Maternity Leave (Commonwealth Employees) Regulations 1982
Statutory Rules No. 163, 1982
Compilation No. 10
Compilation date: 1 May 2016
Includes amendments up to: F2016L00539
Registered: 10 June 2016
About this compilation
This compilation
This is a compilation of the Maternity Leave (Commonwealth Employees) Regulations 1982 that shows the text of the law as amended and in force on 1 May 2016 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 of Regulations
2 Repeal of Maternity Leave (Australian Government Employees) Regulations
3 Interpretation
4 Prescribed authorities
5 Unauthorised absence
6 Persons to whom the Act applies
Schedule 1—Prescribed Authorities—bodies corporate
Schedule 2—Prescribed authorities—unincorporated bodies
Schedule 2A—Prescribed authorities—companies
Schedule 3—Prescribed persons
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Regulations
These Regulations are the Maternity Leave (Commonwealth Employees) Regulations 1982.
2 Repeal of Maternity Leave (Australian Government Employees) Regulations
Statutory Rules 1974 No. 82 and Statutory Rules 1978 No. 107 are repealed.
3 Interpretation
In these Regulations, the Act means the Maternity Leave (Commonwealth Employees) Act 1973.
4 Prescribed authorities
For the purposes of the definition of prescribed authority in section 3 of the Act:
(a) a body corporate specified in column 2 of Schedule 1 in an item in that Schedule is declared to be a body corporate; and
(b) an unincorporated body specified in column 2 of Schedule 2 in an item in that Schedule is declared to be an unincorporated body; and
(c) a company specified in column 2 of an item in Schedule 2A is declared to be a body corporate;
in relation to which the Act applies.
5 Unauthorised absence
For the purposes of subsection 3(2) of the Act, an absence from duty by an employee, being an absence in respect of which leave has not been granted in pursuance of a law of the Commonwealth or of a Territory (other than the Northern Territory), or any instrument made or issued under such a law, that provides for terms and conditions of employment that are applicable to that employee is an unauthorized absence in relation to that employee.
6 Persons to whom the Act applies
(1) For the purposes of subparagraph 5(1)(b) of the Act, the following persons are persons to whom the Act applies:
(a) a member or an employee of a body corporate referred to in column 2 of Schedule 1;
(b) a member or an employee of an unincorporated body referred to in column 2 of Schedule 2;
(c) subject to subregulation (2), an employee of a company referred to in column 2 of Schedule 2A;
(d) a person referred to in column 2 of Schedule 3.
(2) A reference in paragraph (1)(c) to an employee of a company does not include a reference to a person employed by ANL Limited under an industrial award binding on the Australian Shipping and Travel Officers Association.
Schedule 1—Prescribed Authorities—bodies corporate
paragraph 4(a)
Column 1 Item | Column 2 Body corporate |
1 | Aboriginal Development Commission |
2 | Aboriginal Land Councils |
2A | A.C.T. Institute of Technical and Further Education |
3 | Advisory Council for Inter‑Government Relations |
4 | Albury‑Wodonga Development Corporation |
5 | Australia Council |
7 | Australian Broadcasting Corporation |
8 | Australian Capital Territory Electricity and Water Authority |
10 | Australian Dairy Corporation |
11 | Australian Dried Fruits Corporation |
12 | Australian Film Commission |
12A | Australian Fisheries Management Authority |
13 | Australian Honey Board |
14 | Australian Institute of Aboriginal Studies |
15 | Australian Institute of Criminology |
16 | Australian Institute of Marine Science |
17 | Australian Institute of Multicultural Affairs |
18 | Australian Maritime College |
18A | Australian Meat and Live‑stock Corporation |
19 | Australian National Gallery |
20 | Australian National Railways Commission |
20A | Australian Nuclear Science and Technology Organisation |
21 | Australian Overseas Projects Corporation |
22 | Australian Postal Commission |
23 | Australian Sports Drug Agency |
25 | Australian Tobacco Board |
26 | Australian Tourist Commission |
26A | Australian Trade and Investment Commission |
27 | Australian Trade Union Training Authority |
27A | Board of Health |
28 | Canberra Institute of the Arts |
29 | Canberra Theatre Trust |
30 | Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees |
31 | Commonwealth Scientific and Industrial Research Organization |
33 | Export Finance and Insurance Corporation |
34 | Housing Loans Insurance Corporation |
34A | Insurance and Superannuation Commission |
35 | Law Reform Commission |
36 | Legal Aid Commission (A.C.T.) |
38 | Milk Authority of the Australian Capital Territory |
40A | National Exhibition Centre Trust |
40B | National Occupational Health and Safety Commission |
41 | National Standards Commission |
43 | Parliament House Construction Authority |
44 | Pipeline Authority |
46 | Snowy Mountains Hydro‑electric Authority |
47 | The Australian Film and Television School |
48 | The Trustees of the Canberra Public Cemetery |
49 | The Trustees of the Services Canteens Trust Fund |
Schedule 2—Prescribed authorities—unincorporated bodies
paragraph 4(b)
Column 1 Item | Column 2 Unincorporated body |
1 | High Court of Australia |
2 | Institute of Family Studies |
Schedule 2A—Prescribed authorities—companies
paragraph 4(c)
Column 1 Item | Column 2 Name of company |
1 | ANL Limited |
3 | Australian Defence Industries Limited |
Schedule 3—Prescribed persons
(paragraph 6(1)(d))
Column 1 Item | Column 2 Person |
1 | Full‑time member of the Administrative Appeals Tribunal |
2 | Auditor‑General for the Commonwealth |
2A | Member of the Australian Competition and Consumer Commission |
3 | Australian Statistician |
4 | Electoral Commissioner |
5 | Deputy Electoral Commissioner |
6 | Australian Electoral Officer for a State |
7 | Full‑time member of the Australian Film Commission |
8 | A person employed in the Australian Security Intelligence Organization |
9 | Chairman of the Australian Science and Technology Council |
10 | Full‑time Deputy Chairman of the Australian Science and Technology Council |
11 | Managing Director of the Army and Air Force Canteen Service Board of Management |
12 | A person employed by the Army and Air Force Canteen Service Board of Management |
13 | Member of the Australian Broadcasting Tribunal |
14 | Executive Director of the Special Broadcasting Service |
15 | Full‑time member of the Commonwealth Grants Commission |
16A | Staff member of the Australian Federal Police |
19 | Commissioner of the Australian Industrial Relations Commission |
19A | Member of Fair Work Australia |
21 | Member of the Courts‑Martial Appeal Tribunal |
22 | Magistrate exercising the jurisdiction of the Court of Petty Sessions in the Australian Capital Territory |
24 | Member of the Censorship Board |
25 | Supervising Scientist for the Alligator Rivers Region |
26 | Fire Commissioner of the Australian Capital Territory Fire Brigade |
27 | Member of the Australian Capital Territory Fire Brigade |
28 | Chairman of the Great Barrier Reef Marine Park Authority |
30 | Commissioner of the Productivity Commission |
31 | Associate Commissioner of the Productivity Commission |
34 | Solicitor‑General of the Commonwealth |
35 | Life Insurance Commissioner |
36 | Director‑General of the National Library of Australia |
37 | Director of National Parks and Wildlife |
38 | A person employed in a civil capacity under the Naval Defence Act 1910 |
39 | Administrator of Norfolk Island |
40 | Administrator of the Northern Territory of Australia |
41 | Director‑General of the Office of National Assessments |
42 | Commonwealth Ombudsman |
43 | Deputy Commonwealth Ombudsman |
44 | First Parliamentary Counsel |
45 | Second Parliamentary Counsel |
49 | Commissioner for Community Relations |
50 | Member of the Repatriation Commission |
53 | A person to whom a commission has been issued under the Royal Commissions Act 1902 |
55 | Full‑time member of the Commonwealth Schools Commission |
57 | Chairman of the Superannuation Fund Investment Trust |
58 | A person employed under section 10 of the Supply and Development Act 1939 |
59 | Commissioner of Taxation |
60 | Second Commissioner of Taxation |
61 | Full‑time Commissioner of the Commonwealth Tertiary Education Commission |
62 | Trade Commissioner |
63 | Assistant Trade Commissioner |
65 | Executive member of the Export Development Grants Board |
66 | A person employed at a non‑official post office, including a telephone office keeper and a non‑official post mistress |
67 | A person employed under Part III or IV of the Members of Parliament (Staff) Act 1984 |
68 | A person employed under section 13 of the Governor‑General Act 1974 as a member of the Governor‑General’s staff |
69 | A person employed under section 33 of the Intelligence Services Act 2001 as an employee of the Australian Secret Intelligence Service |
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
Number and year | Registration | Commencement | Application, saving and transitional provisions |
1982 No. 163 | 5 July 1982 | 5 July 1982 |
|
1983 No. 216 | 6 Oct 1983 | 6 Oct 1983 | — |
1984 No. 220 | 31 Aug 1984 | 1 Sept 1984 | — |
1984 No. 235 | 13 Sept 1984 | 13 Sept 1984 | — |
1984 No. 434 | 19 Dec 1984 | 19 Dec 1984 | — |
1985 No. 366 | 20 Dec 1985 | 20 Dec 1985 | — |
1985 No. 382 | 20 Dec 1985 | 6 Jan 1986 | — |
1987 No. 210 | 2 Oct 1987 | 2 Oct 1987 | — |
1987 No. 326 | 22 Dec 1987 | 1 Jan 1988 | — |
1988 No. 28 | 10 Mar 1988 | 10 Mar 1988 | — |
1988 No. 358 | 21 Dec 1988 | 1 Apr 1989 (r 1 and gaz 1989, No. S92) | — |
1989 No. 130 | 21 June 1989 | 1 Mar 1989 | — |
1989 No. 148 | 30 June 1989 | 1 July 1989 | — |
1989 No. 241 | 15 Sept 1989 | 15 Sept 1989 | — |
1990 No. 383 | 6 Dec 1990 | 6 Dec 1990 | r 3 |
1990 No. 473 | 9 Jan 1991 | 9 Jan 1991 | — |
1991 No. 223 | 5 July 1991 | 1 Apr 1991 | — |
1991 No. 326 | 29 Oct 1991 | 29 Oct 1991 | — |
1992 No. 10 | 31 Jan 1992 | 3 Feb 1992 | — |
1992 No. 57 | 5 Mar 1992 | 5 Mar 1992 | — |
1992 No. 137 | 9 June 1992 | 9 June 1992 | — |
1995 No. 329 | 3 Nov 1995 | 6 Nov 1995 (r 1 and gaz 1995, No. S423) | — |
1998 No. 113 | 27 May 1998 | 27 May 1998 | r 4 |
2005 No. 207 | 19 Sept 2005 (F2005L02673) | 1 Oct 2005 (r 2) | — |
2009 No. 167 | 30 June 2009 (F2009L02565) | 1 July 2009 (r 2) | — |
No. 34, 2013 | 20 Mar 2013 (F2013L00500) | 21 Mar 2013 (s 2) | — |
95, 2015 | 26 June 2015 (F2015L00953) | 1 July 2015 (s 2(1) item 1) | — |
Name | Registration | Commencement | Application, saving and transitional provisions |
Trade Legislation Amendment (Australian Trade and Investment Commission) Regulation 2016 | 19 Apr 2016 (F2016L00539) | Sch 1 (item 20): 1 May 2016 (s 2(1) item 1) | — |
Act | Number and year | Assent date | Commencement | Application, saving and transitional provisions |
Snowy Mountains Engineering Corporation Limited Sale Act 1993 | 54, 1993 | 27 Oct 1993 | s 8: 9 Nov 1993 (s 2(2) and gaz 1993, No S334) |
|
CSL Sale Act 1993 | 88, 1993 | 30 Nov 1993 | s 12: 3 June 1994 (s 2(2) and gaz 1994, No S209) | s 12(2) |
ANL Sale Act 1995 | 136, 1995 | 5 Dec 1995 | Sch 2 (items 7–9): never commenced (s 2(3)) | — |
Telstra (Transition to Full Private Ownership) Act 2005 | 118, 2005 | 23 Sept 2004 | Sch 1 (item 53): 24 Nov 2006 (s 2(1) item 3B) | — |
Endnote 4—Amendment history
Provision affected | How affected |
r. 1..................... | rs. 2005 No. 207 |
r. 4..................... | am. 1988 No. 358; 1989 Nos. 148 and 241 |
r. 6..................... | am. 1989 Nos. 148 and 241 |
| rs. 1992 No. 57 |
Schedule 1 |
|
Schedule 1................ | am. 1983 No. 216; 1984 Nos. 235 and 434; 1985 Nos. 366 and 382; 1987 Nos. 210 and 326; 1988 No. 28; 1989 No. 148; 1991 Nos. 223 and 326; 1992 Nos. 10 and 137; 2005 No. 207; F2016L00539 |
Schedule 2A |
|
Schedule 2A.............. | ad. 1989 No. 241 |
| am. 1990 No. 383; 1991 No. 223; 1992 No. 137; Acts Nos. 54 and 88, 1993; Act No. 118, 2005 |
Schedule 3 |
|
Heading to Schedule 3........ | rs. 2009 No. 167 |
Schedule 3................ | am. 1984 Nos. 220 and 235; 1985 No. 366; 1989 Nos. 130, 148 and 241; 1990 No. 473; 1991 No. 326; 1992 No. 57; 1995 No. 329; 1998 No. 113 ; 2009 No. 167; No. 34, 2013; No 95, 2015 |