sec.4Minister may declare units of the State public sector

### sec.4 Minister may declare units of the State public sector The Minister may, by written notice, declare an entity to be a unit of the State public sector. The power of the Minister under subsection (1) includes the power— to declare a department or other agency of the Commonwealth or another State on which functions of this State have been conferred to be a unit of the State public sector; and to declare an entity to be a unit of the State public sector only in relation to particular employees. However, the Minister may declare an entity to be a unit of the State public sector only if— the entity performs functions for the State, employs public service employees or is otherwise connected to the State; or for a declaration under subsection (2) (b) , the entity employs persons whose membership in the scheme is continued under part 3 , division 2 . Also, if there is any doubt that a person is an employee of a unit of the State public sector, the Minister may, by written notice, declare whether the person is or is not an employee of a unit of the State public sector. A notice under subsection (1) or (4) is subordinate legislation. s 4 prev s 4 sub 1997 No. 21 s 5 amd 2007 No. 7 s 5 om 2021 No. 20 s 12 pres s 4 (prev s 2A) ins 2000 No. 52 s 37 sub 2016 No. 64 s 54 amd 2021 No. 20 s 11 (1) – (4) renum 2021 No. 20 s 11 (5) (sec.4-ssec.1) The Minister may, by written notice, declare an entity to be a unit of the State public sector. (sec.4-ssec.2) The power of the Minister under subsection (1) includes the power— to declare a department or other agency of the Commonwealth or another State on which functions of this State have been conferred to be a unit of the State public sector; and to declare an entity to be a unit of the State public sector only in relation to particular employees. (sec.4-ssec.3) However, the Minister may declare an entity to be a unit of the State public sector only if— the entity performs functions for the State, employs public service employees or is otherwise connected to the State; or for a declaration under subsection (2) (b) , the entity employs persons whose membership in the scheme is continued under part 3 , division 2 . (sec.4-ssec.4) Also, if there is any doubt that a person is an employee of a unit of the State public sector, the Minister may, by written notice, declare whether the person is or is not an employee of a unit of the State public sector. (sec.4-ssec.5) A notice under subsection (1) or (4) is subordinate legislation. - (a) to declare a department or other agency of the Commonwealth or another State on which functions of this State have been conferred to be a unit of the State public sector; and - (b) to declare an entity to be a unit of the State public sector only in relation to particular employees. - (a) the entity performs functions for the State, employs public service employees or is otherwise connected to the State; or - (b) for a declaration under subsection (2) (b) , the entity employs persons whose membership in the scheme is continued under part 3 , division 2 .