Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 9

9. (1) A reference in this Act to an employee is a reference to a person who
is employed by the Commonwealth or by a Commonwealth authority, whether the
person is so employed under a law of the Commonwealth or of a Territory or
under a contract of service or apprenticeship.

(2) Without limiting the generality of subsection (1):

   (a)  a member or staff member of the Australian Federal Police; or

   (b)  a member of the Defence Force; or

   (c)  a person (other than a person to whom subsection (3) applies) who is
        the holder of or is acting in:

        (i)    an office established by a law of the Commonwealth, other than
               an office that is declared by the Minister, by notice in
               writing, to be an office in relation to which this Act does not
               apply; or

        (ii)   an office that is established by a law of a Territory (other
               than the Northern Territory or Norfolk Island) and is declared
               by the Minister, by notice in writing, to be an office in
               relation to which this Act applies; is, for the purposes of
               this Act, to be taken to be employed by the Commonwealth, and
               the person's employment is, for those purposes, to be taken to
               be constituted by the person's performance of duties as such a
               member or staff member of the Australian Federal Police or
               member of the Defence Force or the duties of that office, as
               the case may be.

(3) A person who:

   (a)  constitutes, or is acting as the person constituting, a Commonwealth
        authority; or

   (b)  is, or is acting as, a member of such an authority; or

   (c)  is, or is acting as, a member of a body established, by or under the
        Act establishing such an authority, for a purpose associated with the
        performance of the functions of the authority; or

   (d)  is a deputy of a member referred to in paragraph (b) or (c); is, for
        the purposes of this Act, to be taken to be employed by that
        authority, and the person's employment is, for those purposes, to be
        taken to be constituted by the performance of:

   (e)  the duties of the authority; or

   (f)  the person's duties as such a member or acting member; or

   (g)  the person's duties as such a deputy; as the case may be.

(4) This Act does not apply in relation to an officer or employee of the
Public Service of an external Territory.

(5) The Minister may, by notice in writing, declare:

   (a)  that a person who is included in a class of persons specified in the
        notice, being a class of persons who engage in activities or perform
        acts:

        (i)    at the request or direction, for the benefit, or under a
               requirement made by or under a law, of the Commonwealth; or

        (ii)   at the request or direction, or for the benefit, of a
               Commonwealth authority; is, for the purposes of this Act, to be
               taken to be employed by the Commonwealth, or by that authority,
               as the case may be; and

   (b)  that the employment of the person is, for those purposes, to be taken
        to be constituted by the performance by the person of such acts as are
        specified in the notice; and such a declaration has effect
        accordingly.

(6) A notice in writing under paragraph (2) (c) or subsection (5) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.