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Commonwealth Employment (Miscellaneous Amendments) Act 1992

No. 95 of 1992

An Act to amend the law relating to rehabilitation, workers' compensation and occupational health and safety in respect of persons employed by the Commonwealth and Commonwealth authorities, and for related purposes

[Assented to 30 June 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Commonwealth Employment (Miscellaneous Amendments) Act 1992.

Commencement

2.(1) This Part commences on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the provisions of Divisions 1, 2 and 3 of Part 2, and the provisions of Part 6, commence on a day to be fixed by Proclamation.

(3) If the provisions referred to in subsection (2) do not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, those provisions commence on the first day after the end of that period.

(4) Division 4 of Part 2 and Part 4 are taken to commence, or to have commenced, as the case may be, on the day fixed under subsection 2(2) of the Industrial Relations Legislation Amendment Act (No. 3) 1991.

(5) Part 3 is taken to have commenced on 27 June 1991.

(6) Subject to subsection (7), Part 5 commences on a day to be fixed by Proclamation.

(7) If Part 5 does not commence under subsection (6) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, that Part commences on the first day after the end of that period.

PART 2—AMENDMENTS OF THE COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 AND RELATED TRANSITIONAL PROVISIONS

Division 1—Introductory

Principal Act

3. In this Part, "Principal Act" means the Commonwealth Employees' Rehabilitation and Compensation Act 19881.

Division 2—Amendments relating to the licensing of authorities

Interpretation

4. Section 4 of the Principal Act is amended:

    (a) by omitting "(other than an administering authority)" from the definition of "exempt authority" in subsection (1);

    (b) by omitting "an administering authority" from paragraph (b) of the definition of "rehabilitation authority" in subsection (1) and substituting "a licensed authority";

    (c) by omitting subparagraph (c)(ii) of the definition of

    "Commonwealth authority" in subsection (1) and substituting the following subparagraph:

"(ii) in which:

(A) the Commonwealth has a controlling or substantial interest; or

            (B) a Territory (other than the Northern Territory) or a body corporate referred to in paragraph (a) or (b) has a controlling interest; and";

    (d) by omitting paragraph (a) of the definition of "relevant authority" in subsection (1) and substituting the following paragraph:

           "(a) in relation to an employee who is employed by a licensed authority—that