5Public sector employees

5 Public sector employees

(1) For the purposes of this Act, a person is a public sector employee if, and only if, the person is: (a) either: (i) employed by the Commonwealth or an approved authority; or (ii) the holder of a statutory office; and (b) not an exempt overseas employee. (1A) To avoid doubt, a person who is a member of the Defence Force is not a public sector employee by reason only of being a member of the Defence Force. (2) For the purposes of this Act, a person is an exempt overseas employee if the person is: (a) engaged or appointed for employment outside Australia only; and (b) not specified in a written declaration made by the Minister under this paragraph.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Declarations (3) A declaration under paragraph (2)(b) is a legislative instrument. (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) of this section. (5) A declaration under paragraph (2)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration. (6) If: (a) a declaration is made under paragraph (2)(b); and (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates; the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.