Maternity Leave (Commonwealth Employees) Regulations 2017
made under the
Maternity Leave (Commonwealth Employees) Act 1973
Compilation No. 2
Compilation date: 1 July 2019
Includes amendments up to: F2019L00942
Registered: 25 July 2019
About this compilation
This compilation
This is a compilation of the Maternity Leave (Commonwealth Employees) Regulations 2017 that shows the text of the law as amended and in force on 1 July 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
3 Authority
5 Definitions
6 Prescribed authorities—bodies corporate
7 Prescribed authorities—unincorporated bodies
8 Unauthorised absence
9 Persons to whom the Act applies
Schedule 1—Persons to whom the Act applies
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name
This instrument is the Maternity Leave (Commonwealth Employees) Regulations 2017.
3 Authority
This instrument is made under the Maternity Leave (Commonwealth Employees) Act 1973.
5 Definitions
In this instrument:
Act means the Maternity Leave (Commonwealth Employees) Act 1973.
6 Prescribed authorities—bodies corporate
For the purposes of paragraph (a) of the definition of prescribed authority in subsection 3(1) of the Act, each of the following is declared to be a body corporate in relation to which the Act applies:
(a) the Anindilyakwa Land Council;
(b) the Australia Council;
(c) the Australian Broadcasting Corporation;
(d) the Australian Film, Television and Radio School;
(e) the Australian Institute of Marine Science;
(f) the Australian Nuclear Science and Technology Organisation;
(g) the Australian Postal Corporation;
(ga) the Australian Securities and Investments Commission;
(h) the Central Land Council;
(i) the Commonwealth Scientific and Industrial Research Organisation;
(j) the Export Finance and Insurance Corporation;
(k) the National Gallery of Australia;
(l) the Northern Land Council;
(m) the Tiwi Land Council;
(n) the Wreck Bay Aboriginal Community Council;
(o) Tourism Australia.
7 Prescribed authorities—unincorporated bodies
For the purposes of paragraph (b) of the definition of prescribed authority in subsection 3(1) of the Act, each of the following is declared to be an unincorporated body in relation to which the Act applies:
(a) the Australian Institute of Criminology;
(b) the Australian Law Reform Commission;
(c) the High Court of Australia.
8 Unauthorised absence
For the purposes of subsection 3(2) of the Act, an absence from duty by an employee is an unauthorised absence in relation to that employee if leave for the absence has not been granted in accordance with:
(a) a law of the Commonwealth or a Territory (other than the Northern Territory); or
(b) an instrument made under such a law;
that provides for terms and conditions of employment that are applicable to that employee.
9 Persons to whom the Act applies
For the purposes of paragraph 5(1)(b) of the Act, the following persons are prescribed as persons to whom the Act applies:
(a) an employee of a body corporate referred to in section 6;
(b) an employee of an unincorporated body referred to in section 7;
(c) a member of:
(i) a body corporate referred to in section 6; or
(ii) an unincorporated body referred to in section 7;
who is deemed to be employed by the Commonwealth under paragraph 5(2)(c) of the Act;
(d) a person referred to in Schedule 1.
Schedule 1—Persons to whom the Act applies
Note: See paragraph 9(d).
Item | Person |
1 | Supervising Scientist for the Alligator Rivers Region |
2 | Full‑time member (within the meaning of the Administrative Appeals Tribunal Act 1975) of the Administrative Appeals Tribunal |
3 | Auditor‑General for the Commonwealth |
4 | Australian Statistician |
5 | AFP employee (within the meaning of the Australian Federal Police Act 1979) |
6 | ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) |
7 | Chief Executive Officer of the Australian Trade and Investment Commission |
8 | Full‑time member (within the meaning of the Commonwealth Grants Commission Act 1973) of the Commonwealth Grants Commission |
9 | Electoral officer (within the meaning of Part II of the Commonwealth Electoral Act 1918) |
10 | Person appointed under section 7 of the Competition and Consumer Act 2010 |
11 | Member (within the meaning of the Defence Force Discipline Appeals Act 1955) of the Defence Force Discipline Appeal Tribunal |
12 | FWC Member (within the meaning of the Fair Work Act 2009) |
13 | Person employed under section 13 of the Governor‑General Act 1974 |
14 | Chairperson of the Great Barrier Reef Marine Park Authority |
15 | Person employed under section 33 of the Intelligence Services Act 2001 |
16 | Solicitor‑General of the Commonwealth |
17 | Person employed under Part III or IV of the Members of Parliament (Staff) Act 1984 |
18 | Director‑General of the National Library of Australia |
19 | Administrator of Norfolk Island |
20 | Administrator of the Northern Territory |
21 | Director‑General of the Office of National Assessments |
22 | Commonwealth Ombudsman |
23 | Deputy Commonwealth Ombudsman |
24 | First Parliamentary Counsel |
25 | Second Parliamentary Counsel |
26 | Member (within the meaning of the Productivity Commission Act 1998) of the Productivity Commission |
27 | Race Discrimination Commissioner |
28 | Person to whom a commission has been issued under the Royal Commissions Act 1902 |
29 | Member (within the meaning of the Safety, Rehabilitation and Compensation Act 1988) of the Safety, Rehabilitation and Compensation Commission |
30 | Member (within the meaning of the Screen Australia Act 2008) of Screen Australia |
31 | Managing Director of the Special Broadcasting Service Corporation |
32 | Commissioner of Taxation |
33 | Second Commissioner of Taxation |
34 | Commissioner (within the meaning of the Veterans’ Entitlements Act 1986) of the Repatriation Commission |
35 | Person employed under section 38A of the Intelligence Services Act 2001 |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Maternity Leave (Commonwealth Employees) Regulations 2017 | 7 Nov 2017 (F2017L01450) | 8 Nov 2017 (s 2(1) item 1) | |
Maternity Leave (Commonwealth Employees) Amendment Regulations 2018 | 30 May 2018 (F2018L00679) | 1 July 2018 (s 2(1) item 1) | — |
Maternity Leave (Commonwealth Employees) Amendment (ASIC) Regulations 2019 | 1 July 2019 (F2019L00942) | Sch 1: 1 July 2019 (s 2(1) item 2) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 4..................... | rep LA s 48C |
s 6..................... | am F2019L00942 |
Schedule 1 | |
Schedule 1................ | am F2018L00679 |
Schedule 2................ | rep LA s 48C |