Maternity Leave (Australian Government Employees) Regulations

Legislation au C1974L00082 Regulations Not in force Legislative Instrument

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1974 No. 82

REGULATIONS UNDER THE MATERNITY LEAVE (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Maternity Leave (Australian Government Employees) Act 1973.

Dated this fifteenth day of May, 1974.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

KEP ENDERBY

Minister of State for Secondary Industry

for and on behalf of the Prime Minister.

__________

MATERNITY LEAVE (AUSTRALIAN GOVERNMENT EMPLOYEES) REGULATIONS

Citation.

1. These Regulations may be cited as the Maternity Leave (Australian Government Employees) Regulations.

Commencement.

2. These Regulations shall be deemed to have come into operation on the date of commencement of the Act.

Definition.

3. In these Regulations, “the Act” means the Maternity Leave (Australian Government Employees) Act 1973.

Prescribed bodies corporate.

4. For the purposes of the definition of “prescribed authority” in section 3 of the Act, a body corporate specified in Schedule 1 is declared to be a body corporate in relation to which the Act applies.

Prescribed persons.

5. For the purposes of paragraph 5 (1) (b) of the Act—

(a) persons who hold office in, or are members, officers or employees of, a body corporate referred to in regulation 4; or

(b) persons employed by the Commonwealth who are specified in Schedule 2,

are prescribed persons.

* Notified in the Australian Government Gazette on 21 May 1974.

SCHEDULE 1 Regulation 4

PRESCRIBED BODIES CORPORATE

Australian Atomic Energy Commission established under the Atomic Energy Act 1953-1973

Australian Broadcasting Control Board established under the Broadcasting and Television Act 1942-1973

Australian Broadcasting Commission established under the Broadcasting and Television Act 1942-1973

Australian Capital Territory Electricity Authority established under the Australian Capital Territory Electricity Supply Act 1962-1973

Australian Coastal Shipping Commission established under the Australian Coastal Shipping Commission Act 1956-1973

Australian Film Development Corporation established under the Australian Film Development Corporation Act 1970-1973

Australian Institute of Aboriginal Studies established under the Australian Institute of Aboriginal Studies Act 1964-1973

Australian Institute of Criminology established under the Criminology Research Act 1971-1973

Australian Institute of Marine Science established under the Australian Institute of Marine Science Act 1972-1973

Australian Stevedoring Industry Authority established under the Stevedoring Industry Act 1956-1973

Australian Tourist Commission established under the Australian Tourist Commission Act 1967-1973

Canberra Hospital Management Board established under the Canberra Hospital Ordinance 1938-1973 of the Australian Capital Territory

Canberra Theatre Trust established under the Canberra Theatre Trust Ordinance 1965-1974 of the Australian Capital Territory

Cities Commission established under the Cities Commission Act 1972-1973

Commonwealth Bureau of Roads established under the Commonwealth Bureau of Roads Act 1964-1973

Commonwealth Railways Commissioner established under the Commonwealth Railways Act 1917-1973

Commonwealth Scientific and Industrial Research Organization established under the Science and Industry Research Act 1949-1973

Commonwealth Serum Laboratories Commission established under the Commonwealth Serum Laboratories Act 1961-1973

Export Payments Insurance Corporation established under the Export Payments Insurance Corporation Act 1956-1973

The Film and Television School established under the Film and Television School Act 1973

Housing Commission established under the Housing Ordinance 1959-1973 of the Northern Territory of Australia

Housing Loans Insurance Corporation established under the Housing Loans Insurance Act 1965-1973

Metric Conversion Board established under the Metric Conversion Act 1970-1973

Museums and Art Galleries Board established under the Museums and Art Galleries Ordinance 1965-1970 of the Northern Territory of Australia

National Capital Development Commission established under the National Capital Development Commission Act 1957-1973

National Standards Commission established under the Weights and Measures (National Standards) Act 1960-1973

Northern Territory Port Authority established under the Ports Ordinance 1962-1971 of the Northern Territory of Australia

Northern Territory Tourist Board established under the Tourist Board Ordinance 1962-1970 of the Northern Territory of Australia

Northern Territory Reserves Board established under the National Parks and Gardens Ordinance 1959-1968 of the Northern Territory of Australia

Overseas Telecommunications Commission (Australia) established under the Overseas Telecommunications Act 1946-1973

Pipeline Authority established under the Pipeline Authority Act 1973

Snowy Mountains Engineering Corporation established under the Snowy Mountains Engineering Corporation Act 1970-1973

Snowy Mountains Hydro-electric Authority established under the Snowy Mountains Hydroelectric Power Act 1949-1973

SCHEDULE 2 Regulation 5

PRESCRIBED PERSONS

1. Officers holding office under the Australian Electoral Office Act 1973.

2. Officers and employees employed by the Australian Security Intelligence Organization established by the Australian Security Intelligence Organization Act 1956.

3. Persons holding office in, or employed by, the Australian Services Canteens Organization Board of Management established by the Australian Services Canteens Organization Regulations.

4. Commonwealth Police Officers appointed under the Commonwealth Police Act 1957-1973.

5. The Chairman of the Australian Industrial Research and Development Grants Board established by the Industrial Research and Development Grants Act 1967-1973.

6. Persons employed in a civil capacity under the Naval Defence Act 1910-1973.

7. First Parliamentary Counsel and Second Parliamentary Counsel holding office under the Parliamentary Counsel Act 1970-1973.

8. Persons who constitute the Police Force of the Australian Capital Territory within the meaning of the Police Ordinance 1927-1972 of the Australian Capital Territory.

9. Persons who constitute the Northern Territory Police Force within the meaning of the Police and Police Offences Ordinance 1923-1973 of the Northern Territory of Australia.

10. Officers of the Public Service of the Northern Territory employed under the Public Service Ordinance 1928-1973 of the Northern Territory of Australia.

11. Commissioner of Trade Practices holding office under the Restrictive Trade Practices Act 1971-1973.

12. Officers appointed under the Trade Commissioners Act 1933-1973.

13. Persons employed at non-official post offices, including telephone office keepers, non-official post masters and non-official post mistresses, being persons who transact, during normal business hours, not less than 75,000 business units in a period of 12 months.

Overview

The Maternity Leave (Australian Government Employees) Regulations 1974 were enacted under the Maternity Leave (Australian Government Employees) Act 1973 by the Governor-General of Australia, acting on the advice of the Executive Council. These regulations aim to provide detailed provisions on the implementation and administration of maternity leave for employees of prescribed Commonwealth authorities. They define the scope of prescribed bodies corporate and persons, ensuring that the Act's provisions apply to the appropriate entities and individuals. The primary objective of these regulations is to support working mothers by providing them with a period of leave and protecting their employment rights during their maternity period. The regulations were made to fill a legislative gap identified by the Act, which sought to provide specific and comprehensive guidelines for maternity leave for Australian Government employees. The regulations help to operationalise the policy objectives of the Act by clearly outlining which bodies and individuals are subject to its provisions, thus ensuring that eligible employees receive the necessary leave entitlements and protections.

Scope and Application

The Maternity Leave (Australian Government Employees) Regulations, made under the Maternity Leave (Australian Government Employees) Act 1973, define the scope and application of the Act, which provides maternity leave for employees of the Australian government. These Regulations apply to specific bodies corporate and individuals who hold office in, or are members, officers, or employees of those bodies corporate, as well as to specific persons employed by the Commonwealth. The bodies corporate and prescribed persons are detailed in Schedules 1 and 2 of the Regulations, respectively. The scope of these Regulations is national, as they cover various entities established under federal acts and specific positions within the Commonwealth. It is notable that the Regulations do not explicitly state any exclusions or thresholds; however, the detailed lists in the schedules imply that only those entities and positions explicitly named are covered. The application of these Regulations extends through subordinate instruments, which further detail the provisions of the Act and ensure its implementation across the specified entities and personnel.

Key Provisions

The Maternity Leave (Australian Government Employees) Regulations 1974 (Regulations) are designed to provide specific details and operational guidelines under the Maternity Leave (Australian Government Employees) Act 1973 (Act). The Regulations, which came into effect on the same date as the Act (regulation 2), clarify the scope of the Act by defining its application to certain bodies corporate and persons (regulations 4 and 5). Regulation 4 specifies the prescribed bodies corporate to which the Act applies, and these include various government entities such as the Australian Atomic Energy Commission, the Australian Broadcasting Commission, and the Australian Capital Territory Electricity Authority, among others (Schedule 1). Regulation 5 identifies prescribed persons, which include officers and employees of various government bodies and agencies, such as the Australian Electoral Office, the Australian Security Intelligence Organization, and the Commonwealth Police (Schedule 2). Under the Regulations, certain obligations and requirements are imposed on the prescribed bodies corporate and prescribed persons. These entities must ensure that their employees, particularly those who are female and become pregnant, are afforded the maternity leave entitlements as stipulated by the Act. This includes the obligation to recognise and process maternity leave applications, calculate the appropriate leave periods, and manage the transition of duties during the employee's absence. Additionally, these entities are responsible for providing necessary support and information to employees regarding their maternity leave rights and obligations. Failure to comply with the requirements of the Act and the Regulations may result in civil or criminal consequences. While the specific penalties are not detailed in the Regulations themselves, it is implied that breaches of the Act could lead to legal action, including potential fines or other penalties as prescribed by the relevant legislation. The exact nature and severity of these penalties would depend on the specific breach and the provisions of the Act and any other applicable laws. It is essential for the prescribed bodies corporate and prescribed persons to adhere to these Regulations to avoid any legal repercussions and to ensure the fair treatment of their employees.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.