(1) Subject to this section, this Act applies to and in relation to:
(a) a person who is employed by the Commonwealth under the Public Service Act 1999 ; and
(b) such other persons employed by the Commonwealth, and such persons employed by a prescribed authority, whether so employed under a law of the Commonwealth or of a Territory (other than an enactment as defined by section 3 of the Australian Capital Territory (Self - Government) Act 1988 or a law of the Northern Territory) or under a contract of service or apprenticeship, as are prescribed.
(2) Without limiting by implication the generality of subsection ( 1), but subject to subsection ( 3):
(a) a member of the Australian Federal Police;
(b) a person who is the holder of an office that is established by a law of the Commonwealth or of a Territory (other than an enactment as defined by section 3 of the Australian Capital Territory (Self - Government) Act 1988 or a law of the Northern Territory); and
(c) a person who constitutes, or is a member of, a prescribed authority;
shall, for the purposes of this Act, be deemed to be employed by the Commonwealth.
(3) This Act does not apply to or in relation to:
(a) a member of the Parliament or a Minister of State;
(aa) a person who holds an office defined by section 73 of the Australian Capital Territory (Self - Government) Act 1988 or an office established by or under an enactment as defined by section 3 of that Act;
(b) a person who is a Judge as defined by section 4 of the Judges' Pensions Act 1968 ;
(ba) a person who is a Judge of the Federal Circuit and Family Court of Australia (Division 2);
(c) a member of the Defence Force;
(d) persons appointed or engaged for employment outside Australia only;
(e) a person who is not entitled, as a condition of her employment, to leave of absence, with pay, on account of illness; or
(f) a person remunerated by fees, allowances or commission only.