AUSTRALIAN CAPITAL TERRITORY

Public Sector Legislation Amendment 
Act 1999
No. 70 of 1999
	
An Act to amend the Public Sector Management Act 1994, the Fire Brigade (Administration) Act 1974 and the Legislative Assembly (Members' Staff) Act 1989 because of the repeal of the Merit Protection (Australian Government Employees) Act 1984 (Cwlth)
[Notified in ACT Gazette S62: 3 December 1999]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
1 	Name of Act
	This Act is the Public Sector Legislation Amendment Act 1999.
2 	Commencement
	This Act commences, or is taken to have commenced, on the commencement of the Public Service Act 1999 (Cwlth).
3 	Amendments of the Public Sector Management Act
	Section 235 of the Public Sector Management Act 1994 is amended—
	(a)	by adding at the end of subsection (1) the following paragraph:
	“(c)	a reference in that Act to the Merit Protection Commissioner or the Merit Protection and Review Agency were a reference to the Merit Protection Commissioner under the Public Service Act 1999 (Cwlth).”; and
	(b)	by omitting subsection (2) and substituting the following subsections:
“(2)	The Merit Protection Act applies under subsection (1) subject to—
	(a)	the modifications set out in Schedule 2; and
	(b)	any modifications prescribed under the management standards.
“(3)	This Act applies as if—
	(a)	a reference to the Director or the Merit Protection Agency were a reference to the Merit Protection Commissioner under the Public Service Act 1999 (Cwlth); and
	(b)	a reference to the Merit Protection Act were a reference to that Act as in force on 1 July 1999.
“(4)	This section ceases to have effect on 31 December 2000.”.
4 	Amendment of the Fire Brigade (Administration) Act
	Section 34 of the Fire Brigade (Administration) Act 1974 is amended by adding at the end the following subsections:
“(5)	The Merit Protection Act applies under this Act as if a reference in that Act to the Merit Protection and Review Agency were a reference to the Merit Protection Commissioner under the Public Service Act 1999 (Cwlth).
“(6)	The Merit Protection Act applies under this Act subject to any modifications prescribed under the regulations.
“(7)	This Act applies as if—
	(a)	a reference to the Merit Protection Review Agency of the Commonwealth were a reference to the Merit Protection Commissioner under the Public Service Act 1999 (Cwlth); and
	(b)	a reference to the Merit Protection Act were a reference to that Act as in force on 1 July 1999.
“(8)	This section and section 33 cease to have effect on 31 December 2000.”. 
5	Amendment of the Legislative Assembly (Members' 
Staff) Act
	After section 13B of the Legislative Assembly (Members' Staff) Act 1989  the following section is inserted:
"13BA	Application of Merit Protection (Australian Government Employees) Act
"(1)	The Merit Protection (Australian Government Employees) Act 1984 (Cwlth) applies under this Act as if a reference in that Act to the Merit Protection and Review Agency were a reference to the Merit Protection Commissioner under the Public Service Act 1999 (Cwlth).
"(2)	The Merit Protection (Australian Government Employees) Act 1984 (Cwlth) applies under this Act subject to any modifications prescribed under the regulations.
"(3)	This Act applies as if—
	(a)	a reference to the Merit Protection Agency were a reference to the Merit Protection Commissioner under the Public Service Act 1999 (Cwlth); and
	(b)	a reference to the Merit Protection (Australian Government Employees) Act 1984  (Cwlth) were a reference to that Act as in force on 1 July 1999.
"(4)	This section and section 13B cease to have effect on 31 December 2000.".

Endnotes
Acts amended
1	Public Sector Management Act 1994.  Republished as in force on 30 June 1997.  See also Acts 1997 No 74; 1998 No 54; 1999 No 55.
2	Fire Brigade (Administration) Act 1974.  Republished as in force on 31 March 1999.
3	Legislative Assembly (Members’ Staff) Act 1989.  Republished as in force on 31 January 1998. See also Act 1999 No 15.
[Presentation speech made in Assembly on 16 November 1999]

©  Australian Capital Territory 1999