Commonwealth Consolidated Acts

MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) ACT 1973 - SECT 5

             (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 Federal Magistrate;

                     (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.