Commonwealth Consolidated Acts

NAVAL DEFENCE ACT 1910 - SECT 42A

             (1)  The authorized person may, by instrument in writing, determine the terms and conditions (including rates of pay and allowances) applicable to the employment of persons under section 42.

             (3)  A determination takes effect from the date on which it is made or, if it is expressed to take effect from another date specified in the determination, from that other date.

             (4)  A determination:

                     (b)  shall not be expressed to take effect from a date before the date on which the determination is made in any case where, if it so took effect:

                              (i)  the rights of a person (other than the Commonwealth) existing at the date on which it is made would be affected in a manner prejudicial to that person; or

                             (ii)  liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date on which it is made;

and where, in a determination, provision is made in contravention of this subsection, that provision is void and of no effect.

             (5)  A determination may make provision for or in relation to terms or conditions of employment by applying, adopting or incorporating, with or without modification:

                     (a)  the provisions of any Act, or of any regulations, 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.

             (7)  Nothing in this section affects the application of the Fair Work Act 2009 in relation to persons employed under the last preceding section.