Document ID: chunk:federal_register_of_legislation:C2025C00175:section:5:p2
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 5 (pt 2/4)
Character Range: 46651–49251

member of such an authority; or
 (c) is a deputy of such a member;
shall, for the purposes of this Act, be taken to be employed by that authority, and the person's employment shall, for those purposes, be taken to be constituted by the performance of:
 (d) the duties of the authority;
 (e) the person's duties as such a member or acting member; or
 (f) the person's duties as such a deputy;
as the case may be.
 (4) A person:
 (a) who is ordinarily engaged for employment at a prearranged place at which employers engage persons for employment; and
 (b) whose last employer under an engagement at that place was the Commonwealth, a Commonwealth authority or a licensed corporation;
shall, for the purposes of this Act, be taken to be employed by the Commonwealth, that authority or that corporation, as the case may be, until the person is next engaged under such an engagement, and the person's employment shall, for those purposes, be taken to be constituted by the person's attendance at that place for the purpose of seeking such an engagement.
 (5) Subsection (4) does not operate to make Comcare liable to pay compensation in respect of an injury sustained by an employee during an attendance to which that subsection applies if the injury was sustained because the employee voluntarily and unreasonably subjected himself or herself to an abnormal risk of injury.
 (6) The Minister may, by legislative instrument (the notice), declare:
 (a) that persons specified in the notice, being 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 or a licensed corporation;
  shall, for the purposes of this Act, be taken to be employed by the Commonwealth, or by that authority or corporation, as the case may be; and
 (b) that the employment of the person shall, for those purposes, be taken to be constituted by the performance by the person of such acts as are specified in the notice;
and such a declaration shall have effect accordingly.
 (7) For the purposes of the application of this Act in relation to a person employed by a Commonwealth authority, references in this Act to the Commonwealth shall be read as references to that authority.
 (8) This Act does not apply to:
 (a) a member of the Parliament or a Minister of State;
 (b) a person who is a Judge as defined by section 4 of the Judges' Pensions Act 1968;
 (c) an officer or employee of the Public Service of an external Territory;