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Parliamentary Service Act 1999
7Interpretation
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#### 7 Interpretation
In this Act, unless the contrary intention appears:
> acting SES employee means a non‑SES employee who is acting in a position usually occupied by an SES employee.
> APS employee has the same meaning as in the Public Service Act 1999.
> Australian Fair Pay and Conditions Standard has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
> Note: See Schedules 4 and 9 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 in relation to the application of the Australian Fair Pay and Conditions Standard.
> Australian Public Service Commissioner means the Australian Public Service Commissioner appointed under the Public Service Act 1999.
> authorised member of a Parliamentary party means:
(a) the Leader of the Parliamentary party; or
(b) a member of the Parliamentary party authorised, in writing, by the Leader of the Parliamentary party to act under the provision in which the expression occurs.
> budget means an annual Commonwealth budget.
> caretaker period for a general election has the same meaning as in Schedule 1 to the Charter of Budget Honesty Act 1998.
> category of Parliamentary Service employee means one of the following categories:
(a) ongoing Parliamentary Service employees;
(b) Parliamentary Service employees engaged for a specified term or for the duration of a specified task;
(c) Parliamentary Service employees engaged for duties that are irregular or intermittent.
> Classification Rules means rules made under section 23.
> Code of Conduct means:
(a) the rules in section 13; and
(b) any rules and orders made by the Senate or the House of Representatives under section 50 of the Constitution that apply to Parliamentary Service employees.
> Commissioner means the Parliamentary Service Commissioner appointed under this Act.
> Commonwealth body means:
(a) a Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013; or
(b) the High Court of Australia.
> Department means a Department of the Parliament that is established under this Act.
> designated Parliamentary party, during the caretaker period for a general election, means a political party at least 5 members of which were members of the Parliament of the Commonwealth immediately before the caretaker period.
> Note: The Parliamentary Budget Officer may treat 2 or more political parties as a single designated Parliamentary party for the purpose of preparing a post‑election report (see subsection 64MA(2)).
> determinations means determinations under this Act other than Part 9.
> election commitment, in relation to a general election, means a policy that a Parliamentary party has publicly announced it intends to seek to have implemented after the election.
> enterprise agreement has the same meaning as in the Fair Work Act 2009.
> Executive Agency has the same meaning as in the Public Service Act 1999.
> fair work instrument has the same meaning as in the Fair Work Act 2009.
> former Parliamentary Service employee means a person who was, but is no longer, a Parliamentary Service employee.
> general election means a general election of the members of the House of Representatives.
> independent member, during the caretaker period for a general election, means a person:
(a) who is not a member of a Parliamentary party; and
(b) who intends to be a candidate in the general election, or in a Senate election held on the same day as the general election, without the endorsement of a political party; and
(c) who, immediately before the caretaker period, was a Senator or a Member of the House of Representatives because the person:
(i) had been elected to the Senate or the House of Representatives without the endorsement of a political party; or
(ii) had been chosen or appointed to fill a casual vacancy to the Senate without the endorsement of a political party.
> insolvent under administration means a person who:
(a) has become bankrupt; or
(b) has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) has compounded with his or her creditors; or
(d) has assigned his or her remuneration for the benefit of his or her creditors.
> Joint Committee of Public Accounts and Audit means the Joint Committee of Public Accounts and Audit provided for in the Public Accounts and Audit Committee Act 1951.
> joint Department means:
(a) the Department of Parliamentary Services; or
(b) if another Department is designated as the joint Department by the Presiding Officers—that other Department.
> Library Committee means the committee or committees of the Houses of Parliament that advise the Presiding Officers in respect of the functions of the Parliamentary Librarian.
> Merit Protection Commissioner means the Parliamentary Service Merit Protection Commissioner appointed under this Act.
> minimum retiring age means:
(a) unless paragraph (b) applies, 55 years; or
(b) if a higher or lower age is prescribed by the determinations—that age.
> modern award has the same meaning as in the Fair Work Act 2009.
> modifications includes additions, omissions and substitutions.
> National Employment Standards has the same meaning as in the Fair Work Act 2009.
> non‑ongoing APS employee has the same meaning as in the Public Service Act 1999.
> non‑ongoing Parliamentary Service employee means a Parliamentary Service employee who is not an ongoing Parliamentary Service employee.
> non‑SES employee means a Parliamentary Service employee other than an SES employee.
> ongoing APS employee has the same meaning as in the Public Service Act 1999.
> ongoing Parliamentary Service employee means a person engaged as an ongoing Parliamentary Service employee, as mentioned in paragraph 22(2)(a).
> overseas means outside Australia and the Territories.
> Parliamentary Budget Office means the Department of the Parliamentary Budget Office established by subsection 64A(1).
> Parliamentary Budget Officer means the holder of the office of Parliamentary Budget Officer established by section 64C.
> Parliamentary Librarian means the holder of the office of Parliamentary Librarian established under section 38A.
> Parliamentary party:
(a) means a political party at least one member of which is a member of the Parliament of the Commonwealth; and
(b) during a caretaker period for a general election—includes a political party at least one member of which was a member of the Parliament of the Commonwealth immediately before the caretaker period.
> Parliamentary Service means the Australian Parliamentary Service established by subsection 9(1).
> Parliamentary Service employee means:
(a) a person engaged as an employee under section 22; or
(b) a person determined under paragraph 72(1)(b) of the Public Service Act 1999 to have become engaged as a Parliamentary Service employee in a Department.
> Parliamentary Service employment means employment as a Parliamentary Service employee.
> Parliamentary Service Employment Principles means the principles in section 10A.
> Parliamentary Service Values means the values in section 10.
> political party has the same meaning as in the Commonwealth Electoral Act 1918.
> polling day, in relation to an election, means the day fixed for polling in the election.
> Presiding Officer or Presiding Officers means:
(a) where the expression is used in connection with a reference to the Department of the Senate or the Clerk of the Senate—the President of the Senate; or
(b) where the expression is used in connection with a reference to the Department of the House of Representatives or the Clerk of that House—the Speaker of the House of Representatives; or
(c) otherwise—the President of the Senate and the Speaker of the House of Representatives acting jointly.
> relevant Department, in relation to a Secretary, means the Department of which he or she is the Secretary.
> Remuneration Tribunal means the Remuneration Tribunal established by the Remuneration Tribunal Act 1973.
> responsible Secretaries has the same meaning as in Schedule 1 to the Charter of Budget Honesty Act 1998.
> Secretary means the Secretary of a Department and includes the Clerk of the Senate, the Clerk of the House of Representatives and the Parliamentary Budget Officer.
> Secretary of a Department means:
(a) if the Department is the Department of the Senate—the Clerk of the Senate; or
(b) if the Department is the Department of the House of Representatives—the Clerk of that House; or
(ba) if the Department is the Parliamentary Budget Office—the Parliamentary Budget Officer; or
(c) if the Department is another Department—the Secretary of that Department.
> Senate election means an election of Senators for a State, the Australian Capital Territory or the Northern Territory.
> SES means the Senior Executive Service established by section 35.
> SES employee has the meaning given by section 34.
> WR Act collective transitional instrument means an award, a collective agreement or a pre‑reform certified agreement (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).
> WR Act transitional instrument means an award, a workplace agreement, a pre‑reform certified agreement, an AWA or a pre‑reform AWA (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).