Commonwealth Numbered Regulations

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FINANCIAL TRANSACTION REPORTS REGULATIONS 2019 (F2019L01173) - REG 6

Meaning of public employee

             (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.



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