Document ID: chunk:federal_register_of_legislation:F2005C00110:body:0:p32
Version: federal_register_of_legislation:F2005C00110
Segment Type: other
Provision Reference: 
Character Range: 72636–75220

months commencing on the day when the person became an eligible employee.

5 Application of Act

 (1) The Act applies, subject to the modifications specified in Schedule 1, to and in relation to a person to whom section 14A of the Act applies by virtue of his or her being a person referred to in paragraph (1) (a), (c), (d) or (e) of that section.

 (2) The Act applies, subject to the modifications set out in Schedule 2, to a person referred to in paragraph 3A (1) (h).

 (3) The Act applies, subject to the modifications set out in Schedule 3, to a class of persons each of whom:
 (a) holds an appointment, or is employed, for a fixed term; and
 (b) is an eligible employee because he or she is:
 (i) a person to whom Division 3 of Part IV of the Public Service Act applies; or
 (ii) a person referred to in paragraph 14A (1) (b) or (e) of the Act.
Schedule 1 Modification of Act
(subregulation 5 (1))

1. Insert the following Part after Part VIII:

               Part VIIIA Special provisions applicable to certain persons to whom section 14A applies

      124A Interpretation

  In this Part, unless the contrary intention appears:
reinstated means re-appointed or re-employed, or to be deemed to be, or deemed to have been, re-appointed or re-employed, as the case requires.
relevant period means:
 (a) in relation to a person to whom this Part applies, being a person referred to in paragraph 124B (a), (b), (c), (e) or (g) — any period referred to in subparagraph 124B (a) (iii), (b) (iii), (c) (iii), (e) (iii) or (g) (iii), as the case may be, during which the person was not an eligible employee; or
 (b) in relation to a person to whom this Part applies, being a person referred to in paragraph 124B (d) or (f) — any period comprising the whole, or any portion, of the period:
 (i) commencing on the day on which the person is reinstated; and
 (ii) ending at the end of the day immediately preceding the day on which the person first reports, or reported, for duty after reinstatement;
 during which the person was not an eligible employee.

      124B Application of Part

  This Part applies to a person to whom section 14A applies, being:
 (a) a person who:
 (i) is performing duty in the Australian Public Service pursuant to a re-appointment to that Service under subsection 63F (9), 63G (7) or 66B (2) of the Public Service Act;
 (ii) was an eligible employee immediately before the dismissal, or deemed retirement, from the Australian Public Service to which the re-appointment relates; and
 (iii) was not an eligible employee during a period comprising the