Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_4ab
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 4AB
Character Range: 33034–34963

4AB  Employer

Basic definition

 (1) In this Act, unless the contrary intention appears:

employer means:
 (a) a constitutional corporation, so far as it employs, or usually employs, an individual; or
 (b) the Commonwealth, so far as it employs, or usually employs, an individual; or
 (c) a Commonwealth authority, so far as it employs, or usually employs, an individual; or
 (d) a person or entity (which may be an unincorporated club) so far as the person or entity, in connection with constitutional trade or commerce, employs, or usually employs, an individual as:
 (i) a flight crew officer; or
 (ii) a maritime employee; or
 (iii) a waterside worker; or
 (e) a body corporate incorporated in a Territory, so far as the body employs, or usually employs, an individual; or
 (f) a person or entity (which may be an unincorporated club) that carries on an activity (whether of a commercial, governmental or other nature) in a Territory in Australia, so far as the person or entity employs, or usually employs, an individual in connection with the activity carried on in the Territory.

Note 1: In this context, Australia includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands. See paragraph 17(a) of the Acts Interpretation Act 1901.

Note 2: See also Part XV (employees and employers in Victoria).

References to employer with ordinary meaning

 (2) However, a reference to employer has its ordinary meaning (subject to subsection (3)) if the reference is listed in clause 3 of Schedule 1. This does not limit the circumstances in which a contrary intention may appear for the purposes of subsection (1).

Note: The regulations may amend clause 3 of Schedule 1. See clause 5 of Schedule 1.

 (3) In this Act, unless the contrary intention appears, a reference to employer with its ordinary meaning includes a reference to a person or entity that is usually an employer with that meaning.