Document ID: chunk:federal_register_of_legislation:C2023C00339:section:10:p2
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 10 (pt 2/2)
Character Range: 20822–23049

during which he or she held or holds the appointment as if the performance of the duties of the appointment constituted employment in Government Service.
 (6) Notwithstanding anything contained in subsection (1) or (2), a person:
 (a) who is employed by the Commonwealth in a particular capacity and remunerated, in respect of his or her employment in that capacity, by fees, allowances or commission;
 (aa) appointed:
 (i) to constitute, or act as the person constituting, a public authority of the Commonwealth; or
 (ii) to be, or to act as, a member of such an authority or to be a deputy of such a member;
  who is remunerated, in respect of his or her performance of the duties of that appointment, by fees, allowances or commission;
 (ab) who is the holder of a principal executive office within the meaning of the Remuneration Tribunal Act 1973 (other than a principal executive office prescribed for the purposes of this paragraph);
 (b) who is a member of the Defence Force;
 (c) who is employed by the Commonwealth in an honorary capacity;
 (d) who is employed in the Public Service of a Territory, in the ACT teaching service or in the Teaching Service of the Northern Territory;
 (e) who is temporarily transferred to the service of the Commonwealth from the service of a State or an authority of a State, or whose services are temporarily loaned to the Commonwealth by a State or an authority of a State;
 (ea) who is temporarily transferred to the service of the Commonwealth from the service of the Australian Capital Territory or an authority of that Territory, or whose services are temporarily loaned to the Commonwealth by that Territory or an authority of that Territory;
 (f) who holds an office or is employed under the Reserve Bank Act 1959 or the Commonwealth Banks Act 1959; or
 (g) who is, after the commencement of this Act, appointed or engaged for employment outside Australia only;
shall not be taken, by reason only of his or her being such a person, to be employed in Government Service for the purposes of this Act.
 (7) This section applies in relation to employment before the commencement of this Act in like manner as it applies in relation to employment after the commencement of this Act.