UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 [Note: This Act is "repealed" by Act No. 71 of 1988]
(#DATE 31:01:1983)
- Reprinted as at 31 January 1983
*1* The United States Naval Communication Station (Civilian Employees) Act
1971 as shown in this reprint comprises Act No. 49, 1971 amended as indicated
in the Tables below.
(The citation "United States Naval Communication Station (Civilian
Employees) Act 1971" is provided for by the Amendments Incorporation Act 1905
and the Acts
Citation Act 1976.)
Table of Acts
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
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United States Naval
Communication
Station (Civilian
Employees) Act 1971 49, 1971 25 May
1971 Parts I and II
(ss. 1-8): Royal
Assent Part III
(ss. 9-12): 1
Sept 1971 (see s.
2 (2) and
Gazette 1971, p.
5496)
United States Naval
Communication
Station (Civilian
Employees) Act 1972 123, 1972 2 Nov
1972 2 Nov 1972
(see s. 2) -
Statute Law
Revision Act 1973 216, 1973 19 Dec
1973 31 Dec 1973 Ss. 9 (1)
and 10
Compensation
(Australian
Government
Employees) Act 1974 92, 1974 16 Nov
1974 16 Nov 1974 -
United States Naval
Communication
Station (Civilian
Employees)
Amendment Act 1976 167, 1976 10 Dec
1976 1 Sept 1976 -
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Table of Amendments
ad. E added or inserted am. E amended rep. E repealed
rs. E repealed and substituted
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Provision affected How affected
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S. 3. . . . . . . . . rep. No. 216, 1973
Heading to Part III . rs. No. 167, 1976
S. 9. . . . . . . . . am. No. 167, 1976
Ss. 11, 12. . . . . . am. No. 167, 1976
The Schedule. . . . . am. No. 123, 1972; No. 216, 1973; No. 92, 1974;
No. 167, 1976
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UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 -
TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
PART II-AMENDMENTS OF THE UNITED STATES NAVAL
COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1968
4. Citation
5-8. Amendments of the United States Naval Communication Station
(Civilian Employees) Act 1968
PART III-APPLICATION OF THE COMPENSATION (COMMONWEALTH
GOVERNMENT EMPLOYEES) ACT 1971
9. Interpretation
10. Persons to whom this Part applies
11. Application of Compensation (Commonwealth Government Employees) Act
topersons to whom this Act applies
12. Liability of Commonwealth independently of Compensation
(Commonwealth Government Employees) Act
THE SCHEDULE
Modifications of Compensation (Commonwealth Government Employees) Act
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - LONG
TITLE
SECT
An Act to provide Rights in respect of the Injury, Disease or Death, or the
Loss or Destruction of, or Damage to, certain Property, of certain Civilian
Employees employed in connexion with the United States Naval Communication
Station in Australia
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - PART
I
PART I-PRELIMINARY
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - SECT
1
Short title
SECT
1. This Act may be cited as the United States Naval Communication Station
(Civilian Employees) Act 1971.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - SECT
2
Commencement
SECT
2. (1) Parts I and II of this Act shall come into operation on the day on
which this Act receives the Royal Assent but the amendments made by Part II
shall be deemed to have taken effect on the twenty-fourth day of June, One
thousand nine hundred and sixty-eight.
(2) Part III of this Act shall come into operation on the date fixed under
sub-section (2) of section 2 of the Compensation (Commonwealth Employees) Act
1971.*2*
*2*S. 2-Now cited as the Compensation (Commonwealth Government Employees) Act
1971.
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - PART
II
PART II-AMENDMENTS OF THE UNITED STATES NAVAL COMMUNICATION STATION
(CIVILIAN EMPLOYEES) ACT 1968
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - SECT
4
Citation
SECT
4. (1) The United States Naval Communication Station (Civilian Employees)
Act 1968 is in this Part referred to as the Principal Act.
(2) The Principal Act, as amended by this Part, may be cited as the United
States Naval Communication Station (Civilian Employees) Act 1968-1971 .
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - SECT
5-8
Amendments of the United States Naval Communication Station (Civilian
Employees) Act 1968
SECT
5-8.*3* * * * * * * *
*3* Ss. 5-8-The amendments made by sections 5-8 have been incorporated in the
reprint of the United States Naval Communication Station (Civilian Employees)
Act 1968 which is published separately.
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - PART
III
PART III-APPLICATION OF THE COMPENSATION (COMMONWEALTH GOVERNMENT
EMPLOYEES) ACT 1971
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - SECT
9
Interpretation
SECT
9. (1) In this Part-
"the Compensation (Commonwealth Government Employees) Act" means the
Compensation (Commonwealth Government Employees) Act 1971;
"the Station" means the United States Naval Communication Station in
Australia referred to in the United States Naval Communication Station
Agreement Act 1963.
(2) For the purposes of this Part, a person who is employed by an
instrumentality of the Government of the United States of America shall be
deemed to be employed by the Government of the United States of America.
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - SECT
10
Persons to whom this Part applies
SECT
10. This Part applies to a person (other than a member of the naval,
military or air forces of the United States of America) who is employed by the
Government of the United States of America in or in connexion with the
establishment, maintenance or operation of the Station and-
(a) is not a citizen, and is not a national, of the United States of
America; or
(b) is a citizen, or is a national, of the United States of America
but is employed by the Government of the United States of America in
accordance with, or by reference to, terms and conditions of employment agreed
upon between the Government of the United States of America and any
organization registered pursuant to the Conciliation and Arbitration Act
1904-1970 or any trade union or other body registered under the Industrial
Arbitration Act, 1912-1968, of the State of Western Australia, or that Act as
amended and in force for the time being.
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - SECT
11
Application of Compensation (Commonwealth Government Employees) Act to
persons to whom this Act applies
SECT
11. (1) Subject to the next succeeding sub-section, the Compensation
(Commonwealth Government Employees) Act applies to and in relation to a person
to whom this Part applies as if he were an employee for the purposes of that
Act.
(2) In the application by virtue of the last preceding sub-section of the
Compensation (Commonwealth Government Employees) Act to and in relation to a
person to whom this Part applies, that Act has effect as if it were modified
in the manner set out in the Schedule to this Act.
UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 - SECT
12
Liability of Commonwealth independently of Compensation (Commonwealth
Government Employees) Act
SECT
12. (1) Where-
(a) personal injury is caused to a person to whom this Part applies, or
property used by a person to whom this Part applies is lost, destroyed or
damaged, or a person to whom this Part applies contracts a disease or suffers
an aggravation, acceleration or recurrence of a disease;
(b) section 27, 28 or 29 of the Compensation (Commonwealth
Government Employees) Act, in its application to and in relation to that
person by virtue of the last preceding section, applies, subject to that act,
in relation to the injury, loss, destruction, damage, disease or aggravation,
acceleration or recurrence of the disease; and
(c) if the person to whom this Part applies, and all other persons
(including members of the naval, military or air forces of the United States
of America) employed by the Government of the United States of America in or
in connexion with the establishment, maintenance or operation of the Station,
had, at all relevant times, been employed by the Commonwealth instead of by
the Government of the United States of America, he, or, in the event of his
death as a result of the injury or disease, another person, would have been
entitled, independently of the Compensation (Commonwealth Government
Employees) Act, to recover from the Commonwealth damages in respect of his
injury, disease or death, or in respect of the loss or destruction of, or
damage to, property used by him, as the case may be,
he or that other person may, subject to this section, recover like
damages from the Commonwealth.
(2) Where, in respect of an injury or disease, or an aggravation,
acceleration or recurrence of a disease, suffered by a person, in respect of
the death of a person or in respect of loss or destruction of, or damage to,
property used by a person, that person or another person is, under the last
preceding sub-section, entitled to recover damages from the Commonwealth, the
Commonwealth has, in respect of any claim for those damages, in any suit
brought to recover those damages and in respect of any damages paid by it in
consequence of such a claim or suit, the same rights (including any right to
recover the whole or a part of the damages from another person) as if the
first-mentioned person, and all other persons (including members of the naval,
military or air forces of the United States of America) employed by the
Government of the United States of America in or in connexion with the
establishment, maintenance or operation of the Station, had at all relevant
times been employed by the Commonwealth instead of by the Government of the
United States of America.
(3) This section, in its application to a person to whom this Part applies,
shall not be construed as affecting the operation of section 99 or 100 of the
Compensation (Commonwealth Government Employees) Act in the application of
that Act, by virtue of the last preceding section, to and in relation to that
person.
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UNITED STATES NAVAL COMMUNICATION STATION (CIVILIAN EMPLOYEES) ACT 1971 -
SCHEDULE 1
SCH
THE SCHEDULE
Section 11
MODIFICATIONS OF COMPENSATION (COMMONWEALTH
GOVERNMENT EMPLOYEES)ACT
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Provision modified Modification
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Section 5 (7) . . . . After ''the Commonwealth'', insert ''or the
Government of the United States of America''.
Section 7 . . . . . . After sub-section (6), insert the following sub-
section:
''(6A) This Act applies to and in relation to a
person to whom Part III of the United States Naval
Communication Station (Civilian Employees) Act1971
applies.''.
Section 8 (1) to (5). After ''the Commonwealth'' (wherever occurring),
insert ''or the Government of the United States of
America''.
Section 25. . . . . . After ''by the Commonwealth'' (wherever occurring),
insert ''or the Government of the United States of
America''.
Section 27 (1). . . . After ''by the Commonwealth'', insert ''or the
Governmentof the United States of America''.
Section 28 (1). . . . After ''by the Commonwealth'', insert ''or the
Governmentof the United States of America''.
Section 29. . . . . . After ''by the Commonwealth'' (wherever occurring),
insert ''or the Government of the United States of
America''.
Section 30. . . . . . After ''the Commonwealth'' (wherever occurring),
insert ''or the Government of the United States of
America''.
Section 31 (1) and
(2) . . . . . . . . . After ''the Commonwealth'', insert ''or the
Government of the United States of America''.
Section 32. . . . . . After ''the Commonwealth'' (wherever occurring),
insert ''or the Government of the United States of
America''.
Section 33 (1). . . . After ''the Commonwealth'' (wherever occurring),
insert ''or the Government of the United States of
America''.
Section 34 (1), (2)
and (3) . . . . . . . After ''the Commonwealth'' (wherever occurring),
insert ''or the Government of the United States of
America''.
Section 36 (2) and
(3) . . . . . . . . . After ''the Commonwealth'', insert ''or the
Government of the United States of America''.
Section 45 (2B) . . . After ''the Commonwealth'' (wherever occurring),
insert ''or the Government of the United States of
America''.
Section 45 (7) (b). . After ''the Commonwealth'' (first occurring) insert
''or by the Government of the United States of
America''.
Section 46 (3) (b). . After ''the Commonwealth'' (first occurring) insert
''or by the Government of the United States of
America''.
Section 52 (1) and
(3) . . . . . . . . . After ''the Commonwealth'' (wherever occurring),
insert ''or the Government of the United States of
America''.
Section 52 (4). . . . After ''by the Commonwealth'', insert ''or the
Governmentof the United States of America''.
Section 52 (4) (d). . After ''the Commonwealth'' (first occurring), insert
''or by the Government of the United States of
America''.
Section 53. . . . . . At the end of the section, add the following sub-
section:
''(5) A notice referred to in any of the last four
preceding sub-sections, being a notice in relation
to a person to whom Part III of the United States
Naval Communication Station (Civilian Employees) Act
1971 applies, shall be deemed to have been served on
the Commonwealth if-
(a) it was sent by post in a registered letter
properly addressed to theCivil Commissioner
appointed under Article 6 of the Agreement dated the
ninth day of May, One thousand nine hundred and
sixty- three, between the Government of the
Commonwealth of Australia and the Government of the
United States ofAmerica, a copy of which is set out
in the Schedule to the United States Naval
Communication Station Agreement Act 1963;
(b) it was delivered to the above-mentioned Civil
Commissioner; or
(c) it was delivered to the person in charge of
the work on which the employee was engaged at the
time of the injury, loss or damage or at the time
when the employee became aware of the contraction of
the disease or of the commencement of the
aggravation or acceleration of the disease or of the
recurrence of the disease.''.
Section 54. . . . . . At the end of the section, add the following sub-
section:
''(7) A claim referred to in any of the preceding
sub-sections of this section, being a claim in
relation to a person to whom Part III of the United
States Naval Communication Station (Civilian
Employees) Act 1971 applies, shall be deemed to have
been served on the Commissioner if it was sent or
delivered in the manner provided, in relation to
notices, in paragraph (a), paragraph (b) or
paragraph (c) of sub-section (5) of the last
preceding section to the person referred to in that
paragraph.''.
Section 57 (2). . . . After ''the Commonwealth,'', insert ''the Government
of the United States of America,''.
Section 103 (1) . . . (a) After ''means a determination,'', insert
''industrial agreement,''.
(b) After paragraph (a), insert the following
paragraph:
''(aa) an industrial agreement relating to the
terms and conditions of employment by the Government
of the United States of America of persons to whom
Part III of the United States Naval Communication
Station (Civilian Employees) Act 1971 applies;''.
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