Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part, unless the contrary intention appears:
"Agency" has the same meaning as in the Public Service Act 1999 .
"Agency Head" has the same meaning as in the Public Service Act 1999 .
"classification" includes a level.
"commencing time" means the time when this Act commences.
"continuing employee" means a person who was a continuing employee in a former Parliamentary Department for the purposes of Division 10 of Part III of the old Act immediately before the commencing time.
"continuing SES officer" means a person who was an SES officer in a former Parliamentary Department immediately before the commencing time.
"corresponding new Department" , means:
(a) in relation to a former Parliamentary Department--the Department that corresponds to the former Parliamentary Department; or
(b) in relation to a person who was an old Act officer or old Act employee--the Department that corresponds to the former Parliamentary Department in which the person was an old Act officer or old Act employee immediately before the commencing time.
"determinations" means determinations under this Part.
"eligible public employment" means eligible public employment within the meaning of Part IV of the old Act.
"first-tier person" means a person:
(a) to whom:
(i) Division 2 of Part IV of the old Act applied immediately before the commencing time; or
(ii) the Officers' Rights Declaration Act 1928 applied immediately before the commencing time because of section 87TA of the old Act; and
(b) who was an officer in a former Parliamentary Department immediately before the Division referred to in subparagraph ( a)(i) or the Act referred to in subparagraph ( a)(ii) began to apply to him or her.
"former Parliamentary Department" means a Parliamentary Department within the meaning of section 9B of the old Act.
"Merit Protection Act" means the Merit Protection (Australian Government Employees) Act 1984 .
"non-SES officer" means a person who was an officer under the old Act, other than an SES officer.
"old Act" means the Public Service Act 1922 .
"old Act employee" means an employee within the meaning of the old Act.
"old Act officer" means an officer within the meaning of the old Act.
"pre-commencement misconduct" means conduct of an old Act officer or old Act employee before the commencing time that was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act.
"second-tier person" means:
(a) a person to whom Division 3 of Part IV of the old Act applied immediately before the commencing time; or
(b) a person who becomes a second - tier person under subsection 77(6) of this Act.
"statutory instrument" means:
(a) a law of the Commonwealth (other than this Act); or
(b) a law of a Territory; or
(c) an instrument having effect under a law referred to in paragraph ( a) or (b).
"term employee" means a person who, immediately before the commencing time was:
(a) a short - term or fixed - term employee in a former Parliamentary Department for the purposes of Division 10 of Part III of the old Act; or
(b) a person employed in a former Parliamentary Department under section 82AG of the old Act.
"transitional determination" means a determination under subsection 9(7A) or section 82D of the old Act that was in force immediately before the commencing time, subject to any amendments that are prescribed by the determinations under this Part.
"transitional period" , in relation to a first - tier person, means the period starting at the commencing time and ending at the earliest of the following times:
(a) the end of the period prescribed by the determinations for the purposes of this paragraph;
(b) the time when the person ceases to be engaged in eligible public employment;
(c) the time when the person resigns or retires as a Parliamentary Service employee;
(d) the end of the relevant period (as defined in subsection 87D(5) of the old Act).