Document ID: chunk:federal_register_of_legislation:C2024C00825:section:4:p4
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 4 (pt 4/7)
Character Range: 25265–27740

becomes liable to contribute, or elects to contribute, as the case may be.
 (3) Where an employee has been or is appointed, whether before or after the commencement of this Act, for a term of years to a statutory office under the Commonwealth, he shall, for the purposes of this Act, be deemed to continue to be an employee so long as he continues to be employed by the Commonwealth in that office (whether during or after the expiration of the term for which he was appointed) or in any other statutory office under the Commonwealth to which he may be appointed for a term of years.
 (3A) A reference in subsection (3) to a statutory office does not include a reference to a statutory office the holder of which is not required by the terms of his appointment to give the whole of his time to the duties of his office.
 (4) Where a person is the holder for a term of years of a statutory office under the Commonwealth (whether his appointment was made before or is made after the commencement of this subsection) and, by the terms of his appointment, that person is required to give the whole of his time to the duties of his office, the Minister may direct that that person be deemed to be an employee within the meaning of this section, and that person shall be deemed to be such an employee as from the date of the direction or from such earlier date (not being a date earlier than the date of appointment to the statutory office) as the Board determines.
 (5) Where:
 (a) a person employed by the Commonwealth otherwise than in a permanent capacity is by the terms of his employment required to give the whole of his time to the duties of his employment;
 (b) that person has been so employed for a continuous period of not less than three years; and
 (c) the Public Service Board, or, on appeal from the Public Service Board, the Minister, certifies that that person's employment is likely to be continued for a period of at least seven years;
the Minister may direct that that person be deemed to be an employee within the meaning of this section, and that person shall be deemed to be such an employee as from the date of the direction.
 (5A) Where:
 (a) a person employed by the Commonwealth under the Australian Security Intelligence Organization Act 1956 otherwise than in a permanent capacity is by the terms of his employment required to give the whole of his time to the duties of his employment;
 (b) that person has been so employed for a continuous period of