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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Protective Service Amendment Bill 2002
No.
, 2002
(Justice and
Customs)
A Bill for an Act to amend the
Australian Protective Service Act 1987, and for related
purposes
Contents
A Bill for an Act to amend the Australian Protective
Service Act 1987, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Protective Service Amendment
Act 2002.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 3(1)
Insert:
APS employee has the same meaning as in the Public Service
Act 1999.
2 Subsection 3(1)
Insert:
Commissioner means the Commissioner of Police referred to in
section 6 of the Australian Federal Police Act 1979.
3 Subsection 3(1) (definition of
Director)
Omit “such office in the Department as is designated”,
substitute “the position in the Protective Service
created”.
4 Subsection 3(1) (definition of protective
service officer)
Omit “such office in the Department as is designated”,
substitute “a position in the Protective Service created”.
5 Subsection 3(1) (definition of
Secretary)
Repeal the definition.
6 Subsection 3(2)
Omit “subsection 5(2),”.
7 Section 5
Repeal the section, substitute:
(1) The Australian Protective Service is established.
(2) For the purposes of the Public Service Act 1999, the Protective
Service is a Statutory Agency constituted by:
(a) the Commissioner as Head of the Agency; and
(b) the APS employees assisting the Commissioner under this Act.
(3) The reference to APS employees in paragraph (2)(b) does not
include a reference to special protective service officers who are APS employees
in another Agency.
(4) In this section:
Agency has the same meaning as in the Public Service Act
1999.
8 Section 7
Repeal the section, substitute:
The Commissioner may, by notice in writing published in the
Gazette, create a position in the Protective Service the occupant of
which is the Director of the Protective Service.
9 Section 8
Repeal the section, substitute:
The Commissioner may, by notice in writing published in the
Gazette, create positions in the Protective Service the occupants of
which are protective service officers.
10 Section 10
Omit “his or her office unless the protective service officer”,
substitute “a protective service officer unless he or
she”.
11 Section 10
Omit “Secretary”, substitute
“Commissioner”.
12 Section 11
Omit “Secretary”, substitute
“Commissioner”.
13 Subsection 12(1)
Omit “Secretary”, substitute
“Commissioner”.
14 Subsection 12(3)
Repeal the subsection, substitute:
(3) Where a provision of the General Orders is inconsistent
with:
(a) a provision of this Act or any other Act; or
(b) a provision of regulations made under this Act or any other Act;
or
(c) a determination made under section 24 of the Public Service
Act 1999; or
(d) a direction issued by the Public Service Commissioner under
section 11, 15 or 36 of the Public Service Act 1999; or
(e) a direction issued by the Prime Minister under section 21 of the
Public Service Act 1999; or
(f) the Classification Rules made under section 23 of the Public
Service Act 1999;
the latter prevails and the former, to the extent of the inconsistency, is
invalid.
15 Subsection 19(6)
Omit “a person occupying such office in the Department as”,
substitute “the APS employee in the Protective Service
who”.
16 Subsection 20(4)
Omit “a person occupying such office in the Department as”,
substitute “the APS employee in the Protective Service
who”.
17 Section 23
Omit “Secretary”, substitute
“Commissioner”.
18 Section 23
Omit “the person occupying a specified office in the
Department”, substitute “an APS employee in the Protective
Service”.
19 Subsection 24(1)
Omit “protective service officer”, substitute “APS
employee in the Protective Service”.
20 Subsection 24(1)
Omit all the words after “Director under this”,
substitute:
Act, other than:
(a) this power of delegation; or
(b) the power to issue General Orders; or
(c) the powers the Director has because he or she is a protective service
officer.
21 Subsection 25(1)
Omit “Secretary” (wherever occurring), substitute
“Commissioner”.
Note: The heading to section 25 is altered by omitting
“Secretary” and substituting
“Commissioner”.
22 Subsection 25(1)
Omit “protective service officer”, substitute “APS
employee in the Protective Service”.
23 Subsection 25(2)
Omit “Secretary”, substitute
“Commissioner”.
24 Subsection 25(3)
Omit “Secretary” (wherever occurring), substitute
“Commissioner”.
25 At the end of
Part IV
Add:
(1) As soon as practicable after each 30 June, the Commissioner must
prepare and give to the Minister a report on the administration and operations
of the Protective Service during the year that ended on that date.
(2) The Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sittings days of that House after the Minister
receives the report.
(3) The report may be combined with the report prepared by the
Commissioner for that year under section 67 of the Australian Federal
Police Act 1979.
26
Transitional—positions
(1) An office designated by the Secretary under section 7 or 8 of the
Australian Protective Service Act 1987 as in force immediately before the
commencement of this Act continues in existence under the Australian
Protective Service Act 1987 as amended by this Act as if it were a position
created by the Commissioner under that section as amended.
(2) To avoid doubt:
(a) the person who was the Director of the Protective Service immediately
before the commencement of this Act continues to be the Director of the
Protective Service under the Australian Protective Service Act 1987 as
amended by this Act; and
(b) a person who was a protective service officer or a special protective
service officer immediately before the commencement of this Act continues to be
a protective service officer or a special protective service officer, as the
case may be, under the Australian Protective Service Act 1987 as amended
by this Act; and
(c) identity cards issued under section 20 of the Australian
Protective Service Act 1987 that were valid immediately before the
commencement of this Act continue to be valid under the Australian Protective
Service Act 1987 as amended by this Act; and
(d) delegations under section 24 of the Australian Protective
Service Act 1987 that were in force immediately before the commencement of
this Act continue to be in force under the Australian Protective Service Act
1987 as amended by this Act.
27 Transitional—oaths and
affirmations
An oath or affirmation made and subscribed under section 10 of the
Australian Protective Service Act 1987 as in force immediately before the
commencement of this Act is also taken to be an oath or affirmation made and
subscribed under that section as amended by this Act.
28 Transitional—general
orders
General orders in force under section 12 of the Australian
Protective Service Act 1987 immediately before the commencement of this Act
continue to be in force under that section as amended by this Act as if they
were issued with the written approval of the Commissioner.
29 Transitional—section 23
certificates
A certificate signed by the Secretary for the purposes of section 23
of the Australian Protective Service Act 1987 as in force immediately
before the commencement of this Act, has effect on and after the commencement of
this Act as if it were signed by the Commissioner.