Document ID: chunk:federal_register_of_legislation:C2025C00175:section:5:p1
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 5 (pt 1/4)
Character Range: 44310–46864

5  Employees
 (1) In this Act, unless the contrary intention appears:
Chief Minister means the Chief Minister for the Australian Capital Territory.
employee means:
 (a) a person who is employed by the Commonwealth or by a Commonwealth authority, whether the person is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship; or
 (b) a person who is employed by a licensed corporation.
 (1A) For the purposes of paragraph (b) of the definition of employee in subsection (1), a person is taken to be employed by a licensed corporation if, and only if:
 (a) a person performs work for that corporation under a law or a contract; and
 (b) pursuant to that law or pursuant to the law that is the proper law of that contract, as the case may be, the person would, if that corporation were not a licensed corporation, be entitled to compensation in respect of injury, loss or damage suffered by, or in respect of the death of, the person in connection with that work.
 (2) Without limiting the generality of subsection (1):
 (a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or
 (c) a person (other than a person to whom subsection (3) applies) who is the holder of or is acting in:
 (i) an office established by a law of the Commonwealth, other than an office that is declared by the Minister, by legislative instrument, to be an office to which this Act does not apply; or
 (ii) an office that is established by a law of a Territory (other than an ACT enactment or a law of the Northern Territory) and is declared by the Minister, by legislative instrument, to be an office to which this Act applies;
shall, for the purposes of this Act, be taken to be employed by the Commonwealth, and the person's employment shall, for those purposes, be taken to be constituted by the person's performance of duties as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee or by the person's performance of the duties of that office, as the case may be.
 (3) A person who:
 (a) constitutes, or is acting as the person constituting, a Commonwealth authority;
 (b) is, or is acting as, a member of such an authority; or
 (c) is a deputy of such a member;
shall, for the purposes of this Act, be taken to be employed by that authority, and the person's employment shall, for those purposes, be taken to