Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''declared employee'' means an employee in respect of whom a redeployment
declaration is in force;

''Department'' means-

   (a)  a Department of the Australian Public Service; or

   (b)  a branch or part of the Australian Public Service in relation to which
        a person has, under an Act, the powers of, or exercisable by, the
        Permanent Head of a Department of the Australian Public Service as if
        that branch or part of that Service were a separate Department;

''employee'' means a person to whom, and in relation to whom, this Act applies
by virtue of section 5;

''Permanent Head'' means-

   (a)  in relation to a Department of the Australian Public Service-the
        person who, under the Public Service Act 1922, holds, or is performing
        the duties of, the office of Permanent Head of that Department; and

   (b)  in relation to a branch or part of the Australian Public Service
referred to in paragraph (b) of the definition of ''Department''-the person
who has the powers of, or exercisable by, the Permanent Head of a Department
of the Australian Public Service so far as those powers relate to that branch
or part of that Service as if that branch or part of that Service were a
separate Department;

''prescribed Commonwealth authority'' means an authority or other body that is
declared by the regulations to be a prescribed Commonwealth authority for the
purposes of this Act, being-

   (a)  a body corporate incorporated, whether before or after the
        commencement of this Act, for a public purpose by an Act, regulations
        made under an Act or a law of a Territory (other than the Northern
        Territory), being a body employing staff on its own behalf;

   (b)  an authority or body, not being a body corporate, established, whether
        before or after the commencement of this Act, for a public purpose by,
        or in accordance with the provisions of, an Act, regulations made
        under an Act or a law of a Territory (other than the Northern
        Territory), being an authority or body employing staff on its own
        behalf;

   (c)  a company or other body corporate incorporated, whether before or
        after the commencement of this Act, under a law of a State or
        Territory, being a body corporate in which the Commonwealth has a
        controlling interest; or

   (d)  an authority or body established, whether before or after the
        commencement of this Act, and whether by, or in accordance with the
        provisions of, an Act, regulations made under an Act or a law of a
        Territory (other than the Northern Territory) or otherwise, and
        whether a body corporate or not, being an authority or body which is
        financed in whole or in substantial part, either directly or
        indirectly, by moneys provided by the Commonwealth and employs staff
        on its own behalf;

''redeployment declaration'' means an instrument under section 9, or a
declaration made by a Tribunal under sub-section 15 (6), declaring an employee
to be eligible for redeployment in accordance with Part II;

''Tribunal'' means a Commonwealth Employees Redeployment and Retirement
Appeals Tribunal established under section 16.

(2) A reference in this Act to employment, in relation to an employee, shall
be read as a reference to employment in the Australian Public Service or
employment by a prescribed Commonwealth authority, whichever is appropriate in
the case of the employee.

(3) Regulations shall not be made for the purposes of the definition of
''prescribed Commonwealth authority'' in sub-section (1), being regulations
that declare an authority or other body to be a prescribed Commonwealth
authority for the purposes of this Act, unless the authority or other body has
informed the Minister, in writing, that it consents to its being so declared.