Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_133:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 133 (pt 1/3)
Character Range: 519308–521782

133  Public employment
 (1) The Minister and CSC may agree that employment, whether within or outside Australia, by a person, or by persons included in a class of persons, is public employment for the purposes of this Division.
 (1A) The Minister and CSC may at any time vary or terminate an agreement made under subsection (1).
 (1D) If:
 (a) employment by a person has been agreed (whether or not by reference to a class of persons) under subsection (1) to be public employment for the purposes of this Division; and
 (b) apart from this subsection, employment of persons generally, or of a class of persons, by that person would cease at a particular time to be public employment for the purposes of this Division;
the Minister and CSC may agree that a person, or a person included in a class of persons, who was employed in public employment for the purposes of this Division immediately before that time because of that employment continues to be so employed.
 (2) An agreement made under this section may be expressed to have taken effect on a day earlier than the day on which the agreement is made but not earlier than 1 July 1976.
 (2A) An agreement made under this section or a variation of such an agreement:
 (a) may be expressed to apply only in relation to employment of a person included in a class of persons referred to in the agreement; and
 (b) may be expressed to apply only until a time stated in the agreement.
 (2B) CSC must cause notice of the making of an agreement under this section, or of the variation or termination of such an agreement, to be published in the Gazette.
 (3) A person is taken, for the purposes of this Division, to have been employed in public employment at a particular time before 1 July 1994 if, and (except as otherwise provided by an Act other than this Act) only if:
 (a) the employer by whom the person was employed at that time was a person, or was included in a class of persons, referred to in a declaration by CSC under subsection 133(1) of the Superannuation Act 1976 as in force at that time and, if the declaration was expressed to apply only in relation to the employment of a person included in a class of persons, the person was included in that class; or
 (b) a declaration by CSC under subsection 133(1D) of the Superannuation Act 1976 as in force at that time was, or is taken to have been, in force at that time in relation to the person.
 (3A) A person is taken, for the purposes of this Division, to have