Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p27
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 67258–69850

a statutory office, but is not an LWOP member:

        (i) if the remuneration in respect of the office is paid by an approved authority—the Authority; or

SCHEDULE 4—continued

        (ii) if subparagraph (i) does not apply—a Department or person determined by the Minister in writing; or

    (c) if the member is an LWOP member—a person determined by the Minister in writing; or

    (d) otherwise—the Authority or body by which the member is employed.

"(2) In this section:

'Department' means:

    (a) a Department of State; or

    (b) a Department of the Parliament; or

    (c) a branch or part of the Australian Public Service in relation to which a person has, under an Act, the powers of, or exercisable by, the Secretary of a Department of the Australian Public Service;

'LWOP member' means a member who:

    (a) is on leave of absence without pay and:

        (i) if the period of leave began before 1 July 1994—because of a direction given by the Board under the Rules as in force when the period of leave began, is required to make payments in respect of contributions falling due during the period of the leave; or

        (ii) if the period of leave began or begins on or after that date—the period of the leave is longer than 6 fortnights and is an excluded period of leave of absence for the purposes of the Rules as in force when the period of leave began or begins; or

    (b) is on leave of absence without pay or other unpaid leave in relation to the birth of a child of the member, other termination of the pregnancy of the member or the adoption of a child by the member, and is making contributions in relation to the leave in accordance with an election made under the Rules.

Members of ACT Fire Brigade

"ЗАВ. For the purposes of this Act, a person who was at any time before the commencement of this section, or is, a member of the Australian Capital Territory Fire Brigade, pursuant to an appointment made under the Fire Brigade (Administration) Act 1974 of the Australian Capital Territory is taken to have been or to be employed by the Australian Capital Territory at all times from and including the time of his or her appointment under that Act or the commencement of this Act, whichever was or is the later, until he or she ceased or ceases to hold office under the appointment.".

SCHEDULE 4—continued

5. Subsection 6A(4):

Omit "CSB No. 2", substitute "CSS Board".

6. Section 12:

Repeal, substitute:

Cases where person taken not to have ceased to be a member

"12. If a person ceases to be a member and, immediately after so ceasing, again