Document ID: chunk:federal_register_of_legislation:C2022C00262:section:3aa
Version: federal_register_of_legislation:C2022C00262
Segment Type: section
Provision Reference: s 3AA
Character Range: 10586–12816

3AA  Designated employers
 (1) A reference in this Act to the designated employer of a member is a reference to:
 (a) if the member is a permanent employee, or temporary employee, of the Commonwealth but is not an LWOP member or employed by an approved authority:
  (i) if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act—the Department in respect of which the money is appropriated; or
 (ii) if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act—a Department determined by the Minister in writing; or
 (b) if the member is the holder of 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
 (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) an Agency within the meaning of the Public Service Act 1999; or
 (b) a Department of the Parliament established under the Parliamentary Service Act 1999.
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 CSC 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.