Commonwealth Consolidated Acts

SMALL SUPERANNUATION ACCOUNTS ACT 1995 - SCHEDULE Employees

Section   4  

1   Basic definition

    Subject to this Schedule, in this Act, employee and employer have their ordinary meanings. However, for the purposes of this Act, clauses   2 to 9:

  (a)   expand the meanings of those terms; and

  (b)   make particular provision to avoid doubt about the status of certain persons.

2   Company directors

    A person who is entitled to payment for the performance of duties as a member of the executive body (whether described as the board of directors or otherwise) of a body corporate is, in relation to those duties, an employee of the body corporate.

3   Contract workers

    If a person works under a contract that is wholly or principally for the labour of the person, the person is an employee of the other party to the contract.

4   Members of the Parliament of the Commonwealth

    A member of the Parliament of the Commonwealth is an employee of the Commonwealth.

5   Members of the Parliament of a State

    A member of the Parliament of a State is an employee of the State.

6   Members of the ACT Legislative Assembly

    A member of the Legislative Assembly for the Australian Capital Territory is an employee of the Australian Capital Territory.

7   Members of the Northern Territory Legislative Assembly

    A member of the Legislative Assembly of the Northern Territory is an employee of the Northern Territory.

8   Performers and sportspersons etc.

    For the purposes of this Act:

  (a)   a person who is paid to perform or present, or to participate in the performance or presentation of:

  (i)   any music, play, dance, entertainment, sport, display or promotional activity; or

  (ii)   any similar activity involving the exercise of intellectual, artistic, musical, physical or other personal skills;

    is an employee of the person liable to make the payment; and

  (b)   a person who is paid to provide services in connection with an activity referred to in paragraph   (a) is an employee of the person liable to make the payment; and

  (c)   a person who is paid to perform services in, or in connection with, the making of any film, tape or disc or of any television or radio broadcast is an employee of the person liable to make the payment.

9   Office holders etc.

    A person who:

  (a)   holds, or performs the duties of, an appointment, office or position under the Constitution or under a law of the Commonwealth, of a State or of a Territory; or

  (b)   is otherwise in the service of the Commonwealth, of a State or of a Territory (including service as a member of the Defence Force or as a member of a police force);

is an employee of the Commonwealth, the State or the Territory, as the case requires. However, this rule does not apply to a person in the capacity of a member of a local government council.