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MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) ACT 1973 - SECT 5

Persons in relation to whom Act applies

  (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.



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