 1970.
A person who is an employee of the Authority immediately
before the commencement day is taken to be employed under
clause 8(1) of this Bill by the Authority that is continued in
operation by clause 5 of this Bill.
Subparagraphs (b) and (c) of this clause provide that the terms
and condition and any entitlements to benefits accrued by these
employees immediately before the commencement day will
continue with the Authority that is continued in operation by
clause 5 of this Bill.
Part 4--Consequential amendments
Division 1--Amendment of the Environment Protection Act 1970
Clause 27 repeals the definitions of Authority and Chairman in section 4(1)
of the Environment Protection Act 1970. These definitions are
to be replaced by new definitions in this Bill to reflect the
application of this Bill.
Subclause (3) inserts a legislative note at the end of section 4(1)
of the Environment Protection Act 1970 explaining that the
provisions of this Bill are to be read as if they formed part of that
Act.
Clause 28 repeals sections 5, 6, 7, 8, 9, 10 and 11 of the Environment
Protection Act 1970, which relate to the establishment of the
Authority and the role and procedures of the Environment
Protection Board. These sections are replaced by the clauses
13
in this Bill that provide for the new governance structure of the
Authority.
Clause 29 repeals sections 14 and 15 of the Environment Protection
Act 1970, which relate to employees and expenses of the
Authority. Section 14 and 15 are replaced by clauses 8
and 24 of this Bill with minor amendments to reflect the
new status of the Authority and its offices.
Clause 30 amends section 19B of the Environment Protection Act 1970
to allow the Authority to refer applications for works approvals
that have potentially significant implications for public health to
the Secretary of the Department of Health and Human Services
(DHHS).
Subclause (1) provides that the Authority need only refer an
application for a works approval to the Secretary of DHHS if
the Authority considers that the application is a significant
works approval application.
Subclause (2) inserts a definition of significant works approval
application into section 19B of the Environment Protection
Act 1970. The definition refers to an application for a works
approval that is reasonably likely to have significant implications
for public health that meets the criteria for "significant" as
specified by the Minister in a determination published in the
Government Gazette for the purposes of section 19B.
This change to works approvals reflects the Government's
response to the Independent Inquiry's recommendation to
consolidate and enhance Victoria's environmental health
capability in the Authority through the transfer of DHHS
staff to the Authority. It is intended that only works approvals
that are assessed by the Authority as having the potential to
pose significant health risks to public health be referred to
DHHS so as to provide formal input from Victoria's ultimate
authority on public health matters, the Chief Health Officer.
Clause 31 amends section 20(8)(a)(ii) of the Environment Protection
Act 1970 to require the Authority to refer a copy of an
application received under section 20 of that Act to the
Secretary of the Department of Health and Human Services
only if the application would have been a significant works
approval application under section 19B, as amended by
clause 30 of this Bill, if it had been made under section 19B.
14
Clause 32 amends section 20A(6)(a)(ii) of the Environment Protection
Act 1970 to require the Authority to refer a copy of an
application received under section 20A of that Act to the
Secretary of the Department of Health and Human Services
only if the application would have been a significant works
approval application under section 19B, as amended by
clause 30 of this Bill, if it had been made under section 19B.
Clause 33 amends section 20B(3) of the Environment Protection
Act 1970 by substituting references to the Chairman with
references to the chief executive officer. This amendment
reflects that the chief executive officer will be responsible
for the administration of the day to day management of the
affairs of the Authority under this Bill.
Clause 34 amends section 20C(3)(a) of the Environment Protection
Act 1970 to enable the Authority to refuse to issue, transfer
or amend an authorisation on the basis that, in the opinion of
the Authority, to do so would likely endanger public health.
Clause 35 amends section 50AC(d) of the Environment Protection
Act 1970 to replace the term Chairman as defined under
the Environment Protection Act 1970 with Chairperson
as defined under this Bill.
Clause 36 amends section 50BC(b) of the Environment Protection
Act 1970 to replace the term Chairman as defined under
the Environment Protection Act 1970 with Chairperson
as defined under this Bill.
Clause 37 amends section 54C of the Environment Protection Act 1970 to
replace the term Chairman as defined under the Environment
Protection Act 1970 with Chairperson as defined under this Bill.
Clause 38 amends section 54D of the Environment Protection Act 1970 to
replace the term Chairman as defined under the Environment
Protection Act 1970 with Chairperson as defined under this Bill.
Clause 39 amends section 54E of the Environment Protection Act 1970 to
replace the term Chairman as defined under the Environment
Protection Act 1970 with Chairperson as defined under this Bill.
Clause 40 amends section 59AA of the Environment Protection Act 1970
to replace the term Chairman as defined under the Environment
Protection Act 1970 with Chairperson as defined under this Bill.
15
Clause 41 amends section 60 of the Environment Protection Act 1970
to extend the requirements regarding the disclosure of
information obtained during the course of a person's duties
set out in section 60 to apply to information obtained during
the course of a person's duties under this Bill.
Clause 42 amends section 68 of the Environment Protection Act 1970 by
replacing some instances of "Authority" with "Governing Board"
to reflect that the Governing Board has the power to delegate the
powers and functions of the Authority to protection agencies
under this Bill.
Clause 43 amends section 68A(1) of the Environment Protection
Act 1970 to reflect that the Governing Board has the power
to delegate the powers and functions of the Authority or the
Governing Board to an officer or employee of or the holder
of an office or position with the Authority under this Bill,
except for the power of delegation.
Clause 43 also inserts section 68(A)(3) into the Environment
Protection Act 1970 to provide the chief executive officer may
delegate all or any of the powers and functions delegated to the
chief executive officer by the Governing Board under subsection
(1) to an officer or employee of or the holder of an office or
position with the Authority under this Bill.
Clause 44 amends section 68B of the Environment Protection
Act 1970 by replacing some instances of "Authority" with
"Governing Board" to reflect that the Governing Board
has the power to delegate the powers and functions of the
Authority to protection agencies under this Bill.
Clause 44 also amends section 68B of the Environment
Protection Act 1970 by adding references to this Bill in addition
to the references to the Environment Protection Act 1970.
Division 2--Amendment of the Public Administration Act 2004
Clause 45 amends section 16(1) of the Public Administration Act 2004 to
provide that the Chairperson of the Authority has the functions of
a public service body Head in relation to employees of the
Authority.
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Division 3--Repeal of Part 4
Clause 46 provides for Part 4 of this Bill to be repealed on 1 July 2019.
The repeal will not affect the continuing operation of
amendments made by Part 4--see section 15(1) of the
Interpretation of Legislation Act 1984.
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