Document ID: chunk:federal_register_of_legislation:C2021A00104:clause:1_40:p1
Version: federal_register_of_legislation:C2021A00104
Segment Type: clause
Provision Reference: sch 1 cl 40 (pt 1/2)
Character Range: 11223–13747

40  Subsection 4(1)
Insert:
Parliament of a State:
 (a) in a case where the State is the Australian Capital Territory—means the Legislative Assembly for the Australian Capital Territory; or
 (b) in a case where the State is the Northern Territory—means the Legislative Assembly of the Northern Territory.
person conducting a business or undertaking has the same meaning as in the Work Health and Safety Act 2011.
public authority of a State means:
 (a) a body that:
 (i) is incorporated (whether before or after the commencement of this definition) for a public purpose by a law of the State; and
 (ii) employs staff on its own behalf; or
 (b) an authority or body that:
 (i) is not a body corporate; and
 (ii) is established (whether before or after the commencement of this definition) for a public purpose by, or in accordance with the provisions of, a law of the State; and
 (iii) employs staff on its own behalf; or
 (c) an incorporated company over which the State, or a body or authority referred to in paragraph (a) or (b), is in a position to exercise control.
sexually harass has the meaning given by section 28A.
Note: Other parts of speech and grammatical forms of "sexually harass" (for example, "sexual harassment") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
State administrative office of a State means:
 (a) an office established by, or an appointment made under, a law of the State; or
 (b) an appointment made by:
 (i) the Governor of the State; or
 (ii) the Administrator of the State; or
 (iii) a Minister of the State;
  otherwise than under a law of the State; or
 (c) an appointment as a director of an incorporated company that is a public authority of the State;
but does not include:
 (d) an office or appointment under a law of the State that corresponds to the Public Service Act 1999; or
 (e) an office of member of the Parliament of the State; or
 (f) an office of a member of the staff of a member of the Parliament of the State; or
 (g) a State judicial office of the State.
Note: A person who holds an office or appointment mentioned in paragraph (d), (e), (f) or (g) is covered by the definition of State employee.
State employee of a State means a person who:
 (a) is appointed or engaged under a law of the State that corresponds to the Public Service Act 1999; or
 (b) holds a State administrative office of the State; or
 (c) is employed by a public authority of the State; or
 (d) is a member of the Parliament of the State; or
 (e) is a member