Public Service Acts Amendment Act 1982 (Cth)

Public Service Acts Amendment Act 1982 No. 111 of 1982 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922 3. Principal Act 4. Interpretation 5. Officers of the Parliament 6. Insertion of new sections— 9a. Creation, &c., of offices in Parliamentary Departments 9b. Annual report to Parliament by Presiding Officers 7. Constitution of the Public Service 8. Appointment of Public Service Board 9. Chairman of the Board 10. Insertion of new section— 12a. Acting appointments of members of the Board 11. Constitution of Board where vacancies exist 12. Delegation by Board 13. Records of officers 14. Division heading 15. Repeal of sections 23 and 24 16. Permanent Heads 17. Chief Officers 18. Creation, &c., of offices 19. Repeal of section 30 and substitution of new section— 30. Salaries of officers 20. Division heading TABLE OF PROVISIONS—continued Section 21. Repeal of section 33 and substitution of new heading and sections— Subdivision A—Preliminary 33. Interpretation 33a. Notification of certain matters related to appointment, transfer or promotion 33b. Prohibition of patronage, &c. 33c. Board may arrange for tests and examinations 33d. Unattached officers 22. Repeal of sections 35 to 46 and substitution of new Subdivision, Subdivision heading and sections— Subdivision B—Appointment of Permanent Heads 35. Interpretation 36. Appointment of Permanent Heads 37. Procedures for nominating persons as suitable for appointment as Permanent Head 38. Acting appointments of Permanent Head 39. Dual appointments of Permanent Heads Subdivision C—Appointment of Officers other than Permanent Heads 40. Appointment of officers other than Permanent Heads 41. Special appointments 23. Appointments to be on probation 24. Special provisions relating to appointment of returned soldiers 25. Re-appointment of retired officers 26. Re-appointment of persons who have retired from Service to become candidates at elections 27. Repeal of heading to Division 5 of Part III and of sections 50 and 50a and substitution of new Subdivision heading and sections— Subdivision D—Promotions and Transfers of Officers other than Permanent Heads 50. Transfers and promotions 50a. Selection of officers for promotion 50b. Appeals 50c. Promotions Appeal Committees 50d. Determination of appeals 50k. Day on which promotion takes effect, &c. 50f. Death of officer before appeal determined 50g. Cancellation of promotions 50h. Promotion appeal rights of officers eligible for redeployment under Commonwealth Employees (Redeployment and Retirement) Act 50j. Transfer of officers by Permanent Head from one Department to another 50k. Simultaneous transfers within a Department 28. Insertion of new section— 51aa. Abolition of Department or changed administrative arrangements 29. Temporary performance of duties 30. Repeal of sections 53 to 54b and substitution of new sections and Subdivision— 53. Transfers or promotions to specified offices to be made in accordance with the order of passing examinations 53a. Promotion of officers who complete courses of training for special positions Subdivision E—Constitution and Organization of Promotions Appeal Committees 53b. Interpretation 53c. Constitution of Promotions Appeal Committees 53d. Remuneration and allowances 53e. Resignation of Chairman 53f. Leave of absence for full-time Chairman 53g. Termination of appointment of full-time Chairman TABLE OF PROVISIONS—continued Section 53h. Member ceasing to act 53j. Split decisions 53k. Places of sitting of Committee 31. Interpretation 32. Repeal of heading to Subdivision B of Division 6 of Part III and substitution of new heading and section— Subdivision B—Permanent Heads and Certain Unattached Officers 56a. Interpretation 33. Disciplinary action in respect of Permanent Heads, &c. 34. Conviction by courts of Permanent Heads, & c. 35. Suspension of Permanent Heads, &c. 36. Repeal of heading to Subdivision C of Division 6 of Part III and substitution of new heading and section— Subdivision C—Officers other than Permanent Heads 60a. Interpretation 37. Disciplinary action in respect of officers other than Permanent Heads 38. Inquiries into misconduct in relation to officers other than Permanent Heads 39. Convictions by courts of officers other than Permanent Heads 40. Suspension of officers other than Permanent Heads 41. Criminal offences 42. Imprisonment 43. Repeal of section 64 and substitution of new section— 64. Attachment of salaries of officers 44. Forfeiture of office 45. Remuneration to be not less favourable than State remuneration 46. Rate of remuneration 47. Appointment to the Service 48. Rate of remuneration 49. Officers serving with other bodies 50. Repeal of section 84c and substitution of new section— 84c. Promotion of transferred officers to offices in the Service 51. Interpretation 52. Restriction on prescription of public authorities, &c. 53. Officers engaged in eligible public employment 54. Preservation of rights in respect of leave 55. Office to become vacant in certain circumstances 56. Application of sections 50 and 53 to certain unattached officers 57. Employment of officers by certain authorities, &c., upon transfer of functions 58. Right to re-enter Service by way of transfer or promotion 59. Application for re-appointment to Service 60. Re-appointment to Service 61. Re-appointment in special circumstances 62. Rights of officers upon re-appointment 63. Constitution of, and inquiries by, Committees 64. Insertion of new section— 87TA. Preservation of rights of certain officers 65. Rights of officers to whom repealed Officers' Rights Declaration Act applies 66. Effect of repealed Officers' Rights Declaration Act ceasing to apply to officer 67. Effect of election or appeal on Trade Commissioner, &c. 68. Provisions relating to certain officers on leave under section 71 and employed in Northern Territory Public Service 69. Provisions relating to former officers who resigned to join certain commissions 70. Seniority of certain former officers re-appointed to Service 71. Repeal of section 87ZD and substitution of new section— 87ZD. Promotion of certain former officers 72. Insertion of new section— 89A. Protection of persons in respect of work reports on officers or employees 73. Payments to officers TABLE OF PROVISIONS—continued Section 74. Regulations 75. Schedule 3 76. Principal Act to continue to apply in relation to provisional promotions not confirmed be­fore commencing day 77. Dual appointments of Permanent Heads PART III—AMENDMENTS OF THE COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 78. Principal Act 79. Interpretation 80. Approved criteria and procedures 81. Redeployment in Public Service 82. Commonwealth Employees Redeployment and Retirement Appeals Tribunals 83. Retirement of Permanent Heads of Departments on ground of inefficiency or incapacity 84. Permanent Heads of Departments recommended for retirement on medical grounds may be declared unattached 85. Officers other than Permanent Heads recommended for retirement on medical grounds may be declared unattached 86. Retirement on ground of age 87. Regulations PART IV—AMENDMENTS OF OTHER ACTS 88. Amendments of Aboriginal Affairs (Arrangements with the States) Act 1973 89. Amendment of Administrative Decisions (Judicial Review) Act 1977 90. Amendments of Australian National Airlines Repeal Act 1981 91. Amendment of Meat Inspection Arrangements Act 1964 92. Amendments of Mint Employees Act 1964 93. Amendments of National Parks and Wildlife Conservation Act 1975 94. Amendments of Public Service Amendment Act 1978 95. Amendments of Remuneration Tribunals Act 1973 96. Amendments of Statistics (Arrangements with States) Act 1956 Public Service Acts Amendment Act 1982 No. 111 of 1982 An Act relating to the Australian Public Service [Assented to 5 November 1982] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the Public Service Acts Amendment Act 1982. Commencement 2.(1) Sections 1, 2 and 3, sub-section 4 (2), sections 7, 8, 9, 10, 11, 12, 16 and 17, sub-sections 18 (1) and 25 (1), sections 28, 44, 45, 46, 47, 48, 52, 57, 68 and 72, sub-section 74 (2), sections 75, 77 and 82 and Part IV (other than sections 89, 90, 94 and 95) shall come into operation on the day on which this Act receives the Royal Assent. (2) Sub-sections 4 (3) and 34 (1), sections 41 and 49, sub-section 51 (2), sections 53, 54 and 64, sub-section 65 (1) and sections 67 and 94 shall be deemed to have come into operation on 15 March 1981. (3) Section 90 shall come into operation on the day fixed under sub-section 2 (2) of the Australian National Airlines Repeal Act 1981. (4) The remaining provisions of this Act shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation. PART II—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922 Principal Act 3. The Public Service Act 19221 is in this Part referred to as the Principal Act. Interpretation 4. (1) Section 7 of the Principal Act is amended by omitting from sub-section (1) the definitions of "Division", "Selection Test" and "the prescribed educational qualification". (2) Section 7 of the Principal Act is further amended— (a) by omitting from sub-section (1) the definition of "Department" and substituting the following definition: "'Department' means— (a) any Department of the Service (other than a Department of the Service that has been abolished or the name of which has been altered) the name of which is specified, or deemed by virtue of section 7a to be specified, in Schedule 2; or (b) a branch or part of the Service in relation to which a person has, under this Act or another Act, the powers of, or exercisable by, a Permanent Head as if that branch or part of the Service were a separate Department;"; (b) by inserting in sub-section (1) after the definition of "national service" the following definition: "'office of Permanent Head' means— (a) an office (other than an office that has been abolished or the name of which has been altered) the name of which is specified, or deemed by virtue of sub-section 25 (1) to be specified, in Schedule 3; or (b) an office the holder of which has, under this Act or another Act, in relation to a branch or part of the Service, the powers of, or exercisable by, a Permanent Head;"; (c) by inserting in sub-section (1) after the definition of "overseas" the following definitions: "'Permanent Head' means a person for the time being holding, or performing the duties of, an office of Permanent Head; 'relevant Permanent Head' means the Permanent Head of the Department in connection with which, or in which is employed an officer or employee in connection with whom, the expression is used or is applicable;"; and (d) by omitting from sub-section (1) the definition of "The Permanent Head". (3) Section 7 of the Principal Act is further amended by adding at the end thereof the following sub-section: "(2) In this Act, unless the contrary intention appears— (a) a reference to the repealed Officers' Rights Declaration Act 1928 shall be read as a reference to that Act as amended and in force immediately before 15 March 1981; and (b) a reference to the former section 6 of the Trade Commissioners Act 1933 shall be read as a reference to section 6 of that Act as amended and in force immediately before 15 March 1981.". Officers of the Parliament 5. (1) Section 9 of the Principal Act is amended— (a) by omitting from paragraph (1) (a) "all appointments or promotions of officers of the Department" and substituting "the appointment of a person to the office of Clerk"; (b) by omitting from paragraph (1) (b) "all appointments or promotions of officers of the Department" and substituting "the appointment of a person to the office of Clerk"; (c) by omitting from paragraph (1) (c) "all appointments or promotions of officers of the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or" and substituting "the appointment of a person to the office of Parliamentary Librarian, Principal Parliamentary Reporter or Secretary to"; (d) by omitting sub-section (2) and substituting the following sub-sections: "(2) Notwithstanding anything contained in this Act— (a) the President of the Senate may appoint persons, or promote officers, to offices in the Department of the Senate (other than the office of Clerk of the Senate); (b) the Speaker may appoint persons, or promote officers, to offices in the Department of the House of Representatives (other than the office of Clerk of the House of Representatives); and (c) the President and the Speaker may appoint persons, or promote officers, to offices in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department (other than the offices of Parliamentary Librarian, Principal Parliamentary Reporter and Secretary to the Joint House Department). "(2aa) Subject to this section, unless inconsistent with the context, any action or approval required or authorized by this Act, the regulations or any determinations in force under section 82d to be taken or given by the Board shall or may, so far as officers and offices of the Parliament are concerned, be taken or given by the President or the Speaker, or the President and the Speaker, as the case may be, in substitution for the Board and any action (other than an action referred to in sub-section (2)) required or authorized by this Act, the regulations or any determination in force under section 82d to be taken by a Permanent Head or Chief Officer shall or may be taken— (a) in relation to officers of, and offices in, the Department of the Senate—by the Clerk of the Senate; (b) in relation to officers of, and offices in, the Department of the House of Representatives—by the Clerk of the House of Representatives; (c) in relation to officers of, and offices in, the Department of the Parliamentary Library—by the Parliamentary Librarian; (d) in relation to officers of, and offices in, the Department of the Parliamentary Reporting Staff—by the Principal Parliamentary Reporter; and (e) in relation to officers of, and offices in, the Joint House Department—by the Secretary to the Joint House Department."; (e) by inserting "or authorized" after "required" in paragraph (2a) (a); (f) by inserting "shall or" before "may" (first occurring) in paragraph (2a) (a); (g) by omitting from paragraph (2a) (b) "Secretary of and substituting "Secretary to"; (h) by omitting sub-section (5); (j) by omitting from paragraph (8) (a) "and"; and (k) by inserting after paragraph (8) (a) the following paragraph: "(aa) a reference to offices of the Parliament shall be read as a reference to offices in the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department; and". (2) All offices that, immediately before the date of commencement of this section, were offices in the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department shall, on and after that date, continue to be offices in that Department having the same designation and classification as they had immediately before that date as if they had been validly created under and in accordance with sub-section 9a (1), (2) or (3) of the Principal Act as amended by this Act and persons occupying those offices immediately before that date shall be entitled, on and after that date, to continue to occupy those offices as if they had been validly appointed, promoted or transferred, as the case may be, to those offices under and in accordance with sub-section 9 (1) or (2) of the Principal Act as amended by this Act. 6. (1) After section 9 of the Principal Act the following sections are inserted in Part I: Creation, &c., of offices in Parliamentary Departments "9a. (1) The President may, after obtaining a report from the Clerk of the Senate— (a) create an office in the Department of the Senate; or (b) abolish an office in the Department of the Senate. "(2) The Speaker may, after obtaining a report from the Clerk of the House of Representatives— (a) create an office in the Department of the House of Representatives; or (b) abolish an office in the Department of the House of Representatives. "(3) The President and the Speaker may, after obtaining a report from the Parliamentary Librarian, the Principal Parliamentary Reporter or the Secretary to the Joint House Department, as the case may be— (a) create an office in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department, as the case may be; or (b) abolish an office in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department, as the case may be. "(4) The President may, after obtaining a report from the Clerk of the Senate— (a) raise or lower the classification of an office in the Department of the Senate; or (b) alter the designation of an office in the Department of the Senate, other than the office of Clerk of the Senate. "(5) The Speaker may, after obtaining a report from the Clerk of the House of Representatives— (a) raise or lower the classification of an office in the Department of the House of Representatives; or (b) alter the designation of an office in the Department of the House of Representatives, other than the office of Clerk of the House of Representatives. "(6) The President and the Speaker may, after obtaining a report from the Parliamentary Librarian, the Principal Parliamentary Reporter or the Secretary to the Joint House Department, as the case may be— (a) raise or lower the classification of an office in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department, as the case may be; or (b) alter the designation of an office in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department, as the case may be, other than the office of Parliamentary Librarian, Principal Parliamentary Reporter or Secretary to the Joint House Department. "(7) Where the classification of an office in a Department referred to in sub-section (4), (5) or (6) is altered, the office shall be deemed to be vacant and the officer who occupied the office immediately before the alteration becomes an unattached officer. "(8) Where the President or the Speaker, or the President and the Speaker, as the case may be, makes or make the same alteration of the classification of all offices having the same designation and classification, the President or the Speaker, or the President and the Speaker, as the case may be, may, by notice published in the Gazette, direct that sub-section (7) shall not apply and, in that case, that sub-section does not apply. "(9) Where— (a) the President or the Speaker, or the President and the Speaker, as the case may be, makes or make an alteration of the classification of an office in a case where there is no other office having the same designation and classification as that office; and (b) the President or the Speaker, or the President and the Speaker, as the case may be, declares or declare, by notice published in the Gazette, that that alteration is related to an alteration in respect of which a notice is or has been published under sub-section (8), the President or the Speaker, or the President and the Speaker, as the case may be, may, in that first-mentioned notice, direct that sub-section (7) shall not apply in relation to that first-mentioned alteration and, in that case, that sub-section does not apply. Annual report to Parliament by Presiding Officers "9b. (1) In this section— (a) a reference to a Parliamentary Department shall be read as a reference to the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department; (b) a reference to the relevant Presiding Officer or the relevant Presiding Officers, in relation to a Parliamentary Department, shall be read as a reference to— (i) in the case of the Department of the Senate—the President; (ii) in the case of the Department of the House of Representatives—the Speaker; and (iii) in the case of each other Parliamentary Department—the President and the Speaker; and (c) 'officer of the Parliament' and 'employee of the Parliament' have the same meanings as those expressions have in section 9. "(2) The person who is the relevant Presiding Officer, or the persons who are the relevant Presiding Officers, in relation to a Parliamentary Department shall, as soon as practicable after 30 June in each year, cause a report concerning the operation of that Parliamentary Department during the year that ended on that 30 June to be prepared and to be laid before— (a) the Senate, in the case of a report concerning the Department of the Senate; (b) the House of Representatives, in the case of a report concerning the Department of the House of Representatives; and (c) each House of the Parliament, in the case of a report concerning any of the other Parliamentary Departments. "(3) Nothing in this section shall be taken to affect any means by which a member of a House of the Parliament might seek information from the President or the Speaker, or the President and the Speaker, concerning any matter related to the administration of a Parliamentary Department.". (2) If this section comes into operation on a date after 30 June in any year and before the next following 1 January, the first report in relation to each Parliamentary Department under section 9b of the Principal Act as amended by this Act shall relate to the period commencing on the date of commencement of this section and ending on 30 June next following that date and shall so relate to that period as if that period were a year. (3) If this section comes into operation on a date after 31 December in any year and before the next following 1 July, the first report in relation to each Parliamentary Department under section 9b of the Principal Act as amended by this Act shall relate to the period commencing on the date of commencement of this section and ending on 30 June second occurring after that date and shall so relate to that period as if that period were a year. Constitution of the Public Service 7. Section 10 of the Principal Act is amended by omitting "the offices in the several Departments specified in Schedule 2" and substituting "offices in Departments". Appointment of Public Service Board 8. Section 11 of the Principal Act is amended— (a) by omitting from sub-section (1) ", and on the happening of any vacancy in the office of member of the Board the Governor-General shall appoint a person to the vacant office"; and (b) by omitting sub-section (8). Chairman of the Board 9. Section 12 of the Principal Act is amended— (a) by omitting from sub-section (1) ", and on the happening of any vacancy in the office of Chairman the Governor-General shall appoint a person to fill that office"; and (b) by omitting sub-section (2). 10. After section 12 of the Principal Act the following section is inserted: Acting appointments of members of the Board "12a. (1) The Governor-General may appoint a person to act as Chairman— (a) during a vacancy in the office of Chairman; or (b) during a period, or during all periods, when the Chairman is suspended from office, is absent from duty or Australia or is, for any other reason, unable to perform the functions of his office, but a person appointed to act during a vacancy shall not continue so to act after the expiration of 6 months after the occurrence of the vacancy. "(2) While a person is acting as Chairman in pursuance of an appointment under sub-section (1)— (a) he has and may exercise all the powers, and shall perform all the functions, of a member of the Board under this Act or any other law, and, in addition, he has and may exercise all the powers, and shall perform all the functions, of the Chairman under this Act; and (b) in a case where he is not a member of the Board—he shall be deemed to be a member of the Board for the purposes of sub-sections 11 (8a), (8b) and (9) and 15 (2) and (3) and section 16. "(3) The Governor-General may appoint a person to act as a member of the Board— (a) during a vacancy in the office of a member of the Board (other than the Chairman); or (b) during a period, or during all periods, when a member of the Board (other than the Chairman) is acting as Chairman, is suspended from office, is absent from duty or Australia or is, for any other reason, unable to perform the functions of his office, but a person appointed to act during a vacancy shall not continue so to act after the expiration of 6 months after the occurrence of the vacancy. "(4) While a person is acting as a member of the Board in pursuance of an appointment under sub-section (3), he has and may exercise all the powers, and shall perform all the functions, of a member of the Board under this Act or any other law, and shall be deemed to be a member of the Board for the purposes of sub-sections 11 (8a), (8b) and (9) and 15 (2) and (3) and section 16. "(5) An appointment of a person under sub-section (1) or (3) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. "(6) The Governor-General may— (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Chairman or as a member of the Board (other than the Chairman); and (b) terminate such an appointment at any time. "(7) Where— (a) a person is acting in the office of Chairman in pursuance of an appointment made under paragraph (1) (b); or (b) a person is acting in the office of a member of the Board (other than the Chairman) in pursuance of an appointment made under paragraph (3) (b), and that office becomes vacant while the person is so acting, then, subject to sub-section (5), that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 6 months from the date on which the vacancy occurred expires, whichever first happens. "(8) The appointment of a person to act as Chairman, or as a member of the Board (other than the Chairman), ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Governor-General. "(9) Section 18 does not apply to the making of an appointment under sub-section (1) or (3) or to the termination of such an appointment. "(10) The validity of anything done by a person purporting to act in pursuance of an appointment under sub-section (1) or (3) shall not be called in question on the ground that— (a) the occasion for his appointment had not arisen; (b) there is a defect or irregularity in or in connection with his appointment; (c) the appointment had ceased to have effect; or (d) the occasion for him to act had not arisen or had ceased.". Constitution of Board where vacancies exist 11. Section 13a of the Principal Act is amended— (a) by omitting paragraph (1) (b) and substituting the following paragraph: "(b) where a vacancy in the office of a member of the Board remains unfilled, the Board shall, for the purposes of this Act, be deemed to be constituted by the remaining members or member and by the person (if any) acting as a member of the Board during the vacancy."; and (b) by omitting sub-sections (2), (3) and (4) and substituting the following sub-section: "(4) In the event of the Board being constituted by one member, that member shall have all the powers and functions of the Chairman of the Board under this Act.". Delegation by Board 12. (1) Section 16 of the Principal Act is amended— (a) by omitting from sub-section (1) "or to an officer or employee" and substituting ", to an officer or employee or to a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister all or"; (b) by omitting from sub-section (3) "Permanent Head" and substituting "relevant Permanent Head"; and (c) by omitting sub-section (4) and substituting the following sub-section: "(4) In this section, a reference to the Chairman of the Board shall, if a person is acting as the Chairman of the Board, be read as a reference to that person.". (2) An instrument of delegation in force under section 16 of the Principal Act immediately before the commencement of this section shall, after the commencement of this section, have effect as if it were an instrument of delegation under section 16 of the Principal Act as amended by sub-section (1). (3) Any delegation that the Public Service Board purported to make before the commencement of this section of all of its powers and functions under the Public Service Act 1922 or under any other law shall be deemed to have been as valid as it would have been if the reference in sub-section 16 (1) of the Public Service Act 1922 as in force at the time when the purported delegation was made to any of the Board's powers and functions under the Public Service Act 1922 or under any other law had been a reference to all or any of the Board's powers and functions under that Act or under any other law. (4) The reference in sub-section (2) to an instrument of delegation in force under section 16 of the Principal Act immediately before the commencement of this section includes a reference to such an instrument that is to be taken to have been in force by reason of the operation of sub-section (3). Records of officers 13. Section 21 of the Principal Act is amended— (a) by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs: "(a) if he is occupying an office—the designation of that office; or "(b) if he is an unattached officer performing duties in a Department—the designation applicable to him as a person performing those duties."; and (b) by omitting sub-sections (3), (4) and (5). Division heading 14. The heading to Division 1 of Part III of the Principal Act is repealed and the following heading is substituted: "Division 1—Permanent Heads and Chief Officers". Repeal of sections 23 and 24 15. Sections 23 and 24 of the Principal Act are repealed. Permanent Heads 16. Section 25 of the Principal Act is amended— (a) by omitting from sub-section (3) "Permanent Head" (wherever occurring) and substituting "relevant Permanent Head"; (b) by adding at the end of sub-section (4) "as if those branches of the Service were separate Departments"; (c) by omitting sub-section (4a); (d) by inserting in sub-section (5) "or to a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister" after "delegate to an officer"; and (e) by omitting sub-section (7).