Document ID: chunk:federal_register_of_legislation:C2025C00175:section:5:p4
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 5 (pt 4/4)
Character Range: 51392–53188

writing, the Minister may, by legislative instrument, declare that:
 (a) an authority or body is not an authority or body to which subsection (11) applies; or
 (b) an office is not an office to which subsection (11) applies.
 (13) If the Chief Minister so requests in writing, the Minister may make a written declaration that a body corporate is a body to which subsection (11) applies.
 (13A) A declaration under subsection (13) is not a legislative instrument.
 (14) Subsection (11) does not apply to the following offices established by the Australian Capital Territory (Self‑Government) Act 1988:
 (a) Chief Minister for the Australian Capital Territory;
 (b) Deputy Chief Minister for the Australian Capital Territory;
 (c) Minister;
 (d) Presiding Officer of the Legislative Assembly for the Australian Capital Territory;
 (e) deputy to the Presiding Officer of the Legislative Assembly for the Australian Capital Territory;
 (f) member of the Legislative Assembly for the Australian Capital Territory.
 (15) If the Chief Minister so requests in writing, the Minister may make a written declaration that persons specified in the declaration, when engaging in activities:
 (a) at the request or direction, or for the benefit, of the Australian Capital Territory; or
 (b) in accordance with a requirement made by or under an ACT enactment; or
 (c) at the request or direction, or for the benefit, of an authority or body established by an ACT enactment;
are to be taken to be employees of the Australian Capital Territory.
 (16) A declaration under subsection (15) is not a legislative instrument.
 (17) To avoid doubt, a member of the Defence Force is not an employee.
Note: For members of the Defence Force, see the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.