Document ID: chunk:federal_register_of_legislation:C2023C00392:section:11
Version: federal_register_of_legislation:C2023C00392
Segment Type: section
Provision Reference: s 11
Character Range: 5501–8026

11  Determination of conditions of service
 (1) The Minister may, by legislative instrument, make determinations, not inconsistent with this Act, providing for and in relation to the terms and conditions of appointment of relevant persons.
 (2) Without limiting the generality of subsection (1), a determination may make provision for and in relation to:
 (a) the remuneration of relevant persons;
 (b) the payment of allowances and other pecuniary benefits, not being allowances or benefits by way of remuneration, to and in respect of relevant persons;
 (c) the payment of allowances and other pecuniary benefits to and in respect of members of the families of relevant persons;
 (d) leave of absence and long service leave of relevant persons; and
 (e) the provision of other benefits to and in respect of relevant persons and to and in respect of members of the families of relevant persons.
 (3) Determinations may be made either generally or with respect to a particular case or a particular class of cases.
 (4) A determination may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification:
 (a) a provision of any Act or any regulation made under an Act, or of any determination made under this section or section 24 of the Public Service Act 1999, as in force at a particular time or as in force from time to time; or
 (b) any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect.
 (10) A reference in this section to a member of the family of a relevant person includes a reference to a member of the household, and a dependant of, a relevant person.
 (11) For the purposes of this section, the members of a person's family are taken to include the following (without limitation):
 (a) a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901);
 (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;
 (c) anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family.
 (12) In this section:
child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
relevant person means:
 (a) a Trade Representative; or
 (b) an officer appointed under section 10.