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WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 1.1.5

Definition of public sector employment in subsection 4 (1) of the Act -- prescribed laws and persons

         (1)    For paragraph (g) of the definition of public sector employment in subsection 4 (1) of the Act, each of the following laws is prescribed:

                (a)    Naval Defence Act 1910 ;

               (b)    Supply and Development Act 1939 ;

                (c)    Australian Federal Police Act 1979 ;

               (d)    Governor‑General Act 1974 .

         (2)   For paragraph (h) of the definition of public sector employment in subsection 4 (1) of the Act, each of the following classes of persons is prescribed:

                (a)    members of the Defence Force;

               (b)    members of the Police Force of the Northern Territory;

                (c)    persons employed by, or in the service of:

                          (i)    a Commonwealth authority referred to in Schedule 3; or

                         (ii)    a body that is a subsidiary of a Commonwealth authority referred to in Schedule 3 in which body the Commonwealth authority has a controlling interest;

               (d)    persons who hold an office established under a law of the Commonwealth or of a Territory, other than persons who, otherwise than in their capacity as the holder of such an office, are employed or serve in a capacity described in paragraphs (a) to (g) of that definition of public sector employment .

Example

An example of a person who would fall within the exception to paragraph (d) is 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.

         (3)   For paragraph (i) of the definition of public sector employment in subsection 4 (1) of the Act, the Prisons (Correctional Services) Act 1980 of the Northern Territory is prescribed.



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