Human Services Legislation Amendment Act 2011 (32 of 2011)

Schedule 2   Amendment of the Commonwealth Services Delivery Agency Act 1997

Part 2   Transitional provisions

Division 2   Acts of the CEO etc.

50   Transitional - acts of the CEO under financial management and public service legislation etc.

Scope

(1) This item applies to an act if:

(a) the act was done by the Chief Executive Officer before the transition time under:

(i) the Financial Management and Accountability Act 1997; or

(ii) regulations under the Financial Management and Accountability Act 1997; or

(iii) Finance Minister’s Orders under the Financial Management and Accountability Act 1997; or

(iv) the Public Service Act 1999; or

(v) regulations under the Public Service Act 1999; or

(b) the act was done in relation to the Chief Executive Officer before the transition time under, or for the purposes of:

(i) the Financial Management and Accountability Act 1997; or

(ii) regulations under the Financial Management and Accountability Act 1997; or

(iii) Finance Minister’s Orders under the Financial Management and Accountability Act 1997; or

(iv) the Public Service Act 1999; or

(v) regulations under the Public Service Act 1999.

Note: For acts of delegates, see paragraph 34AB(c) of the Acts Interpretation Act 1901.

Effect after transition time

(2) After the transition time, the act has effect:

(a) if paragraph (1)(a) applies - as if it had been done by the Secretary; or

(b) if paragraph (1)(b) applies - as if it had been done in relation to the Secretary.

(3) The Minister may, by legislative instrument, declare that subitem (2) does not apply to a specified act.

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(4) If, at a particular time, the Minister makes a declaration under subitem (3) in relation to a specified act, the Minister may at the same time, by legislative instrument, make any of the following declarations:

(a) if paragraph (1)(a) applies - that the act has effect, after the transition time, as if it had been done by the Chief Executive Centrelink;

(b) if paragraph (1)(b) applies - that the act has effect, after the transition time, as if it had been done in relation to the Chief Executive Centrelink.

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(5) A declaration made under subitem (3) or (4) after the transition time takes effect at the transition time.

(6) A declaration made under subitem (3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901, takes effect at the transition time.