Part 3A Administrative changes

Division 1 Orders concerning departments of the Public Service

55A   Creation and change in relation to departments

(1)  The Governor may by order:

(a)  establish, abolish or change the name or other description of any department of the Public Service or any branch of any department of the Public Service, or

(b)  remove a branch from any department of the Public Service, or

(c)  add a branch to any department of the Public Service.

(2)  Any other Act may establish, abolish or change the name or other description of a department of the Public Service by amendment of Schedule 1 to insert, omit or change the name or other description of the Department, respectively.

55B   Orders amending or replacing Schedule 1

The Governor may by order:

(a)  amend Column 1 of Schedule 1 by inserting, omitting or changing the name or other description of a department of the Public Service, or

(b)  amend Column 2 of Schedule 1 by inserting the title or other description of an office or position opposite an entry in Column 1 of that Schedule, or by omitting or amending a title or other description in Column 2 of that Schedule, or

(c)  omit Schedule 1 and insert in its place a Schedule containing in Column 1 the names or other descriptions of departments of the Public Service and containing in Column 2 the titles or other descriptions of offices or positions.

55C   Orders specifying responsible Minister

The Governor may by order specify the Minister who is to be responsible for a department of the Public Service.

Division 2 Other administrative changes orders

55D   Definitions

In this Division:

administrative change means:

(a)  the fact of there ceasing to be a Minister, Department or officer of a particular description, or

(b)  the transfer of the administration of an Act, or a part of an Act, from a Minister to another Minister, or

(c)  the transfer of a function from a Minister, Department or officer to another Minister, Department or officer, respectively.

Department includes any branch or other part of a Department.

description includes title.

Minister means a Minister of the Crown.

officer means a member of staff of a Department.

reference, in relation to a Minister, Department or officer, includes a reference that (whether by or under this or any other Act) is to be read or construed as, or taken to be, or deemed to be, or otherwise treated as, a reference to that Minister, Department or officer.

statutory instrument means an instrument made under an Act or under an instrument made under an Act, and includes a regulation, rule, by-law or ordinance made under an Act.

55E   Orders to change references in Acts

(1)  The Governor may make orders containing provisions requiring a reference in any Act or statutory instrument, or in any other instrument, or in any contract or agreement, to a Minister, Department or officer by a specified description to be construed as a reference to a Minister, Department or officer, respectively, by another specified description.

(2)  Such a provision does not apply to or in respect of any Act or statutory instrument, or any other instrument, or any contract or agreement, enacted, made or entered into after the date of publication in the Gazette of the order in which the provision is contained, or the date on which the provision takes effect, whichever is the later.

(3)  An order under this section need not be consequential on or incidental to administrative change.

55F   Orders re administrative change and other matters

(1)  The Governor may make orders containing such provisions as in the opinion of the Governor are necessary or convenient to be made for the purpose of dealing with matters that are incidental to or consequential on administrative change, the making of an order under this Division or a requirement imposed by an order under this Division.

(2)  The provisions that may be made by an order under this section include provisions for the transfer of any property, rights and liabilities held, enjoyed or incurred by a superseded authority, and provisions of a transitional or savings nature, including any of the following provisions:

(a)  provisions for the carrying on or completion of anything commenced by, or under the authority of, or in relation to, a superseded authority,

(b)  provisions for the continuity of any body constituted by, or having amongst its members, a superseded authority,

(c)  provisions for the substitution, in any legal proceedings, of a Minister or officer for a superseded authority.

(3)  In this section:

superseded authority means a Minister, Department or officer who is, or whose description is, the subject of an order under this Division.

Division 3 Requirements concerning orders

55G   Publication and commencement of orders

(1)  An order under this Part is to be published in the Gazette.

(2)  The order takes effect on the date of its publication in the Gazette, or on such other date as may be specified in the order. The commencement date can be a date that is earlier than the date of publication of the order in the Gazette (including earlier than the commencement of this Part).

55H   Limited, general and differential application of orders

An order under this Part may be made so as:

(a)  to apply generally or be limited in its application by reference to specified exceptions or factors, or

(b)  to apply differently according to different factors of a specified kind.

55I   Operation of orders

(1)  An order under this Part does not invalidate anything done or omitted to be done before the date of its publication in the Gazette.

(2)  To the extent to which an order under this Part takes effect from a date that is earlier than the date of its publication in the Gazette, the order does not operate so as:

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

55J   Combination orders

An order may be made under this Part combining any 2 or more of the provisions authorised by this Part, including provisions authorised under different sections.