Federal Register of Legislation - Australian Government

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Regulations as amended, taking into account amendments up to Maternity Leave (Commonwealth Employees) Amendment (ASIC) Regulations 2019
Administered by: Prime Minister and Cabinet
Registered 25 Jul 2019
Start Date 01 Jul 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Maternity Leave (Commonwealth Employees) Regulations 2017

made under the

Maternity Leave (Commonwealth Employees) Act 1973

Compilation No. 2

Compilation date:                              1 July 2019

Includes amendments up to:            F2019L00942

Registered:                                         25 July 2019

 

About this compilation

This compilation

This is a compilation of the Maternity Leave (Commonwealth Employees) Regulations 2017 that shows the text of the law as amended and in force on 1 July 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

6............ Prescribed authorities—bodies corporate...................................................................... 1

7............ Prescribed authorities—unincorporated bodies............................................................. 1

8............ Unauthorised absence.................................................................................................... 2

9............ Persons to whom the Act applies.................................................................................. 2

Schedule 1—Persons to whom the Act applies                                                           3

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       8


1  Name

                   This instrument is the Maternity Leave (Commonwealth Employees) Regulations 2017.

3  Authority

                   This instrument is made under the Maternity Leave (Commonwealth Employees) Act 1973.

5  Definitions

                   In this instrument:

Act means the Maternity Leave (Commonwealth Employees) Act 1973.

6  Prescribed authorities—bodies corporate

                   For the purposes of paragraph (a) of the definition of prescribed authority in subsection 3(1) of the Act, each of the following is declared to be a body corporate in relation to which the Act applies:

                     (a)  the Anindilyakwa Land Council;

                     (b)  the Australia Council;

                     (c)  the Australian Broadcasting Corporation;

                     (d)  the Australian Film, Television and Radio School;

                     (e)  the Australian Institute of Marine Science;

                      (f)  the Australian Nuclear Science and Technology Organisation;

                     (g)  the Australian Postal Corporation;

                    (ga)  the Australian Securities and Investments Commission;

                     (h)  the Central Land Council;

                      (i)  the Commonwealth Scientific and Industrial Research Organisation;

                      (j)  the Export Finance and Insurance Corporation;

                     (k)  the National Gallery of Australia;

                      (l)  the Northern Land Council;

                    (m)  the Tiwi Land Council;

                     (n)  the Wreck Bay Aboriginal Community Council;

                     (o)  Tourism Australia.

7  Prescribed authorities—unincorporated bodies

                   For the purposes of paragraph (b) of the definition of prescribed authority in subsection 3(1) of the Act, each of the following is declared to be an unincorporated body in relation to which the Act applies:

                     (a)  the Australian Institute of Criminology;

                     (b)  the Australian Law Reform Commission;

                     (c)  the High Court of Australia.

8  Unauthorised absence

                   For the purposes of subsection 3(2) of the Act, an absence from duty by an employee is an unauthorised absence in relation to that employee if leave for the absence has not been granted in accordance with:

                     (a)  a law of the Commonwealth or a Territory (other than the Northern Territory); or

                     (b)  an instrument made under such a law;

that provides for terms and conditions of employment that are applicable to that employee.

9  Persons to whom the Act applies

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

                     (a)  an employee of a body corporate referred to in section 6;

                     (b)  an employee of an unincorporated body referred to in section 7;

                     (c)  a member of:

                              (i)  a body corporate referred to in section 6; or

                             (ii)  an unincorporated body referred to in section 7;

                            who is deemed to be employed by the Commonwealth under paragraph 5(2)(c) of the Act;

                     (d)  a person referred to in Schedule 1.


Schedule 1Persons to whom the Act applies

Note:       See paragraph 9(d).

  

 

Item

Person

1

Supervising Scientist for the Alligator Rivers Region

2

Full‑time member (within the meaning of the Administrative Appeals Tribunal Act 1975) of the Administrative Appeals Tribunal

3

Auditor‑General for the Commonwealth

4

Australian Statistician

5

AFP employee (within the meaning of the Australian Federal Police Act 1979)

6

ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979)

7

Chief Executive Officer of the Australian Trade and Investment Commission

8

Full‑time member (within the meaning of the Commonwealth Grants Commission Act 1973) of the Commonwealth Grants Commission

9

Electoral officer (within the meaning of Part II of the Commonwealth Electoral Act 1918)

10

Person appointed under section 7 of the Competition and Consumer Act 2010

11

Member (within the meaning of the Defence Force Discipline Appeals Act 1955) of the Defence Force Discipline Appeal Tribunal

12

FWC Member (within the meaning of the Fair Work Act 2009)

13

Person employed under section 13 of the Governor‑General Act 1974

14

Chairperson of the Great Barrier Reef Marine Park Authority

15

Person employed under section 33 of the Intelligence Services Act 2001

16

Solicitor‑General of the Commonwealth

17

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

18

Director‑General of the National Library of Australia

19

Administrator of Norfolk Island

20

Administrator of the Northern Territory

21

Director‑General of the Office of National Assessments

22

Commonwealth Ombudsman

23

Deputy Commonwealth Ombudsman

24

First Parliamentary Counsel

25

Second Parliamentary Counsel

26

Member (within the meaning of the Productivity Commission Act 1998) of the Productivity Commission

27

Race Discrimination Commissioner

28

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

29

Member (within the meaning of the Safety, Rehabilitation and Compensation Act 1988) of the Safety, Rehabilitation and Compensation Commission

30

Member (within the meaning of the Screen Australia Act 2008) of Screen Australia

31

Managing Director of the Special Broadcasting Service Corporation

32

Commissioner of Taxation

33

Second Commissioner of Taxation

34

Commissioner (within the meaning of the Veterans’ Entitlements Act 1986) of the Repatriation Commission

35

Person employed under section 38A of the Intelligence Services Act 2001


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Maternity Leave (Commonwealth Employees) Regulations 2017

7 Nov 2017 (F2017L01450)

8 Nov 2017 (s 2(1) item 1)

 

Maternity Leave (Commonwealth Employees) Amendment Regulations 2018

30 May 2018 (F2018L00679)

1 July 2018 (s 2(1) item 1)

Maternity Leave (Commonwealth Employees) Amendment (ASIC) Regulations 2019

1 July 2019 (F2019L00942)

Sch 1: 1 July 2019 (s 2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 4.............................................

rep LA s 48C

s 6.............................................

am F2019L00942

Schedule 1

 

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

am F2018L00679

Schedule 2................................

rep LA s 48C