Part I
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
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Direct links to the current provisions in Naval Defence Act 1910.
This Act may be cited as the Naval Defence Act 1910.
In this Act, unless the contrary intention appears:
member means an officer or sailor.
naval establishment includes any naval college, naval instructional establishment, ship, vessel or boat used for services auxiliary to naval defence, and any dock, shipyard, foundry, machine shop, work, office, or establishment, used in connexion with naval defence.
officer means a person appointed as an officer of the Navy, and includes a subordinate officer.
regulations means regulations relating to the Navy, whether made under this Act or the Defence Act.
sailor means a member of the Navy not being an officer.
subordinate officer means a person who holds the rank in the Navy of Acting Sub‑Lieutenant, Midshipman or Cadet Midshipman.
the Defence Act means the Defence Act 1903.
time of defence emergency, time of war and war have the same meanings respectively as in the Defence Act.
This Act extends to every Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Nothing in this Act shall be taken as an appropriation of any public moneys.
The Australian Navy consists of 2 parts: (a) the Permanent Navy; and (b) the Naval Reserve.
The Permanent Navy consists of: (a) officers appointed to, and sailors enlisted in, the Permanent Navy; and (b) officers and sailors transferred to the Permanent Navy from: (i) the Naval Reserve; or (ii) the Australian Army; or (iii) the Australian Air Force.
The Naval Reserve consists of: (a) officers appointed to, and sailors enlisted in, the Naval Reserve; and (b) officers and sailors transferred to the Naval Reserve from: (i) the Permanent Navy; or (ii) the Australian Army; or (iii) the Australian Air Force.
Except as provided by Part IV of the Defence Act, the Navy shall be kept up by the appointment to the Navy, or the enlistment in the Navy, of persons who volunteer and are accepted for service in the Navy.
Members of the Permanent Navy are bound to render continuous full time naval service.
General determinations (1) The Chief of Navy may determine, in writing: (a) a class of persons who are members of the Permanent Navy who may render flexible service instead of continuous full time naval service; and (b) a period of service, or pattern of service, that constitutes that flexible service.
Note: A person may choose not to apply to render flexible service even if the person is in a class of persons in relation to whom a determination is made under this subsection.
Application to render flexible service (2) A person who is a member of the Permanent Navy may, in writing, apply to the Chief of Navy to render flexible service instead of continuous full time naval service (whether or not the person is in a class of persons covered by a determination made under subsection (1)). Approving and refusing application to render flexible service (3) The Chief of Navy may determine, in writing: (a) that a person who has applied under subsection (2) to render flexible service may render that service; and (b) the period of service, or pattern of service, that constitutes that flexible service; and (c) the period during which the determination is in force.
Note: The determination may be varied or revoked (see subsections (7), (9) and (10)).
(4) Without limiting subsection (3), if a person is in a class of persons covered by a determination made under subsection (1), the Chief of Navy may: (a) still refuse the person’s application; or (b) determine under subsection (3) a different period of service, or pattern of service, from the period or pattern determined under subsection (1); but only if the Chief of Navy is satisfied that it is appropriate to do so because of operational or other requirements of the Permanent Navy. Flexible service taken to be continuous full time naval service for certain purposes (5) A person rendering flexible service in accordance with a determination under subsection (3) is taken to be rendering continuous full time naval service for the purposes of the following: (a) section 120B of the Defence Act 1903; (b) the Defence Force Discipline Act 1982; (c) the Defence Force Retirement and Death Benefits Act 1973; (d) the Military Superannuation and Benefits Act 1991; (e) a determination made for the purposes of section 58B or 58H of the Defence Act 1903; (f) any instrument made for the purposes of a provision or Act referred to in any of paragraphs (a) to (d); (g) any other Act, instrument or provision prescribed by the regulations. Determination may deal with the treatment of flexible service (6) Without limiting subsection (1) or (3), a determination under that subsection in relation to a person or class of persons may deal with: (a) the treatment of flexible service (including how remuneration and allowances are to be treated) for the person or persons in that class; and (b) whether, when the person or persons in that class are rendering flexible service, the person or persons are fulfilling their obligation to render continuous full time naval service under section 31. Varying or revoking determinations—Chief of Navy (7) The Chief of Navy may, at any time, vary or revoke a determination under subsection (1) or (3). (8) A determination under subsection (3) in relation to a person is taken to be revoked if: (a) the person is appointed to a position under section 179, 188FB, 188FL, 188GF or 188GP of the Defence Force Discipline Act 1982; or (b) the person ceases to be a member of the Permanent Navy; or (c) the person is in a class of persons covered by a determination made under subsection (1) that is revoked. Revoking determinations—directions by Chief of the Defence Force (9) The Chief of the Defence Force may at any time direct, in writing, the Chief of Navy to revoke a determination under subsection (3) if the Chief of the Defence Force is satisfied that it is appropriate to do so because of operational or other requirements of the Defence Force. (10) The Chief of Navy must comply with a direction given under subsection (9). Status of determinations (11) A determination under subsection (1) or (3), and a direction under subsection (9), are not legislative instruments.
(1) A member of the Naval Reserve is not bound to render continuous full time naval service otherwise than: (a) as provided in this section; or (b) as a result of a call out order under section 50D, 51A, 51AA, 51AB, 51B, 51C or 51CA of the Defence Act. (2) The regulations must set, or provide for the setting of, training periods for the Naval Reserve.
Note: Different training periods may be set for different parts of the Naval Reserve or for different classes of members of the Naval Reserve: see subsection 33(3A) of the Acts Interpretation Act 1901.
(2A) A member of the Naval Reserve is bound to render, in each training period, naval service (other than continuous full time naval service) for such periods as are set by or under the regulations. However, a member may be exempted by or under the regulations from the obligation to render all, or a specified part, of that service.
Note: Different service may be required of different parts of the Naval Reserve, or of different classes of members of the Naval Reserve, or in different periods: see subsection 33(3A) of the Acts Interpretation Act 1901.
(2B) The regulations: (a) may make provision for different periods of naval service with respect to different parts, or different classes of members, of the Australian Naval Reserve; and (b) may make provision for exempting: (i) a particular member of the Australian Naval Reserve; or (ii) members within a specified class of members of the Australian Naval Reserve; from the obligation to render, during a training period, the whole or part of the naval service that he or they would otherwise be bound to render during that period. (3) A member of the Naval Reserve may, at any time, voluntarily undertake to render continuous full time naval service for a period specified by him and, if that undertaking is accepted, he is bound to render that form of service for that specified period, or for such period or periods within that specified period, as the Chief of Navy directs. (4) A member of the Naval Reserve may at any time voluntarily undertake to render naval service, other than continuous full time naval service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render naval service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the Chief of Navy directs.
Members of the Navy may be required to serve either within or beyond the territorial limits of Australia.
(1) The body known immediately before the commencement of this subsection as the Naval Reserve Cadets is continued in existence with the new name, Australian Navy Cadets. Constitution of the Australian Navy Cadets (2) The Australian Navy Cadets consists of: (a) persons appointed in accordance with the regulations to be officers in that body; (b) persons appointed in accordance with the regulations to be instructors in that body; and (c) subject to subsections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body. Relationship to the Navy (3) A person appointed to be an officer or instructor in the Australian Navy Cadets does not become a member of the Navy by virtue of that appointment. (4) A cadet in the Australian Navy Cadets is not a member of the Navy. Age requirements for cadets (5) A person is not entitled to volunteer, or to be accepted, as a cadet unless he or she: (a) has attained such age as is prescribed; and (b) has not attained the age of 20 years. (6) A person ceases to be a cadet when he or she attains the age of 21 years or such lower age as is prescribed. Regulations about the Australian Navy Cadets (7) The regulations may make provision for or in relation to the organization, maintenance, regulation, control and discipline of the Australian Navy Cadets and, in particular, for and in relation to: (a) the periods and conditions of service of members, other than conditions of service with respect to which determinations under section 58B of the Defence Act may be made; and (b) the promotion of members. (8) In subsection (7), member means an officer, instructor or cadet in the Australian Navy Cadets.
(1) Subject to the regulations, to any determinations in force under section 58B of the Defence Act, to any directions of the Minister and to any directions of the Chief of the Defence Force, the Chief of Navy is to administer the Australian Navy Cadets. (2) A direction of the Chief of the Defence Force under subsection (1) is subject to, and must be in accordance with, any directions of the Minister.
(1) In this Part, unless the contrary intention appears:
authorized person means a person appointed by the Minister in writing to be an authorized person for the purposes of this Part.
Commonwealth authority means a company or other body corporate incorporated under a law of the Commonwealth or of a State or Territory, being a company or body corporate in which the Commonwealth has a controlling interest.
determination means a determination made under section 42A.
National Employment Standards has the meaning given by the Fair Work Act 2009.
The authorized person may, on behalf of the Commonwealth, engage persons for employment in a civil capacity (whether within or without Australia) in or in connexion with a naval establishment or otherwise in connexion with the Navy.
(1) The authorized person may, by instrument in writing, determine the terms and conditions (including rates of pay and allowances) applicable to the employment of persons under section 42. (3) A determination takes effect from the date on which it is made or, if it is expressed to take effect from another date specified in the determination, from that other date. (4) A determination: (b) shall not be expressed to take effect from a date before the date on which the determination is made in any case where, if it so took effect: (i) the rights of a person (other than the Commonwealth) existing at the date on which it is made would be affected in a manner prejudicial to that person; or (ii) liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date on which it is made; and where, in a determination, provision is made in contravention of this subsection, that provision is void and of no effect. (5) A determination may make provision for or in relation to terms or conditions of employment by applying, adopting or incorporating, with or without modification: (a) the provisions of any Act, or of any regulations, as in force at a particular time or as in force from time to time; or (b) any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect. (7) Nothing in this section affects the application of the Fair Work Act 2009 in relation to persons employed under the last preceding section.
(1) Subject to the next succeeding subsection, the Public Service Act 1999 does not apply to persons employed under section 42 of this Act. (2) Section 75 of the Public Service Act 1999 applies in relation to a person employed under section 42 of this Act as if he were an APS employee, within the meaning of that Act, employed in the Department.
(1) Where the Minister certifies in writing that a function that has been performed by persons employed under section 42 is to be performed by a Commonwealth authority, the authorized person may, by writing published in the Gazette, declare that specified persons or classes of persons are in the employment of the Commonwealth authority. (2) A person specified in, or in a class of persons specified in, a declaration under subsection (1): (a) on the day specified in the declaration for the purpose of this subsection, ceases to be employed under section 42; and (b) from and including that day, is employed by the Commonwealth authority specified in the declaration. (3) For the purpose of facilitating a transfer of persons to the employment of a Commonwealth authority, the Commonwealth authority may, notwithstanding anything in any other law, but subject to the National Employment Standards and any relevant national minimum wage order or industrial award, determine special terms or conditions of employment that are to apply in relation to the persons (other than terms and conditions with respect to superannuation).
Delegation by the Chief of Navy (3) The Chief of Navy may, by instrument in writing, delegate to an officer all or any of his or her powers under section 32A. (3AA) The Chief of Navy may, by instrument in writing, delegate his or her powers under section 32 to an officer of the Permanent Navy who holds a rank not below the rank of Commodore. Delegation by the Chief of the Defence Force (3A) The Chief of the Defence Force may, by instrument in writing, delegate to the Vice Chief of the Defence Force, his or her power under subsection 39(1). Delegation by the authorized person (4) The authorized person may, by instrument in writing, delegate to a person all or any of his or her powers under Part VI. General provisions about delegations (5) A delegation under this section may be made either generally or otherwise as provided in the instrument of delegation. (6) A power delegated under this section shall, when exercised by the delegate, be deemed, for the purposes of this Act, to have been exercised by the person who made the delegation. (6A) The delegate is, in the exercise of a power delegated under this section, subject to the directions of the person who made the delegation. (7) A delegation under this section does not prevent the exercise of a power by the person who made the delegation. (8) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the person who made the delegation. (9) A document purporting to be a copy of an instrument of delegation under this section and purporting to bear the signature, or a facsimile of the signature, of the person who made the delegation and an endorsement in writing that the delegation is, or was on a specified date, in force, is, upon mere production in a court or otherwise for any purpose arising under this Act, prima facie evidence that the delegation was duly made in the terms set out in the document and is, or was on the date specified, in force. Definition of authorized person (10) In this section, authorized person has the same meaning as in section 40.
(1) A person commits an offence if: (a) the person sells or supplies intoxicating liquor to another person; and (b) the person is a member of the Australian Navy Cadets, is under such age as is prescribed, and is in uniform.
Maximum penalty: $40.
(2) Subsection (1) does not apply if the liquor is sold or supplied by direction of a duly qualified medical practitioner.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.
(3) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for securing the good government of the Navy, or for carrying out or giving effect to this Act, and in particular prescribing matters for or in relation to: (a) the good government of naval establishments; (b) the discipline of persons (not being defence members or defence civilians within the meaning of the Defence Force Discipline Act 1982) employed in or in connexion with naval establishments; (c) the regulation and control of shipping in time of war or for the purposes of any naval operation or practice; (d) the fixing of charter rates and establishment charges in respect of ships requisitioned for naval purposes; and (e) the imposition of penalties, not exceeding a fine of $2,000 or imprisonment for a period not exceeding 12 months, or both, for offences against the regulations. (3) The power to make regulations contained in this section is in addition to any power to make regulations contained in the Defence Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Naval Defence Act 1910.
In this Act, unless the contrary intention appears:
member means an officer or sailor.
naval establishment includes any naval college, naval instructional establishment, ship, vessel or boat used for services auxiliary to naval defence, and any dock, shipyard, foundry, machine shop, work, office, or establishment, used in connexion with naval defence.
officer means a person appointed as an officer of the Navy, and includes a subordinate officer.
regulations means regulations relating to the Navy, whether made under this Act or the Defence Act.
sailor means a member of the Navy not being an officer.
subordinate officer means a person who holds the rank in the Navy of Acting Sub‑Lieutenant, Midshipman or Cadet Midshipman.
the Defence Act means the Defence Act 1903.
time of defence emergency, time of war and war have the same meanings respectively as in the Defence Act.
This Act extends to every Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Nothing in this Act shall be taken as an appropriation of any public moneys.
The Australian Navy consists of 2 parts: (a) the Permanent Navy; and (b) the Naval Reserve.
The Permanent Navy consists of: (a) officers appointed to, and sailors enlisted in, the Permanent Navy; and (b) officers and sailors transferred to the Permanent Navy from: (i) the Naval Reserve; or (ii) the Australian Army; or (iii) the Australian Air Force.
The Naval Reserve consists of: (a) officers appointed to, and sailors enlisted in, the Naval Reserve; and (b) officers and sailors transferred to the Naval Reserve from: (i) the Permanent Navy; or (ii) the Australian Army; or (iii) the Australian Air Force.
Except as provided by Part IV of the Defence Act, the Navy shall be kept up by the appointment to the Navy, or the enlistment in the Navy, of persons who volunteer and are accepted for service in the Navy.
Members of the Permanent Navy are bound to render continuous full time naval service.
General determinations (1) The Chief of Navy may determine, in writing: (a) a class of persons who are members of the Permanent Navy who may render flexible service instead of continuous full time naval service; and (b) a period of service, or pattern of service, that constitutes that flexible service.
Note: A person may choose not to apply to render flexible service even if the person is in a class of persons in relation to whom a determination is made under this subsection.
Application to render flexible service (2) A person who is a member of the Permanent Navy may, in writing, apply to the Chief of Navy to render flexible service instead of continuous full time naval service (whether or not the person is in a class of persons covered by a determination made under subsection (1)). Approving and refusing application to render flexible service (3) The Chief of Navy may determine, in writing: (a) that a person who has applied under subsection (2) to render flexible service may render that service; and (b) the period of service, or pattern of service, that constitutes that flexible service; and (c) the period during which the determination is in force.
Note: The determination may be varied or revoked (see subsections (7), (9) and (10)).
(4) Without limiting subsection (3), if a person is in a class of persons covered by a determination made under subsection (1), the Chief of Navy may: (a) still refuse the person’s application; or (b) determine under subsection (3) a different period of service, or pattern of service, from the period or pattern determined under subsection (1); but only if the Chief of Navy is satisfied that it is appropriate to do so because of operational or other requirements of the Permanent Navy. Flexible service taken to be continuous full time naval service for certain purposes (5) A person rendering flexible service in accordance with a determination under subsection (3) is taken to be rendering continuous full time naval service for the purposes of the following: (a) section 120B of the Defence Act 1903; (b) the Defence Force Discipline Act 1982; (c) the Defence Force Retirement and Death Benefits Act 1973; (d) the Military Superannuation and Benefits Act 1991; (e) a determination made for the purposes of section 58B or 58H of the Defence Act 1903; (f) any instrument made for the purposes of a provision or Act referred to in any of paragraphs (a) to (d); (g) any other Act, instrument or provision prescribed by the regulations. Determination may deal with the treatment of flexible service (6) Without limiting subsection (1) or (3), a determination under that subsection in relation to a person or class of persons may deal with: (a) the treatment of flexible service (including how remuneration and allowances are to be treated) for the person or persons in that class; and (b) whether, when the person or persons in that class are rendering flexible service, the person or persons are fulfilling their obligation to render continuous full time naval service under section 31. Varying or revoking determinations—Chief of Navy (7) The Chief of Navy may, at any time, vary or revoke a determination under subsection (1) or (3). (8) A determination under subsection (3) in relation to a person is taken to be revoked if: (a) the person is appointed to a position under section 179, 188FB, 188FL, 188GF or 188GP of the Defence Force Discipline Act 1982; or (b) the person ceases to be a member of the Permanent Navy; or (c) the person is in a class of persons covered by a determination made under subsection (1) that is revoked. Revoking determinations—directions by Chief of the Defence Force (9) The Chief of the Defence Force may at any time direct, in writing, the Chief of Navy to revoke a determination under subsection (3) if the Chief of the Defence Force is satisfied that it is appropriate to do so because of operational or other requirements of the Defence Force. (10) The Chief of Navy must comply with a direction given under subsection (9). Status of determinations (11) A determination under subsection (1) or (3), and a direction under subsection (9), are not legislative instruments.
(1) A member of the Naval Reserve is not bound to render continuous full time naval service otherwise than: (a) as provided in this section; or (b) as a result of a call out order under section 50D, 51A, 51AA, 51AB, 51B, 51C or 51CA of the Defence Act. (2) The regulations must set, or provide for the setting of, training periods for the Naval Reserve.
Note: Different training periods may be set for different parts of the Naval Reserve or for different classes of members of the Naval Reserve: see subsection 33(3A) of the Acts Interpretation Act 1901.
(2A) A member of the Naval Reserve is bound to render, in each training period, naval service (other than continuous full time naval service) for such periods as are set by or under the regulations. However, a member may be exempted by or under the regulations from the obligation to render all, or a specified part, of that service.
Note: Different service may be required of different parts of the Naval Reserve, or of different classes of members of the Naval Reserve, or in different periods: see subsection 33(3A) of the Acts Interpretation Act 1901.
(2B) The regulations: (a) may make provision for different periods of naval service with respect to different parts, or different classes of members, of the Australian Naval Reserve; and (b) may make provision for exempting: (i) a particular member of the Australian Naval Reserve; or (ii) members within a specified class of members of the Australian Naval Reserve; from the obligation to render, during a training period, the whole or part of the naval service that he or they would otherwise be bound to render during that period. (3) A member of the Naval Reserve may, at any time, voluntarily undertake to render continuous full time naval service for a period specified by him and, if that undertaking is accepted, he is bound to render that form of service for that specified period, or for such period or periods within that specified period, as the Chief of Navy directs. (4) A member of the Naval Reserve may at any time voluntarily undertake to render naval service, other than continuous full time naval service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render naval service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the Chief of Navy directs.
Members of the Navy may be required to serve either within or beyond the territorial limits of Australia.
(1) The body known immediately before the commencement of this subsection as the Naval Reserve Cadets is continued in existence with the new name, Australian Navy Cadets. Constitution of the Australian Navy Cadets (2) The Australian Navy Cadets consists of: (a) persons appointed in accordance with the regulations to be officers in that body; (b) persons appointed in accordance with the regulations to be instructors in that body; and (c) subject to subsections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body. Relationship to the Navy (3) A person appointed to be an officer or instructor in the Australian Navy Cadets does not become a member of the Navy by virtue of that appointment. (4) A cadet in the Australian Navy Cadets is not a member of the Navy. Age requirements for cadets (5) A person is not entitled to volunteer, or to be accepted, as a cadet unless he or she: (a) has attained such age as is prescribed; and (b) has not attained the age of 20 years. (6) A person ceases to be a cadet when he or she attains the age of 21 years or such lower age as is prescribed. Regulations about the Australian Navy Cadets (7) The regulations may make provision for or in relation to the organization, maintenance, regulation, control and discipline of the Australian Navy Cadets and, in particular, for and in relation to: (a) the periods and conditions of service of members, other than conditions of service with respect to which determinations under section 58B of the Defence Act may be made; and (b) the promotion of members. (8) In subsection (7), member means an officer, instructor or cadet in the Australian Navy Cadets.
(1) Subject to the regulations, to any determinations in force under section 58B of the Defence Act, to any directions of the Minister and to any directions of the Chief of the Defence Force, the Chief of Navy is to administer the Australian Navy Cadets. (2) A direction of the Chief of the Defence Force under subsection (1) is subject to, and must be in accordance with, any directions of the Minister.
(1) In this Part, unless the contrary intention appears:
authorized person means a person appointed by the Minister in writing to be an authorized person for the purposes of this Part.
Commonwealth authority means a company or other body corporate incorporated under a law of the Commonwealth or of a State or Territory, being a company or body corporate in which the Commonwealth has a controlling interest.
determination means a determination made under section 42A.
National Employment Standards has the meaning given by the Fair Work Act 2009.
The authorized person may, on behalf of the Commonwealth, engage persons for employment in a civil capacity (whether within or without Australia) in or in connexion with a naval establishment or otherwise in connexion with the Navy.
(1) The authorized person may, by instrument in writing, determine the terms and conditions (including rates of pay and allowances) applicable to the employment of persons under section 42. (3) A determination takes effect from the date on which it is made or, if it is expressed to take effect from another date specified in the determination, from that other date. (4) A determination: (b) shall not be expressed to take effect from a date before the date on which the determination is made in any case where, if it so took effect: (i) the rights of a person (other than the Commonwealth) existing at the date on which it is made would be affected in a manner prejudicial to that person; or (ii) liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date on which it is made; and where, in a determination, provision is made in contravention of this subsection, that provision is void and of no effect. (5) A determination may make provision for or in relation to terms or conditions of employment by applying, adopting or incorporating, with or without modification: (a) the provisions of any Act, or of any regulations, as in force at a particular time or as in force from time to time; or (b) any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect. (7) Nothing in this section affects the application of the Fair Work Act 2009 in relation to persons employed under the last preceding section.
(1) Subject to the next succeeding subsection, the Public Service Act 1999 does not apply to persons employed under section 42 of this Act. (2) Section 75 of the Public Service Act 1999 applies in relation to a person employed under section 42 of this Act as if he were an APS employee, within the meaning of that Act, employed in the Department.
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