EXPLANATORY STATEMENT
COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) REGULATIONS (AMENDMENT)
STATUTORY RULES 1982 NO 201
Issued with the Authority of the Public Service Board
Sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979 enables the Governor-General to make regulations prescribing all matters which are required or permitted to be prescribed.
The Act applies to officers and employees under the Public Service Act 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 purposes of this 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 on its own behalf;’
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.’
The proposed regulation inserts the National Standards Commission, a body corporate incorporated for a public purpose by an Act, into the list of statutory authorities which the regulations declare to be “prescribed Commonwealth authorities” for the purposes of the Act. The Commission employs staff on its own behalf and has informed the Minister in writing of its consent to being declared.