10Meaning of employment in Government Service

10 Meaning of employment in Government Service

(1) Subject to this section, a person shall, for the purposes of this Act, be taken to be employed in Government Service if the person is employed by the Commonwealth, whether he or she is so employed under a law or under a contract of service or apprenticeship and whether he or she is employed in a full‑time or in a part‑time capacity. (2) Without limiting by implication the generality of subsection (1), but subject to this section, a person: (a) who constitutes, or is acting as the person constituting, a public authority of the Commonwealth; or (b) is, or is acting as, a member of such an authority or is a deputy of such a member; shall, for the purposes of this Act, be deemed to be employed in Government Service, and his or her employment shall, for those purposes, be deemed to be constituted by the performance of the duties of the authority, his or her duties as such a member or person acting as such a member or his or her duties as such a deputy, as the case may be. (2A) For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (within the meaning of the Australian Federal Police Act 1979) is taken to be employed in Government Service. (3) Subject to subsection (4), this Act does not apply to a person in respect of any period during which he or she held or holds office as a Judge as defined by section 4 of the Judges’ Pensions Act 1968. (4) If a person appointed as a Judge as defined by section 4 of the Judges’ Pensions Act 1968 was, immediately before his or her appointment, a person to whom this Act, an Act repealed by this Act or sections 73 and 74 of the Public Service Act 1922 applied, the person may, within 3 months after his or her appointment as a Judge or, if he or she was appointed as such a Judge before the commencement of this Act, within 3 months after the commencement of this Act, elect, by notice in writing to the Attorney‑General, that subsection (3) shall not apply to him or her and this Act shall then be deemed to have applied, or to apply, to and in relation to him or her in respect of any period during which he or she held or holds the appointment as if the performance of the duties of the appointment constituted employment in Government Service. (6) Notwithstanding anything contained in subsection (1) or (2), a person: (a) who is employed by the Commonwealth in a particular capacity and remunerated, in respect of his or her employment in that capacity, by fees, allowances or commission; (aa) appointed: (i) to constitute, or act as the person constituting, a public authority of the Commonwealth; or (ii) to be, or to act as, a member of such an authority or to be a deputy of such a member; who is remunerated, in respect of his or her performance of the duties of that appointment, by fees, allowances or commission; (ab) who is the holder of a principal executive office within the meaning of the Remuneration Tribunal Act 1973 (other than a principal executive office prescribed for the purposes of this paragraph); (b) who is a member of the Defence Force; (c) who is employed by the Commonwealth in an honorary capacity; (d) who is employed in the Public Service of a Territory, in the ACT teaching service or in the Teaching Service of the Northern Territory; (e) who is temporarily transferred to the service of the Commonwealth from the service of a State or an authority of a State, or whose services are temporarily loaned to the Commonwealth by a State or an authority of a State; (ea) who is temporarily transferred to the service of the Commonwealth from the service of the Australian Capital Territory or an authority of that Territory, or whose services are temporarily loaned to the Commonwealth by that Territory or an authority of that Territory; (f) who holds an office or is employed under the Reserve Bank Act 1959 or the Commonwealth Banks Act 1959; or (g) who is, after the commencement of this Act, appointed or engaged for employment outside Australia only; shall not be taken, by reason only of his or her being such a person, to be employed in Government Service for the purposes of this Act. (7) This section applies in relation to employment before the commencement of this Act in like manner as it applies in relation to employment after the commencement of this Act.