5Persons in relation to whom Act applies

5 Persons in relation to whom Act applies

(1) Subject to this section, this Act applies to and in relation to: (a) a person who is employed by the Commonwealth under the Public Service Act 1999; and (b) such other persons employed by the Commonwealth, and such persons employed by a prescribed authority, whether so employed under a law of the Commonwealth or of a Territory (other than an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988 or a law of the Northern Territory) or under a contract of service or apprenticeship, as are prescribed. (2) Without limiting by implication the generality of subsection (1), but subject to subsection (3): (a) a member of the Australian Federal Police; (b) a person who is the holder of an office that is established by a law of the Commonwealth or of a Territory (other than an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988 or a law of the Northern Territory); and (c) a person who constitutes, or is a member of, a prescribed authority; shall, for the purposes of this Act, be deemed to be employed by the Commonwealth. (3) This Act does not apply to or in relation to: (a) a member of the Parliament or a Minister of State; (aa) a person who holds an office defined by section 73 of the Australian Capital Territory (Self‑Government) Act 1988 or an office established by or under an enactment as defined by section 3 of that Act; (b) a person who is a Judge as defined by section 4 of the Judges’ Pensions Act 1968; (ba) a person who is a Judge of the Federal Circuit and Family Court of Australia (Division 2); (c) a member of the Defence Force; (d) persons appointed or engaged for employment outside Australia only; (e) a person who is not entitled, as a condition of her employment, to leave of absence, with pay, on account of illness; or (f) a person remunerated by fees, allowances or commission only.