Commonwealth Numbered Regulations

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FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 6.08

Public sector employer to act through employing authority -- meaning of public sector employment

Employment or service that is public sector employment

         (1)   For paragraph 795 (4) (h) of the Act, each of the following laws is prescribed:

                (a)    the Australian Federal Police Act 1979 ;

               (b)    the Governor‑General Act 1974 ;

                (c)    the Naval Defence Act 1910 .

Employment or service that is not public sector employment

         (2)   For paragraph 795 (5) (a) of the Act, a member of the Defence Force is prescribed.

         (3)   For paragraph 795 (5) (a) of the Act, a member of the Police Force of the Northern Territory is prescribed.

         (4)   For paragraph 795 (5) (a) of the Act, a person who:

                (a)    holds an office established under a law of the Commonwealth or of a Territory; but

               (b)    is not a person who, otherwise than in his or her capacity as the holder of that office, is employed or serves in a capacity described in paragraphs 795 (4) (a) to (h) of the Act;

is prescribed.

Example

An APS employee who also holds a part‑time statutory office, or who is granted leave without pay from his or her APS employment in order to take up a full‑time statutory office.

         (5)   For paragraph 795 (5) (b) of the Act, the Prisons (Correctional Services) Act of the Northern Territory is prescribed.



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