Commonwealth Numbered Acts

SMALL SUPERANNUATION ACCOUNTS ACT 1995 No. 52, 1995 - SCHEDULE

                                  SCHEDULE                  Section

EMPLOYEES AND EMPLOYERS Basic definition 1. Subject to this Schedule, in this
Act, "employee" and "employer" have their ordinary meanings. However, for the
purposes of this Act, clauses 2 to 9:

   (a)  expand the meanings of those terms; and

   (b)  make particular provision to avoid doubt about the status of certain
        persons. Company directors 2. A person who is entitled to payment for
        the performance of duties as a member of the executive body (whether
        described as the board of directors or otherwise) of a body corporate
        is, in relation to those duties, an employee of the body corporate.
        Contract workers 3. If a person works under a contract that is wholly
        or principally for the labour of the person, the person is an employee
        of the other party to the contract. Members of the Parliament of the
        Commonwealth 4. A member of the Parliament of the Commonwealth is an
        employee of the Commonwealth. Members of the Parliament of a State 5.
        A member of the Parliament of a State is an employee of the State.
        Members of the ACT Legislative Assembly 6. A member of the Legislative
        Assembly for the Australian Capital Territory is an employee of the
        Australian Capital Territory. Members of the Northern Territory
        Legislative Assembly 7. A member of the Legislative Assembly of the
        Northern Territory is an employee of the Northern Territory.
        Performers and sportspersons etc. 8. For the purposes of this Act:

   (a)  a person who is paid to perform or present, or to participate in the
        performance or presentation of:

        (i)    any music, play, dance, entertainment, sport, display or
               promotional activity; or

        (ii)   any similar activity involving the exercise of intellectual,
               artistic, musical, physical or other personal skills; is an
               employee of the person liable to make the payment; and

   (b)  a person who is paid to provide services in connection with an
        activity referred to in paragraph (a) is an employee of the person
        liable to make the payment; and

   (c)  a person who is paid to perform services in, or in connection with,
        the making of any film, tape or disc or of any television or radio
        broadcast is an employee of the person liable to make the payment.
        Office holders etc. 9. A person who:

   (a)  holds, or performs the duties of, an appointment, office or position
        under the Constitution or under a law of the Commonwealth, of a State
        or of a Territory; or

   (b)  is otherwise in the service of the Commonwealth, of a State or of a
        Territory (including service as a member of the Defence Force or as a
        member of a police force); is an employee of the Commonwealth, the
        State or the Territory, as the case requires. However, this rule does
        not apply to a person in the capacity of a member of a local
        government council.