Document ID: chunk:federal_register_of_legislation:C2004A03226:body:0:p8
Version: federal_register_of_legislation:C2004A03226
Segment Type: other
Provision Reference: 
Character Range: 18165–21020

of relevant persons are in the employment of the Commission.
(2) The Minister may, by declaration published in the Gazette, declare that, with effect from the commencing day, specified classes of Trade Commissioners, Assistant Trade Commissioners and Trade Commissioner Office employees are in the employment of the Commission.
(3) Where a person is included in a class of relevant persons specified in a declaration published pursuant to sub-section (1), or in a class of Trade Commissioners or Assistant Trade Commissioners or Trade Commissioner Office employees specified in a declaration published pursuant to sub-section (2), that person shall, from and including the day with effect from which the Minister has declared that class of persons to be in the employment of the Commission, be deemed, by force of this sub-section, to be employed by the Commission under section 60 of the Australian Trade Commission Act 1985.
(4) Where a person was, immediately before the commencing day—
(a) an officer or employee of the Insurance Corporation; or
(b) an employee of the Projects Corporation,
that person shall, from and including the commencing day, be deemed, by force of this sub-section, to be employed by the Commission under section 60 of the Australian Trade Commission Act 1985.

(5) Without limiting, by implication, the manner in which a class of relevant persons, Trade Commissioners, Assistant Trade Commissioners or Trade Commissioner Office employees may be described for the purposes of sub-section (1), that class may be described by reference to the functions that persons included in that class performed in carrying out their duties immediately before the day with effect from which the Minister declared that class of persons to be in the employment of the Commission.
(6) In this section, "relevant persons" means persons who are—
(a) officers of the Australian Public Service; or
(b) Australian Public Service employees,
being persons who perform duties in the Department.

Terms and conditions applicable to persons deemed to be employed by Commission
13. Where a person is deemed, pursuant to section 12, to be employed by the Commission under section 60 of the Australian Trade Commission Act 1985, the Commission shall, for the purposes of the last-mentioned section, unless it is able, on the commencing day, to make a determination of new terms and conditions under the last-mentioned section, be deemed to have determined that, pending the making of such a determination of new terms and conditions, the terms and conditions of that person's employment are the terms and conditions of employment that were applicable to that person immediately before that person was deemed to be so employed.

Persons previously engaged for specified terms
14. Without otherwise limiting the generality of section 60 of the Australian Trade