Document ID: chunk:federal_register_of_legislation:C2023C00339:section:13:p1
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 13 (pt 1/4)
Character Range: 33192–35795

13  Modifications of sections 11 and 12 in relation to service in the Independent State of Papua New Guinea
 (1) In this section:
Australian Staffing Assistance Group means the body formerly established under that name by the Papua New Guinea (Staffing Assistance) Act 1973.
Papua New Guinea has the same meaning as it had in the Papua New Guinea Act 1949 as in force on 15 September 1975.
relevant service means:
 (a) the service of the Independent State of Papua New Guinea;
 (b) the service of a body (not being an incorporated company, society or association) established for a public purpose by or under a law of the Independent State of Papua New Guinea; or
 (c) the service of the Commonwealth in respect of the Australian Staffing Assistance Group.
 (2) This section applies in relation to a person, being an employee, who was, immediately before 16 September 1975, employed in:
 (a) the service of Papua New Guinea;
 (b) the service of a body (not being an incorporated company, society or association) established for a public purpose by or under a law of Papua New Guinea; or
 (c) the service of the Commonwealth as a member of the Australian Staffing Assistance Group.
 (3) Where, during a period (in this section referred to as the period of his or her relevant employment) that commenced on 16 September 1975:
 (a) a person to whom this section applies was employed continuously in a service referred to in paragraph (a) or (b) of the definition of relevant service in subsection (1); or
 (b) a person to whom this section applies was employed continuously in 2 or more of the services referred to in that definition and the periods for which he or she was so employed were continuous with one another;
the person:
 (c) shall, for the purposes of subsection 11(2), be deemed to have been continuously employed in other relevant service during the period of his or her relevant employment; and
 (d) shall, for the purposes of the provisions of this Act other than sections 11, 12 and 14, be deemed to have been continuously employed in a qualifying service during the period of his or her relevant employment.
 (4) For the purposes of subsection (3):
 (a) a period of employment of a person after 15 September 1975 in the service of the Commonwealth as a member of the Australian Staffing Assistance Group shall not be included in his or her period of relevant employment unless it was continuous with, and immediately preceded, a period during which he or she was employed in a service referred to in paragraph (a) or (b) of the definition of relevant service in subsection (1); and
 (b) a