Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person's employment under this Act terminates if an event specified in the table occurs and the person is the kind of employee specified for the event.
Events that terminate employment | ||
Item | Event | Kind of employees whose employment terminates |
1 | The employing individual dies | Electorate employees and personal employees |
2 | The employing individual ceases to be a parliamentarian | Electorate employees and personal employees |
3 | The employing individual ceases to hold a relevant office and on the same day: (a) starts to hold another relevant office; or (b) starts to be covered by a determination made under section 4 | Personal employees |
4 | The employing individual ceases to hold a relevant office and does not do one of the following on the same day: (a) start to hold another relevant office; (b) start to be covered by a determination made under section 4 | Electorate employees and personal employees |
5 | The employing individual ceases to be covered by a determination made under section 4 (whether or not the employing individual starts to be covered on the same day by another such determination) | Personal employees |
Note 1: The employing individual is the parliamentarian or office - holder who employed the person on behalf of the Commonwealth (see the definition of employing individual in section 3).
Note 2: The effect of this subsection may be altered by a direction under section 15.
(2) For the purposes of table item 2 in subsection (1), a person is taken not to have ceased to be a parliamentarian at any time while remuneration is to be paid to the person in accordance with section 49 of the Parliamentary Business Resources Act 2017 .
(3) For the purposes of table items 3 and 4 in subsection (1), a person ceases to hold the office of Minister at the time the person ceases to be appointed to administer any Departments (even if the person is immediately after that time appointed to administer one or more Departments).
Example: If a person is appointed to administer 2 Departments and then ceases to be appointed to administer one of those Departments, the person will not cease to hold the office of Minister. However, if the person ceases to be appointed to administer both Departments, the person ceases to be a Minister even if the person is immediately appointed to administer another Department.
(4) For the purposes of the table in subsection (1), the Prime Minister may, by legislative instrument, determine any of the following:
(a) circumstances, not inconsistent with subsection (2), in which an event specified in table item 2 is taken to occur, or taken not to occur;
(b) circumstances, not inconsistent with subsection (3), in which an event specified in table item 3 or 4 is taken to occur, or taken not to occur.
Subsection (1) has effect in accordance with the determination.
(5) If more than one event specified in the table in subsection (1) occurs at the same time, the event listed first in the table is the only event that is taken to have occurred.