EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 5
COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979 (the Act) enables the Governor-General to make regulations prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act applies to officers and employees under the Public Service Act 1922 and to staff of prescribed Commonwealth authorities. Sub-section 3(1) of the Act defines ‘prescribed Commonwealth authority’ to mean, insofar as is relevant, an authority or other body that is declared by the regulations to be a prescribed Commonwealth authority for the purpose of the Act, being -
‘(a) a body corporate incorporated, whether before or after the commencement of this Act, for a public purpose by an Act, regulations made under an Act or a law of a Territory (other than the Northern Territory), being a body employing staff otherwise than under the Public Service Act 1922;’.
Sub-section 3(3) provides that:
‘Regulations shall not be made for the purposes of the definition of “prescribed Commonwealth authority” in sub-section (1), being regulations that declare an authority or other body to be a prescribed Commonwealth authority for the purposes of this Act, unless the authority or other body has informed the Minister, in writing, that it consents to its being so declared.’
Section 4 of the Dairy Produce Act 1924 provides that the Australian Dairy Corporation is a body corporate. The Corporation employs staff otherwise than under the Public Service Act 1922.
In accordance with sub-section 3(3) of the Act the Corporation has indicated in writing that it consents to being declared a prescribed Commonwealth authority for the purposes of the Act.
The regulation inserted the Australian Dairy Corporation into the list of statutory authorities which the regulations declare to be prescribed Commonwealth authorities for the purposes of the Act so that staff of the Commission will be subject to the provisions of the Act.