Interpretation
3 Interpretation
In this Part, unless the contrary intention appears:
Aboriginal Corporation of the National Aboriginal Conference means the corporation of that name registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.
ACT office means:
an office or appointment specified in any of paragraphs (fc) to (fh) of subsection 3(4), as modified by regulations in force under the A.C.T. Self‑Government (Consequential Provisions) Act 1988; or
an office or appointment specified in subsection 73(1) of the Australian Capital Territory (Self‑Government) Act 1988.
allowance includes, but is not limited to, an annual allowance and a travelling allowance.
Australian Public Service Commissioner means the Australian Public Service Commissioner appointed under the Public Service Act 1999.
Commonwealth higher education institution means a higher education institution established by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory or the Northern Territory).
Departmental Secretary means a Secretary of a Department appointed under the Public Service Act 1999.
employing body, in relation to a principal executive office for which the Minister has, under section 3B, declared a person, authority or body to be the employing body, means that person, authority or body.
enactment has the same meaning as in section 3 of the Australian Capital Territory (Self‑Government) Act 1988.
executive education office means an office of the Vice‑Chancellor, or Deputy Vice‑Chancellor, of the Australian National University.
higher education institution means an institution that is a higher education institution within the meaning of the Employment, Education and Training Act 1988 (other than an institution declared by the regulations not to be a higher education institution for the purposes of this Act), and includes any other institution declared by the regulations to be a higher education institution for the purposes of this Act.
member means a member of the Tribunal and includes a person appointed temporarily in the place of a member under subsection 33(4) of the Acts Interpretation Act 1901‑1973.
office includes position.
President means President of the Tribunal and includes a member appointed under section 4A.
principal executive office means any of the following offices or appointments:
Managing Director of the Australian Postal Corporation;
Chief Executive Officer of Australian Rail Track Corporation Limited;
Director of Aviation Safety of the Civil Aviation Safety Authority;
Managing Director of the Export Finance and Insurance Corporation;
Governor of the Reserve Bank of Australia;
Deputy Governor of the Reserve Bank of Australia;
any other office or appointment declared by the Minister under subsection 3A(1) to be a principal executive office.
public office has the meaning given by subsection (4).
public statutory corporation means a corporation established for a public purpose by a law of the Commonwealth or a law of a Territory but does not include an institution of tertiary education or a corporation established for a public purpose by a law of the Australian Capital Territory.
Tribunal means the Tribunal established by subsection 4(1).
A reference in this Part to remuneration shall be read as including a reference to annual allowances.
A reference in this Part to an office includes a reference to an office that, within the meaning of the Australian Capital Territory (Self‑Government) Act 1988, is an office of member of the Assembly or Minister and any office in or in connection with that Assembly that can be held only by a member of that Assembly.
In this Part, a reference to a public office is a reference to:
an office established by, or an appointment made under, a law of the Commonwealth (other than this Act);
an office established by, or an appointment made under, a law of a Territory (other than an enactment), being an office or appointment, or an office or appointment included in a class of offices or appointments, specified by the Minister, by a notice in writing given to the President, to be an office or appointment or a class of offices or appointments to which this Part is to apply;
an appointment made by the Governor‑General or a Minister of State otherwise than under a law of the Commonwealth or a law of a Territory, being an appointment, or an appointment included in a class of appointments, specified by the Minister, by a notice in writing given to the President, to be an appointment or a class of appointments to which this Part is to apply;
an office or appointment in the service or employment of a public statutory corporation, being an office or appointment that is specified by the Minister, by a notice in writing given to the President, to be a senior office or senior appointment, as the case may be, in the service or employment of the corporation to which this Part is to apply;
an appointment as a director of an incorporated company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by the Commonwealth, being an appointment that is specified by the Minister, by a notice in writing given to the President, to be an appointment to which this Part is to apply;
an appointment as a director of an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth;
an office or appointment in the service or employment of an incorporated company referred to in paragraph (da) or (e), being an office or appointment that is specified by the Minister, by a notice in writing given to the President, to be a senior office or senior appointment, as the case may be, in the service or employment of the company to which this Part is to apply;
an office of member of the Aboriginal Corporation of the National Aboriginal Conference;
an executive education office;
an office or appointment, or an office or appointment included in a class of offices or appointments, prescribed by the regulations for the purposes of this paragraph;
but does not include a reference to any of the following offices or appointments:
the office of President of the Fair Work Commission;
an office of member of the Legislative Assembly, of member of the Council, or of Minister of the Territory, within the meaning of the Northern Territory (Self‑Government) Act 1978;
an office of Departmental Secretary;
an office or appointment the terms and conditions of which are fixed under the Trade Representatives Act 1933;
an office or appointment (other than the office of Director‑General of Security) in the Australian Security Intelligence Organisation;
the Chief Executive Centrelink (within the meaning of the Human Services (Centrelink) Act 1997);
the Chief Executive Medicare (within the meaning of the Human Services (Medicare) Act 1973);
the Child Support Registrar;
persons who are employed under section 42 of the Naval Defence Act 1910;
an office or appointment in the service or employment of a higher education institution;
an office or appointment in the Defence Force other than an appointment as:
Chief of the Defence Force; or
Vice Chief of the Defence Force; or
Chief of Navy; or
Chief of Army; or
Chief of Air Force;
a principal executive office;
an office or appointment in the Australian Federal Police other than an office or appointment that is specified by the Minister, by a notice in writing given to the President, to be a senior office or senior appointment, as the case may be, in the Australian Federal Police to which this Part is to apply;
except as provided by paragraph (d) or (f), an office or appointment in the service or employment of a public statutory corporation or of an incorporated company;
an office or appointment the remuneration in respect of which is required by law to be fixed by or in consultation with, or in accordance with arrangements made with, the Government of a State or of a country other than Australia;
an office or appointment, or an office or appointment included in a class of offices or appointments, prescribed by the regulations for the purposes of this paragraph.
A reference in this Part to the making of an appointment includes, unless the contrary intention appears, a reference to:
the making of a contract with a person for the performance of services by the person; and
the issuing of a Commission, or of another instrument (whether of a formal or informal nature), to a person appointing, authorizing or requesting him or her, either alone or together with another person or other persons, to hold an inquiry or perform other functions, duties or services;
and the person with whom such a contract is made or to whom such a Commission or other instrument is issued shall be deemed for the purposes of this Part to be the holder of an appointment.
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