(1) For the purposes of this instrument, a person is a public employee if the person is employed by the Commonwealth or by a State or Territory, or by a public authority or a rating authority, whether the person is so employed under a law, or under a contract of service or apprenticeship.
(2) Without limiting subsection (1):
(a) a member of the Parliament of the Commonwealth or of a State or Territory; or
(b) a justice or judge of a court of the Commonwealth or of a State or Territory; or
(c) a person (other than a person mentioned in subsection (4)) who is the holder of an office established by or under a law of the Commonwealth or of a State or Territory;
is, for the purposes of this instrument, taken to be employed by the Commonwealth or the State or Territory, as the case may be.
(3) Without limiting subsection (1), a member of the Australian Defence Force is, for the purposes of this instrument, taken to be employed by the Commonwealth.
(4) Without limiting subsection (1), a person is, for the purposes of this instrument, taken to be employed by a public authority or a rating authority if:
(a) the person constitutes, or is a member of, the authority; or
(b) if the authority is a body corporate--the person is a director of the body corporate.