Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may make determinations in writing, not inconsistent with this Act, providing for and in relation to the terms and conditions of appointment of relevant persons.
(2) Without limiting the generality of subsection (1), a determination may make provision for and in relation to:
(a) the remuneration of relevant persons;
(b) the payment of allowances and other pecuniary benefits, not being allowances or benefits by way of remuneration, to and in respect of relevant persons;
(c) the payment of allowances and other pecuniary benefits to and in respect of members of the families of relevant persons;
(d) leave of absence and long service leave of relevant persons; and
(e) the provision of other benefits to and in respect of relevant persons and to and in respect of members of the families of relevant persons.
(3) Determinations may be made either generally or with respect to a particular case or a particular class of cases.
(4) A determination may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification:
(a) a provision of any Act or any regulation made under an Act, or of any determination made under this section or section 24 of the Public Service Act 1999 , as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect.
(5) A determination takes effect:
(a) on the day on which it is made; or
(b) in a case where another day (which may be a day earlier than the day on which it is made) is specified for the purpose in the determination--on the day so specified.
(6) A determination shall not be expressed to take effect on a day earlier than the day on which it is made in any case where, if the determination so took effect:
(a) the rights of a person (other than the Commonwealth) existing immediately before the last‑mentioned day would be affected in a manner prejudicial to the person; or
(b) liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before that last‑mentioned day, and where, in a determination, any provision is made in contravention of this subsection, the provision is void and of no effect.
(7) The determinations made in each calendar year (including determinations amending or revoking other determinations) shall be numbered in regular arithmetic series, beginning with the number 1, as nearly as possible in the order in which they are made.
(8) A determination may, without prejudice to any other manner of citation, be cited by reference to its number and the calendar year in which it was made.
(9) The Minister shall cause to be published in the Gazette, in respect of each determination, notice of:
(a) the fact that the determination has been made; and
(b) the place or places where copies of the determination can be obtained.
(10) A reference in this section to a member of the family of a relevant person includes a reference to a member of the household, and a dependant of, a relevant person.
(11) For the purposes of this section, the members of a person's family are taken to include the following (without limitation):
(a) a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901 );
(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;
(c) anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family.
(12) In this section:
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
(a) a Trade Representative; or
(b) an officer appointed under section 10.
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