9Meaning of employee etc.

#### 9 Meaning of employee etc. Employee (1) An employee is: (a) a Commonwealth employee (see subsection (1A)); or (b) a Commonwealth authority employee (see subsection (2A)); or (c) a non‑Commonwealth licensee employee (see subsection (3A)). Commonwealth employee (1A) A Commonwealth employee is a person who is employed by the Commonwealth, whether the person is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship. (2) Without limiting the generality of subsection (1A): (a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or (b) a member of the Defence Force; or (c) a person (other than a person to whom subsection (3) applies) who is the holder of or is acting in: (i) an office established by a law of the Commonwealth, other than an office that is declared by the Minister, by notice in writing, to be an office in relation to which this Act does not apply; or (ii) an office that is established by a law of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island) and is declared by the Minister, by notice in writing, to be an office in relation to which this Act applies; is, for the purposes of this Act, to be taken to be employed by the Commonwealth, and the person’s employment is, for those purposes, to be taken to be constituted by the person’s performance of duties as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, by the person’s performance of duties as such a member of the Defence Force or by the person’s performance of the duties of that office, as the case may be. Commonwealth authority employee (2A) A Commonwealth authority employee of a particular Commonwealth authority is a person who is employed by the authority, whether the person is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship. (3) Without limiting the generality of subsection (2A), a person who: (a) constitutes, or is acting as the person constituting, a Commonwealth authority; or (b) is, or is acting as, a member of such an authority; or (c) is, or is acting as, a member of a body established, by or under the Act establishing such an authority, for a purpose associated with the performance of the functions of the authority; or (d) is a deputy of a member referred to in paragraph (b) or (c); is, for the purposes of this Act, to be taken to be employed by that authority, and the person’s employment is, for those purposes, to be taken to be constituted by the performance of: (e) the duties of the authority; or (f) the person’s duties as such a member or acting member; or (g) the person’s duties as such a deputy; as the case may be. Non‑Commonwealth licensee employee (3A) Subject to subsection (3B), a non‑Commonwealth licensee employee of a particular non‑Commonwealth licensee is a person who is employed by the licensee, whether the person is so employed under a law of the Commonwealth or of a State or Territory, or under a contract of service or apprenticeship. (3B) If, under the Safety, Rehabilitation and Compensation Act 1988, the licence of a non‑Commonwealth licensee covers only some of the people referred to in subsection (1), only such of those people as are covered by the licence are non‑Commonwealth licensee employees of the licensee for the purposes of this Act. External territory public servants not covered (4) This Act does not apply in relation to an officer or employee of the Public Service of an external Territory. Minister’s power to declare people to be employed by Commonwealth or Commonwealth authority (5) The Minister may, by notice in writing, declare: (a) that a person who is included in a class of persons specified in the notice, being a class of persons who engage in activities or perform acts: (i) at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth; or (ii) at the request or direction, or for the benefit, of a Commonwealth authority; is, for the purposes of this Act, to be taken to be employed by the Commonwealth, or by that authority, as the case may be; and (b) that the employment of the person is, for those purposes, to be taken to be constituted by the performance by the person of such acts as are specified in the notice; and such a declaration has effect accordingly. (6) A notice in writing under paragraph (2)(c) or subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.