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Maternity Leave (Commonwealth Employees) Regulations 1982

Authoritative Version
  • - F2009C00532
  • In force - Superseded Version
  • View Series
SR 1982 No. 163 Regulations as amended, taking into account amendments up to SLI 2009 No. 167
Principal Regulations; Repeals the Maternity Leave (Australian Government Employees) Regulations
Administered by: Prime Minister and Cabinet
Registered 02 Jul 2009
Start Date 01 Jul 2009
End Date 20 Mar 2013
Table of contents.

Maternity Leave (Commonwealth Employees) Regulations 1982

Statutory Rules 1982 No. 163 as amended

made under the

This compilation was prepared on 1 July 2009
taking into account amendments up to SLI 2009 No. 167

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra


Contents

                        1      Name of Regulations [see Note 1]                                    3

                        2      Repeal of Maternity Leave (Australian Government Employees) Regulations  3

                        3      Interpretation                                                                   3

                        4      Prescribed authorities                                                      3

                        5      Unauthorised absence                                                     3

                        6      Persons to whom the Act applies                                     4

Schedule 1                  Prescribed Authorities — bodies corporate                    5

Schedule 2                  Prescribed authorities — unincorporated bodies           7

Schedule 2A               Prescribed authorities — companies                             8

Schedule 3                  Prescribed persons                                                        9

Notes                                                                                                          12

 


  

  

1              Name of Regulations [see Note 1]

                These Regulations are the Maternity Leave (Commonwealth Employees) Regulations 1982.

2              Repeal of Maternity Leave (Australian Government Employees) Regulations

                Statutory Rules 1974 No. 82 and Statutory Rules 1978 No. 107 are repealed.

3              Interpretation

                In these Regulations, the Act means the Maternity Leave (Commonwealth Employees) Act 1973.

4              Prescribed authorities

                For the purposes of the definition of prescribed authority in section 3 of the Act:

                (a)    a body corporate specified in column 2 of Schedule 1 in an item in that Schedule is declared to be a body corporate; and

               (b)    an unincorporated body specified in column 2 of Schedule 2 in an item in that Schedule is declared to be an unincorporated body; and

                (c)    a company specified in column 2 of an item in Schedule 2A is declared to be a body corporate;

in relation to which the Act applies.

5              Unauthorised absence

                For the purposes of subsection 3 (2) of the Act, an absence from duty by an employee, being an absence in respect of which leave has not been granted in pursuance of a law of the Commonwealth or of a Territory (other than the Northern Territory), or any instrument made or issued under such a law, that provides for terms and conditions of employment that are applicable to that employee is an unauthorized absence in relation to that employee.

6              Persons to whom the Act applies

         (1)   For the purposes of subparagraph 5 (1) (b) of the Act, the following persons are persons to whom the Act applies:

                (a)    a member or an employee of a body corporate referred to in column 2 of Schedule 1;

               (b)    a member or an employee of an unincorporated body referred to in column 2 of Schedule 2;

                (c)    subject to subregulation (2), an employee of a company referred to in column 2 of Schedule 2A;

               (d)    a person referred to in column 2 of Schedule 3.

         (2)   A reference in paragraph (1) (c) to an employee of a company does not include a reference to a person employed by ANL Limited under an industrial award binding on the Australian Shipping and Travel Officers Association.


Schedule 1        Prescribed Authorities — bodies corporate

paragraph 4 (a)

  

 

Column 1

Item

Column 2

Body corporate

1

Aboriginal Development Commission

2

Aboriginal Land Councils

2A

A.C.T. Institute of Technical and Further Education

3

Advisory Council for Inter-Government Relations

4

Albury-Wodonga Development Corporation

5

Australia Council

7

Australian Broadcasting Corporation

8

Australian Capital Territory Electricity and Water Authority

10

Australian Dairy Corporation

11

Australian Dried Fruits Corporation

12

Australian Film Commission

12A

Australian Fisheries Management Authority

13

Australian Honey Board

14

Australian Institute of Aboriginal Studies

15

Australian Institute of Criminology

16

Australian Institute of Marine Science

17

Australian Institute of Multicultural Affairs

18

Australian Maritime College

18A

Australian Meat and Live-stock Corporation

19

Australian National Gallery

20

Australian National Railways Commission

20A

Australian Nuclear Science and Technology Organisation

21

Australian Overseas Projects Corporation

22

Australian Postal Commission

23

Australian Sports Drug Agency

25

Australian Tobacco Board

26

Australian Tourist Commission

26A

Australian Trade Commission

27

Australian Trade Union Training Authority

27A

Board of Health

28

Canberra Institute of the Arts

29

Canberra Theatre Trust

30

Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees

31

Commonwealth Scientific and Industrial Research Organization

33

Export Finance and Insurance Corporation

34

Housing Loans Insurance Corporation

34A

Insurance and Superannuation Commission

35

Law Reform Commission

36

Legal Aid Commission (A.C.T.)

38

Milk Authority of the Australian Capital Territory

40A

National Exhibition Centre Trust

40B

National Occupational Health and Safety Commission

41

National Standards Commission

43

Parliament House Construction Authority

44

Pipeline Authority

46

Snowy Mountains Hydro-electric Authority

47

The Australian Film and Television School

48

The Trustees of the Canberra Public Cemetery

49

The Trustees of the Services Canteens Trust Fund


 

Schedule 2        Prescribed authorities — unincorporated bodies

paragraph 4 (b)

  

 

Column 1

Item

Column 2

Unincorporated body

1

High Court of Australia

2

Institute of Family Studies


 

Schedule 2A      Prescribed authorities — companies

paragraph 4 (c)

  

 

Column 1

Item

Column 2

Name of company

1

ANL Limited

3

Australian Defence Industries Limited


 

Schedule 3        Prescribed persons

(paragraph 6 (1) (d))

  

 

Column 1

Item

Column 2

Person

1

Full-time member of the Administrative Appeals Tribunal

2

Auditor-General for the Commonwealth

2A

Member of the Australian Competition and Consumer Commission

3

Australian Statistician

4

Electoral Commissioner

5

Deputy Electoral Commissioner

6

Australian Electoral Officer for a State

7

Full-time member of the Australian Film Commission

8

A person employed in the Australian Security Intelligence Organization

9

Chairman of the Australian Science and Technology Council

10

Full-time Deputy Chairman of the Australian Science and Technology Council

11

Managing Director of the Army and Air Force Canteen Service Board of Management

12

A person employed by the Army and Air Force Canteen Service Board of Management

13

Member of the Australian Broadcasting Tribunal

14

Executive Director of the Special Broadcasting Service

15

Full-time member of the Commonwealth Grants Commission

16A

Staff member of the Australian Federal Police

19

Commissioner of the Australian Industrial Relations Commission

19A

Member of Fair Work Australia

21

Member of the Courts-Martial Appeal Tribunal

22

Magistrate exercising the jurisdiction of the Court of Petty Sessions in the Australian Capital Territory

24

Member of the Censorship Board

25

Supervising Scientist for the Alligator Rivers Region

26

Fire Commissioner of the Australian Capital Territory Fire Brigade

27

Member of the Australian Capital Territory Fire Brigade

28

Chairman of the Great Barrier Reef Marine Park Authority

29

Member of the Immigration Review Tribunal

30

Commissioner of the Productivity Commission

31

Associate Commissioner of the Productivity Commission

34

Solicitor-General of the Commonwealth

35

Life Insurance Commissioner

36

Director-General of the National Library of Australia

37

Director of National Parks and Wildlife

38

A person employed in a civil capacity under the Naval Defence Act 1910

39

Administrator of Norfolk Island

40

Administrator of the Northern Territory of Australia

41

Director-General of the Office of National Assessments

42

Commonwealth Ombudsman

43

Deputy Commonwealth Ombudsman

44

First Parliamentary Counsel

45

Second Parliamentary Counsel

49

Commissioner for Community Relations

50

Member of the Repatriation Commission

53

A person to whom a commission has been issued under the  Royal Commissions Act 1902

55

Full-time member of the Commonwealth Schools Commission

57

Chairman of the Superannuation Fund Investment Trust

58

A person employed under section 10 of the Supply and Development Act 1939

59

Commissioner of Taxation

60

Second Commissioner of Taxation

61

Full-time Commissioner of the Commonwealth Tertiary Education Commission

62

Trade Commissioner

63

Assistant Trade Commissioner

65

Executive member of the Export Development Grants Board

66

A person employed at a non-official post office, including a telephone office keeper and a non-official post mistress

67

A person employed under Part III or IV of the Members of Parliament (Staff) Act 1984


Notes to the Maternity Leave (Commonwealth Employees) Regulations 1982

Note 1

The Maternity Leave (Commonwealth Employees) Regulations 1982 (in force under the Maternity Leave (Commonwealth Employees) Act 1973) as shown in this compilation comprise Statutory Rules 1982 No. 163 amended as indicated in the Tables below.

The Maternity Leave (Commonwealth Employees) Regulations 1982 were amended by the Snowy Mountains Engineering Corporation Limited Sale Act 1993 (Act No. 54, 1993). The amendment is incorporated in this compilation. For application, saving or transitional provisions relating to the amendment see subsection 8 (2) of the Act.

The Maternity Leave (Commonwealth Employees) Regulations 1982 were amended by the CSL Sale Act 1993 (Act No. 88, 1993). The amendment is incorporated in this compilation. For application, saving or transitional provisions relating to the amendment see subsection 12 (2) of the Act.

The Maternity Leave (Commonwealth Employees) Regulations 1982 were amended by the ANL Sale Act 1995 (Act No. 136, 1995). The ANL Sale Act 1995 was repealed by section 79 of that Act before it came into operation.

The Maternity Leave (Commonwealth Employees) Regulations 1982 were amended by the Telstra (Transition to Full Private Ownership) Act 2005 (Act No. 118, 2005) and commenced on the designated day declared under section 3 of the Act. The designated day was declared to be 24 November 2006, see F2006L03997. The amendment is incorporated in this compilation.

For all relevant information pertaining to application, saving and transitional provisions see Table A.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1982 No. 163

5 July 1982

5 July 1982

 

1983 No. 216

6 Oct 1983

6 Oct 1983

1984 No. 220

31 Aug 1984

1 Sept 1984

1984 No. 235

13 Sept 1984

13 Sept 1984

1984 No. 434

19 Dec 1984

19 Dec 1984

1985 No. 366

20 Dec 1985

20 Dec 1985

1985 No. 382

20 Dec 1985

6 Jan 1986

1987 No. 210

2 Oct 1987

2 Oct 1987

1987 No. 326

22 Dec 1987

1 Jan 1988

1988 No. 28

10 Mar 1988

10 Mar 1988

1988 No. 358

21 Dec 1988

1 Apr 1989 (see r. 1 and Gazette 1989, No. S92)

1989 No. 130

21 June 1989

1 Mar 1989

1989 No. 148

30 June 1989

1 July 1989

1989 No. 241

15 Sept 1989

15 Sept 1989

1990 No. 383

6 Dec 1990

6 Dec 1990

R. 3 [see Table A]

1990 No. 473

9 Jan 1991

9 Jan 1991

1991 No. 223

5 July 1991

1 Apr 1991

1991 No. 326

29 Oct 1991

29 Oct 1991

1992 No. 10

31 Jan 1992

3 Feb 1992

1992 No. 57

5 Mar 1992

5 Mar 1992

1992 No. 137

9 June 1992

9 June 1992

1995 No. 329

3 Nov 1995

6 Nov 1995 (see r. 1 and Gazette 1995, No. S423)

1998 No. 113

27 May 1998

27 May 1998

R. 4 [see Table A]

2005 No. 207

19 Sept 2005 (see F2005L02673)

1 Oct 2005 (see r. 2)

2009 No. 167

30 June 2009 (see F2009L02565)

1 July 2009

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1..........................................

rs. 2005 No. 207

 

R. 4..........................................

am. 1988 No. 358; 1989 Nos. 148 and 241

 

R. 6..........................................

am. 1989 Nos. 148 and 241

 

 

rs. 1992 No. 57

 

Schedule 1

 

 

Schedule 1.............................

am. 1983 No. 216; 1984 Nos. 235 and 434; 1985 Nos. 366 and 382; 1987 Nos. 210 and 326; 1988 No. 28; 1989 No. 148; 1991 Nos. 223 and 326; 1992 Nos. 10 and 137; 2005 No. 207

 

Schedule 2A

 

 

Schedule 2A..........................

ad. 1989 No. 241

 

 

am. 1990 No. 383; 1991 No. 223; 1992 No. 137; Acts Nos. 54 and 88, 1993; Act No. 118, 2005

 

Schedule 3

 

 

Heading to Schedule 3........

rs. 2009 No. 167

 

Schedule 3.............................

am. 1984 Nos. 220 and 235; 1985 No. 366; 1989 Nos. 130, 148 and 241; 1990 No. 473; 1991 No. 326; 1992 No. 57; 1995 No. 329; 1998 No. 113 ; 2009
No. 167

 

Table A                  Application, saving or transitional provisions

Statutory Rules 1990 No. 383

3              Application

                The amendment made by subregulation 2.1 has effect in relation to Australian Defence Industries Ltd. as if the Maternity Leave (Commonwealth Employees) Regulations as amended by these Regulations had effect on and from 3 May 1989.

 

Statutory Rules 1998 No. 113

4              Application of amendment

        4.1   The amendment made by regulation 3 has effect from the commencement of the Productivity Commission Act 1998.

The Productivity Commission Act 1998 commenced on 16 April 1998.