EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 216
MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT)
Issued with the Authority of the Public Service Board
Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973 provides that the Governor-General may make regulations prescribing all matters required or permitted to be prescribed.
Sub-section 33(3) of the Acts Interpretation Act 1901 provides (inter alia) that, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be construed as including a power to amend those regulations.
Maternity Leave (Commonwealth Employees) Act applies, inter alia, to such “prescribed” persons as are employed by a “prescribed authority”. Regulation 4 of the Maternity Leave (Commonwealth Employees) Regulations defines “prescribed authority” as those listed in Schedule 1 and Schedule 2 of the regulations. Column 1 item 7 of Schedule 1 of the regulations lists the “Australian Broadcasting Commission” as a “prescribed authority”. Pursuant to section 5 of the Australian Broadcasting Corporation Act 1983, the Australian Broadcasting Commission is now known as Australian Broadcasting Corporation. Accordingly, the statutory rules repealed the reference to “Commission” in Schedule 1 and substitutes the word “Corporation” in its place.