Document ID: chunk:federal_register_of_legislation:C2023C00339:section:10:p1
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 10 (pt 1/2)
Character Range: 18614–21072

10  Meaning of employment in Government Service
 (1) Subject to this section, a person shall, for the purposes of this Act, be taken to be employed in Government Service if the person is employed by the Commonwealth, whether he or she is so employed under a law or under a contract of service or apprenticeship and whether he or she is employed in a full‑time or in a part‑time capacity.
 (2) Without limiting by implication the generality of subsection (1), but subject to this section, a person:
 (a) who constitutes, or is acting as the person constituting, a public authority of the Commonwealth; or
 (b) is, or is acting as, a member of such an authority or is a deputy of such a member;
shall, for the purposes of this Act, be deemed to be employed in Government Service, and his or her employment shall, for those purposes, be deemed to be constituted by the performance of the duties of the authority, his or her duties as such a member or person acting as such a member or his or her duties as such a deputy, as the case may be.
 (2A) For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (within the meaning of the Australian Federal Police Act 1979) is taken to be employed in Government Service.
 (3) Subject to subsection (4), this Act does not apply to a person in respect of any period during which he or she held or holds office as a Judge as defined by section 4 of the Judges' Pensions Act 1968.
 (4) If a person appointed as a Judge as defined by section 4 of the Judges' Pensions Act 1968 was, immediately before his or her appointment, a person to whom this Act, an Act repealed by this Act or sections 73 and 74 of the Public Service Act 1922 applied, the person may, within 3 months after his or her appointment as a Judge or, if he or she was appointed as such a Judge before the commencement of this Act, within 3 months after the commencement of this Act, elect, by notice in writing to the Attorney‑General, that subsection (3) shall not apply to him or her and this Act shall then be deemed to have applied, or to apply, to and in relation to him or her in respect of any period 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