Document ID: chunk:federal_register_of_legislation:C2004C00956:clause:5_4a:p1
Version: federal_register_of_legislation:C2004C00956
Segment Type: clause
Provision Reference: sch 5 cl 4A (pt 1/2)
Character Range: 80611–83265

4A  Declaration that ACT a Commonwealth authority

 (1) If the Chief Minister for the Australian Capital Territory so requests in writing, the Minister may, in writing, declare the Australian Capital Territory to be a Commonwealth authority for the purposes of this Act.

 (2) The Minister may revoke a declaration under subsection (1).

 (3) The Minister may only revoke a declaration if either:
 (a) the Minister has given the Chief Minister at least 12 months' notice in writing of his or her intention to revoke the declaration; or
 (b) the Chief Minister has given the Minister a written request that the declaration be revoked and:
 (i) a period of at least 12 months; or
 (ii) such shorter period as is agreed on by the Minister and the Chief Minister;
  has elapsed since the request was given to the Minister.

Subsection 5(1)
Insert the following definition:

Chief Minister means the Chief Minister for the Australian Capital Territory.

Subparagraph 5(2)(c)(ii)
After "other than" insert "an ACT enactment or a law of".

Section 5
Add at the end the following subsections:

 (11) For the purposes of this Act, the following are taken to be employed by the Australian Capital Territory:
 (a) a person who is an officer or employee of an authority or body established by an ACT enactment, other than an authority or body in respect of which a declaration is in force under subsection (12);
 (b) a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body:
 (i) in which the Australian Capital Territory or an authority or body established by an ACT enactment has a controlling interest; and
 (ii) in respect of which a declaration under subsection (13) is in force;
 (c) a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body:
 (i) in which a body corporate referred to in paragraph (b) has a controlling interest; and
 (ii) in respect of which a declaration under subsection (13) is in force;
 (d) a person who is employed under the Legislative Assembly (Members' Staff) Act 1989 of the Australian Capital Territory;
 (e) the Commissioner, Deputy Commissioner and members of the Australian Capital Territory Fire Brigade under the Fire Brigade (Administration) Act 1974 of the Australian Capital Territory;
 (f) a person who holds, or is acting in, an office established by an ACT enactment, other than an office in respect of which a declaration is in force under subsection (12).

 (12) If the Chief Minister so requests in writing, the