Commonwealth Numbered Regulations - Explanatory Statements

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MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1991 NO. 326

Statutory Rules 1991 No. 326

Maternity Leave (Commonwealth Employees) Regulations (Amendment)

(Issued by the Authority of the Minister for Industrial Relations)

Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Sub-section 3(1) of the Act defines "prescribed authority". Under section 5 of the Act, employees of a prescribed authority may be brought by regulation within the maternity leave arrangements provided under the Act.

Paragraph 5(1)(b) of the Act applies the Act to prescribed persons employed by the Commonwealth.

The definition of "prescribed authority" includes:

(a)       a body corporate (other than an incorporated company, society or association) that is incorporated for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory) and is declared by the regulations to be a body corporate in relation to which the Act applies;

(b)       an unincorporated body that is established for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory) and is declared by the regulations to be an unincorporated body in relation to which the Act applies; or

(c)       a company that:

(i)       is incorporated under a law of the Commonwealth or a law in force in a State or Territory;

(ii)       is a trading corporation, or a financial corporation, within the meaning of paragraph 51(20) of the Constitution; and

(iii)       is declared by the regulations to be a body corporate in relation to which the Act applies.

Regulation 4(a) of the Maternity Leave (Commonwealth Employees) Regulations (the Regulations) provides that, for the purposes of paragraph (a) of the definition of "prescribed authority", an authority that is specified in column 2 of Schedule 1 in an item in that Schedule is a body corporate.

Regulation 6 of the Regulations provides that for the purposes of paragraph 5(1)(b) of the Act, a person specified in column 2 of Schedule 3 in an item in that Schedule is a prescribed person.

As a consequence of various changes to the names or status of organisations or persons prescribed in the Schedules to the Regulations, it was necessary to amend the Regulations. A number of inclusions were also necessary.

Schedule 1 of the Regulations was amended by omitting references to a number of bodies which no longer exist and making alterations to reflect changes in the titles of other bodies. New entries were made to include a number of bodies not previously prescribed.

Schedule 3 of the Regulations was also amended by omitting entries in respect of persons where the relevant body either no longer existed or had undergone a change and was to be prescribed elsewhere or where the particular office no longer existed. The entry in respect of a Member of the Australian Federal Police was omitted as members of the Australian Federal Police are covered by the Act, while a new entry was required in respect of Member of the Immigration Review Tribunal (a new body).