7Interpretation

##### 7 Interpretation (1) In this Act, unless the contrary intention appears: > Agency means the Merit Protection and Review Agency established by the Merit Protection Act. > authorised medical practitioner means a medical practitioner authorised by the Secretary to the Department of the Commonwealth primarily responsible for public health matters, or the Commissioner, to: (a) perform medical examinations under this Act; and (b) make recommendations under this Act in relation to redeployment or retirement; and (c) make recommendations under this Act in relation to the health and physical fitness of officers whose appointment to the Service on probation has not been confirmed. > classification means: (a) in relation to an office (other than an SES office)—a description that identifies the class of offices to which the office belongs, being a class of offices that are of a similar kind, that have responsibilities of a similar level, the performance of the duties of which requires work of similar value and the salary, or range of salaries, applicable to which are the same; and (aa) in relation to an SES office—a description that identifies the class of offices to which the office belongs, being a class of offices with the same range of salaries; and (b) in relation to an officer who holds an office—the classification of that office; and (c) in relation to an unattached officer—the classification that the officer has as an unattached officer determined in accordance with subsections 28(4), 42(2) and 81B(3A). > Commissioner means the Public Service Commissioner. > Commonwealth authority means: (a) a body corporate incorporated, whether before or after the commencement of subsection 5(8) of the Public Service Reform Act 1984, for a public purpose by an Act, by regulations made under an Act or by or under a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory), being a body employing staff otherwise than under this Act; (b) an authority or body, not being a body corporate, established, whether before or after the commencement of subsection 5(8) of the Public Service Reform Act 1984, for a public purpose by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory (other than the Australian Capital Territory or the Northern Territory), being an authority or body employing staff otherwise than under this Act; (c) a company or other body corporate incorporated, whether before or after the commencement of subsection 5(8) of the Public Service Reform Act 1984, under a law of the Commonwealth, of a State or of a Territory, being a company or body corporate in which the Commonwealth has a controlling interest; or (d) an authority or body established, whether before or after the commencement of subsection 5(8) of the Public Service Reform Act 1984 and whether by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory or otherwise, and whether a body corporate or not, being an authority or body that is financed in whole or in substantial part, either directly or indirectly, by money provided by the Commonwealth and employs staff otherwise than under this Act. > criminal offence means: (a) an offence against the law of the Commonwealth or of a State or Territory; or (b) an offence against a law of, or of a part of, a foreign country, being an offence of a kind which, if committed in, or within the jurisdiction of, a State or Territory, would constitute an offence against the law of the Commonwealth or of that State or Territory. > Department means: (a) any Department of the Service (other than a Department of the Service that has been abolished or the name of which has been altered) the name of which is specified, or deemed by virtue of section 7A to be specified, in Schedule 2; or (b) a branch or part of the Service in relation to which a person has, under this Act or another Act, the powers of, or exercisable by, a Secretary as if that branch or part of the Service were a separate Department. > designated group means any of the following classes of persons: (a) members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands; (b) persons who have migrated to Australia and whose first language is a language other than English, and the children of such persons; (c) persons who are physically or mentally disabled; and (d) any other class of persons declared by the regulations to be a designated group for the purposes of this definition. > Employee means a person employed under Division 10 of Part III. > full‑time office means an office other than a part‑time office. > industrial award means: (a) an award under the Workplace Relations Act 1996; (b) an award or order under the Conciliation and Arbitration Act 1904; or (c) a determination, award or order made by a prescribed person, tribunal or body under a law of the Commonwealth or of a Territory. > Merit Protection Act means the Merit Protection (Australian Government Employees) Act 1984. > national service means: (a) service in the Regular Army Supplement rendered under the National Service Act 1951‑1965; or (b) service as an officer in that force in pursuance of an appointment referred to in subsection 28(1) or (2) of that Act; but does not include service (other than service under subsection 27(10), section 30 or subsection 31(6B) of that Act) rendered by a person by virtue of a voluntary undertaking by him to render service for a period for which he is not otherwise bound so to serve under that Act or the Defence Act 1903‑1965. > office of Secretary means: (a) an office (other than an office that has been abolished or the name of which has been altered) the name of which is specified, or deemed by virtue of subsection 25(1) to be specified, in Schedule 3; or (b) an office the holder of which has, under this Act or another Act, in relation to a branch or part of the Service, the powers of, or exercisable by, a Secretary. > Officer means a person appointed or transferred to the Service, whether before or after the commencement of this Act, but does not include an employee. > overseas means outside Australia and the Territories. > part‑time office means an office in relation to which a declaration under subsection 29B(1) is in force. > relevant Secretary means the Secretary of the Department in connection with which, or in which is employed an officer or employee in connection with whom, the expression is used or is applicable. > relevant staff organization, in relation to an office in a Department, means an organization: (a) that is an organisation within the meaning of the Industrial Relations Act 1988; (b) for membership of which a person holding the office would be eligible; and (c) that is a party to an industrial award that applies in relation to the salary payable in respect of the office, being an industrial award to which the Minister who is responsible for the Department is also a party. > returned soldier means: (a) a person who is a member of the Forces (as that term was defined in section 139 of the Re‑establishment and Employment Act 1945 immediately before its repeal); or (b) a person who, as a member of the Defence Force, rendered continuous full‑time service outside Australia: (i) as a member of a unit of the Defence Force that was allotted for duty, within the meaning of subsection 5B(2) of the Veterans’ Entitlements Act 1986, in an operational area described in item 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 or 14 of Schedule 2 to that Act; or (ii) as a person who was allotted for duty, within the meaning of subsection 5B(2) of the Veterans’ Entitlements Act 1986, in an operational area referred to in subparagraph (i). > Secretary means a person for the time being holding, or performing the duties of, an office of Secretary. > Senior Executive Service office or SES office means an office that has a classification declared by the Commissioner under subsection 28(1A) to be a Senior Executive Service classification. > Senior Executive Service officer or SES officer means: (a) an officer who holds an SES office; and (b) an unattached officer who has a Senior Executive Service classification. > Senior Executive (Specialist) office or SES (Specialist) office means an SES office that has the classification of Senior Executive (Specialist) Band 1, Senior Executive (Specialist) Band 2 or Senior Executive (Specialist) Band 3. > Senior Executive (Specialist) officer or SES (Specialist) officer means: (a) an officer who holds an SES (Specialist) office; or (b) an unattached officer whose classification is Senior Executive (Specialist) Band 1, Senior Executive (Specialist) Band 2 or Senior Executive (Specialist) Band 3. > specified defence service means: (a) continuous full time service in a part of the Emergency Forces or of the Reserve Forces; (b) service in a part of those Forces for such periods as are fixed by or in accordance with the regulations under the Defence Act 1903‑1965, the Naval Defence Act 1910‑1965 or the Air Force Act 1923‑1965; or (c) national service; but does not include service rendered by a member of a part of the Emergency Forces or of the Reserve Forces by virtue of a voluntary undertaking by him to render continuous full‑time service for a period for which he is not otherwise bound so to serve under the Defence Act 1903‑1965, the Naval Defence Act 1910‑1965 or the Air Force Act 1923‑1965. > The Emergency Forces has the same meaning as in the Defence Act 1903. > The Minister means a Minister for the time being administering the Department in which is employed or proposed to be employed the officer or person in connexion with whom the term is used or is applicable. > the Reserve Forces has the same meaning as in the Defence Act 1903‑1965. > the Service means the Australian Public Service constituted by section 10. > The Territorial Service means the Public Service of any Territory. > unattached Secretary means a person who: (a) is an unattached officer (not having a Senior Executive Service classification or a classification lower than the lowest Senior Executive Service classification); and (b) immediately before becoming an unattached officer held an office referred to in paragraph (a) of the definition of office of Secretary. (2) In this Act, unless the contrary intention appears: (a) a reference to the repealed Officers’ Rights Declaration Act 1928 shall be read as a reference to that Act as amended and in force immediately before 15 March 1981; and (b) a reference to the former section 6 of the Trade Commissioners Act 1933 shall be read as a reference to section 6 of that Act as amended and in force immediately before 15 March 1981. (3) An officer of a Department is an excess officer for the purposes of a provision of this Act if: (a) the officer is included in a class of officers employed in the Department, which class comprises a greater number of officers than is necessary for the efficient and economical working of the Department; (b) the services of the officer cannot be effectively used because of technological or other changes in the work methods of the Department or changes in the nature, extent or organisation of the functions of the Department; or (c) where the duties usually performed by the officer are to be performed at a different locality and the Commissioner has determined that the provision applies in relation to the re‑location of the performance of those duties—the officer is not willing to perform duties at that locality.