[pic] Maternity Leave (Commonwealth Employees) Regulations 1982 Statutory Rules 1982 No. 163 as amended made under the Maternity Leave (Commonwealth Employees) Act 1973 This compilation was prepared on 1 July 2009 taking into account amendments up to SLI 2009 No. 167 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Name of Regulations [see Note 1] 3 2 Repeal of Maternity Leave (Australian Government Employees) Regulations 3 3 Interpretation 3 4 Prescribed authorities 3 5 Unauthorised absence 3 6 Persons to whom the Act applies 4 Schedule 1 Prescribed Authorities - bodies corporate 5 Schedule 2 Prescribed authorities - unincorporated bodies 7 Schedule 2A Prescribed authorities - companies 8 Schedule 3 Prescribed persons 9 Notes 12 1 Name of Regulations [see Note 1] These Regulations are the Maternity Leave (Commonwealth Employees) Regulations 1982. 2 Repeal of Maternity Leave (Australian Government Employees) Regulations Statutory Rules 1974 No. 82 and Statutory Rules 1978 No. 107 are repealed. 3 Interpretation In these Regulations, the Act means the Maternity Leave (Commonwealth Employees) Act 1973. 4 Prescribed authorities For the purposes of the definition of prescribed authority in section 3 of the Act: (a) a body corporate specified in column 2 of Schedule 1 in an item in that Schedule is declared to be a body corporate; and (b) an unincorporated body specified in column 2 of Schedule 2 in an item in that Schedule is declared to be an unincorporated body; and (c) a company specified in column 2 of an item in Schedule 2A is declared to be a body corporate; in relation to which the Act applies. 5 Unauthorised absence For the purposes of subsection 3 (2) of the Act, and absence from duty by an employee, being an absence in respect of which leave has not been granted in pursuance of a law of the Commonwealth or of a Territory (other than the Northern Territory), or any instrument made or issued under such a law, that provides for terms and conditions of employment that are applicable to that employee is an unauthorized absence in relation to that employee. 6 Persons to whom the Act applies (1) For the purposes of subparagraph 5 (1) (b) of the Act, the following persons are persons to whom the Act applies: (a) a member or an employee of a body corporate referred to in column 2 of Schedule 1; (b) a member or an employee of an unincorporated body referred to in column 2 of Schedule 2; (c) subject to subregulation (2), an employee of a company referred to in column 2 of Schedule 2A; (d) a person referred to in column 2 of Schedule 3. (2) A reference in paragraph (1) (c) to an employee of a company does not include a reference to a person employed by ANL Limited under an industrial award binding on the Australian Shipping and Travel Officers Association. Schedule 1 Prescribed Authorities - bodies corporate paragraph 4 (a) |Column 1 |Column 2 | |Item |Body corporate | |1 |Aboriginal Development Commission | |2 |Aboriginal Land Councils | |2A |A.C.T. Institute of Technical and Further | | |Education | |3 |Advisory Council for Inter-Government Relations| |4 |Albury-Wodonga Development Corporation | |5 |Australia Council | |7 |Australian Broadcasting Corporation | |8 |Australian Capital Territory Electricity and | | |Water Authority | |10 |Australian Dairy Corporation | |11 |Australian Dried Fruits Corporation | |12 |Australian Film Commission | |12A |Australian Fisheries Management Authority | |13 |Australian Honey Board | |14 |Australian Institute of Aboriginal Studies | |15 |Australian Institute of Criminology | |16 |Australian Institute of Marine Science | |17 |Australian Institute of Multicultural Affairs | |18 |Australian Maritime College | |18A |Australian Meat and Live-stock Corporation | |19 |Australian National Gallery | |20 |Australian National Railways Commission | |20A |Australian Nuclear Science and Technology | | |Organisation | |21 |Australian Overseas Projects Corporation | |22 |Australian Postal Commission | |23 |Australian Sports Drug Agency | |25 |Australian Tobacco Board | |26 |Australian Tourist Commission | |26A |Australian Trade Commission | |27 |Australian Trade Union Training Authority | |27A |Board of Health | |28 |Canberra Institute of the Arts | |29 |Canberra Theatre Trust | |30 |Commission for the Safety, Rehabilitation and | | |Compensation of Commonwealth Employees | |31 |Commonwealth Scientific and Industrial Research| | |Organization | |33 |Export Finance and Insurance Corporation | |34 |Housing Loans Insurance Corporation | |34A |Insurance and Superannuation Commission | |35 |Law Reform Commission | |36 |Legal Aid Commission (A.C.T.) | |38 |Milk Authority of the Australian Capital | | |Territory | |40A |National Exhibition Centre Trust | |40B |National Occupational Health and Safety | | |Commission | |41 |National Standards Commission | |43 |Parliament House Construction Authority | |44 |Pipeline Authority | |46 |Snowy Mountains Hydro-electric Authority | |47 |The Australian Film and Television School | |48 |The Trustees of the Canberra Public Cemetery | |49 |The Trustees of the Services Canteens Trust | | |Fund | Schedule 2 Prescribed authorities - unincorporated bodies paragraph 4 (b) |Column 1 |Column 2 | |Item |Unincorporated body | |1 |High Court of Australia | |2 |Institute of Family Studies| Schedule 2A Prescribed authorities - companies paragraph 4 (c) |Column 1 |Column 2 | |Item |Name of company | |1 |ANL Limited | |3 |Australian Defence | | |Industries Limited | Schedule 3 Prescribed persons (paragraph 6 (1) (d)) |Column 1 |Column 2 | |Item |Person | |1 |Full-time member of the Administrative Appeals | | |Tribunal | |2 |Auditor-General for the Commonwealth | |2A |Member of the Australian Competition and | | |Consumer Commission | |3 |Australian Statistician | |4 |Electoral Commissioner | |5 |Deputy Electoral Commissioner | |6 |Australian Electoral Officer for a State | |7 |Full-time member of the Australian Film | | |Commission | |8 |A person employed in the Australian Security | | |Intelligence Organization | |9 |Chairman of the Australian Science and | | |Technology Council | |10 |Full-time Deputy Chairman of the Australian | | |Science and Technology Council | |11 |Managing Director of the Army and Air Force | | |Canteen Service Board of Management | |12 |A person employed by the Army and Air Force | | |Canteen Service Board of Management | |13 |Member of the Australian Broadcasting Tribunal | |14 |Executive Director of the Special Broadcasting | | |Service | |15 |Full-time member of the Commonwealth Grants | | |Commission | |16A |Staff member of the Australian Federal Police | |19 |Commissioner of the Australian Industrial | | |Relations Commission | |19A |Member of Fair Work Australia | |21 |Member of the Courts-Martial Appeal Tribunal | |22 |Magistrate exercising the jurisdiction of the | | |Court of Petty Sessions in the Australian | | |Capital Territory | |24 |Member of the Censorship Board | |25 |Supervising Scientist for the Alligator Rivers | | |Region | |26 |Fire Commissioner of the Australian Capital | | |Territory Fire Brigade | |27 |Member of the Australian Capital Territory Fire| | |Brigade | |28 |Chairman of the Great Barrier Reef Marine Park | | |Authority | |29 |Member of the Immigration Review Tribunal | |30 |Commissioner of the Productivity Commission | |31 |Associate Commissioner of the Productivity | | |Commission | |34 |Solicitor-General of the Commonwealth | |35 |Life Insurance Commissioner | |36 |Director-General of the National Library of | | |Australia | |37 |Director of National Parks and Wildlife | |38 |A person employed in a civil capacity under the| | |Naval Defence Act 1910 | |39 |Administrator of Norfolk Island | |40 |Administrator of the Northern Territory of | | |Australia | |41 |Director-General of the Office of National | | |Assessments | |42 |Commonwealth Ombudsman | |43 |Deputy Commonwealth Ombudsman | |44 |First Parliamentary Counsel | |45 |Second Parliamentary Counsel | |49 |Commissioner for Community Relations | |50 |Member of the Repatriation Commission | |53 |A person to whom a commission has been issued | | |under the Royal Commissions Act 1902 | |55 |Full-time member of the Commonwealth Schools | | |Commission | |57 |Chairman of the Superannuation Fund Investment | | |Trust | |58 |A person employed under section 10 of the | | |Supply and Development Act 1939 | |59 |Commissioner of Taxation | |60 |Second Commissioner of Taxation | |61 |Full-time Commissioner of the Commonwealth | | |Tertiary Education Commission | |62 |Trade Commissioner | |63 |Assistant Trade Commissioner | |65 |Executive member of the Export Development | | |Grants Board | |66 |A person employed at a non-official post | | |office, including a telephone office keeper and| | |a non-official post mistress | |67 |A person employed under Part III or IV of the | | |Members of Parliament (Staff) Act 1984 | Notes to the Maternity Leave (Commonwealth Employees) Regulations 1982 Note 1 The Maternity Leave (Commonwealth Employees) Regulations 1982 (in force under the Maternity Leave (Commonwealth Employees) Act 1973) as shown in this compilation comprise Statutory Rules 1982 No. 163 amended as indicated in the Tables below. The Maternity Leave (Commonwealth Employees) Regulations 1982 were amended by the Snowy Mountains Engineering Corporation Limited Sale Act 1993 (Act No. 54, 1993). The amendment is incorporated in this compilation. For application, saving or transitional provisions relating to the amendment see subsection 8 (2) of the Act. The Maternity Leave (Commonwealth Employees) Regulations 1982 were amended by the CSL Sale Act 1993 (Act No. 88, 1993). The amendment is incorporated in this compilation. For application, saving or transitional provisions relating to the amendment see subsection 12 (2) of the Act. The Maternity Leave (Commonwealth Employees) Regulations 1982 were amended by the ANL Sale Act 1995 (Act No. 136, 1995). The ANL Sale Act 1995 was repealed by section 79 of that Act before it came into operation. The Maternity Leave (Commonwealth Employees) Regulations 1982 were amended by the Telstra (Transition to Full Private Ownership) Act 2005 (Act No. 118, 2005) and commenced on the designated day declared under section 3 of the Act. The designated day was declared to be 24 November 2006, see F2006L03997. The amendment is incorporated in this compilation. For all relevant information pertaining to application, saving and transitional provisions see Table A. Table of Instruments |Year and |Date of |Date of |Application,| |number |notification |commencement |saving or | | | | |transitional| | |in Gazette or| |provisions | | |FRLI | | | | |registration | | | |1982 No. 163|5 July 1982 |5 July 1982 | | |1983 No. 216|6 Oct 1983 |6 Oct 1983 |- | |1984 No. 220|31 Aug 1984 |1 Sept 1984 |- | |1984 No. 235|13 Sept 1984 |13 Sept 1984 |- | |1984 No. 434|19 Dec 1984 |19 Dec 1984 |- | |1985 No. 366|20 Dec 1985 |20 Dec 1985 |- | |1985 No. 382|20 Dec 1985 |6 Jan 1986 |- | |1987 No. 210|2 Oct 1987 |2 Oct 1987 |- | |1987 No. 326|22 Dec 1987 |1 Jan 1988 |- | |1988 No. 28 |10 Mar 1988 |10 Mar 1988 |- | |1988 No. 358|21 Dec 1988 |1 Apr 1989 (see |- | | | |r. 1 and Gazette| | | | |1989, No. S92) | | |1989 No. 130|21 June 1989 |1 Mar 1989 |- | |1989 No. 148|30 June 1989 |1 July 1989 |- | |1989 No. 241|15 Sept 1989 |15 Sept 1989 |- | |1990 No. 383|6 Dec 1990 |6 Dec 1990 |R. 3 [see | | | | |Table A] | |1990 No. 473|9 Jan 1991 |9 Jan 1991 |- | |1991 No. 223|5 July 1991 |1 Apr 1991 |- | |1991 No. 326|29 Oct 1991 |29 Oct 1991 |- | |1992 No. 10 |31 Jan 1992 |3 Feb 1992 |- | |1992 No. 57 |5 Mar 1992 |5 Mar 1992 |- | |1992 No. 137|9 June 1992 |9 June 1992 |- | |1995 No. 329|3 Nov 1995 |6 Nov 1995 (see |- | | | |r. 1 and Gazette| | | | |1995, No. S423) | | |1998 No. 113|27 May 1998 |27 May 1998 |R. 4 [see | | | | |Table A] | |2005 No. 207|19 Sept 2005 |1 Oct 2005 (see |- | | |(see |r. 2) | | | |F2005L02673) | | | |2009 No. 167|30 June 2009 |1 July 2009 |- | | |(see | | | | |F2009L02565) | | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected |How affected | |R. 1 |rs. 2005 No. 207 | |R. 4 |am. 1988 No. 358; 1989 Nos. 148 and | | |241 | |R. 6 |am. 1989 Nos. 148 and 241 | | |rs. 1992 No. 57 | |Schedule 1 | | |Schedule 1 |am. 1983 No. 216; 1984 Nos. 235 and | | |434; 1985 Nos. 366 and 382; 1987 Nos.| | |210 and 326; 1988 No. 28; 1989 No. | | |148; 1991 Nos. 223 and 326; 1992 Nos.| | |10 and 137; 2005 No. 207 | |Schedule 2A | | |Schedule 2A |ad. 1989 No. 241 | | |am. 1990 No. 383; 1991 No. 223; 1992 | | |No. 137; Acts Nos. 54 and 88, 1993; | | |Act No. 118, 2005 | |Schedule 3 | | |Heading to Schedule|rs. 2009 No. 167 | |3 | | |Schedule 3 |am. 1984 Nos. 220 and 235; 1985 No. | | |366; 1989 Nos. 130, 148 and 241; 1990| | |No. 473; 1991 No. 326; 1992 No. 57; | | |1995 No. 329; 1998 No. 113 ; 2009 | | |No. 167 | Table A Application, saving or transitional provisions Statutory Rules 1990 No. 383 3 Application The amendment made by subregulation 2.1 has effect in relation to Australian Defence Industries Ltd. as if the Maternity Leave (Commonwealth Employees) Regulations as amended by these Regulations had effect on and from 3 May 1989. Statutory Rules 1998 No. 113 4 Application of amendment 4.1 The amendment made by regulation 3 has effect from the commencement of the Productivity Commission Act 1998. The Productivity Commission Act 1998 commenced on 16 April 1998.