Commonwealth Numbered Regulations - Explanatory Statements

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LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1991 NO. 224

EXPLANATORY STATEMENT

Statutory Rules 1991 No. 224

Long Service Leave (Commonwealth Employees) Regulations (Amendment)

(Issued by the Authority of the Minister for Industrial Relations)

Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 (the Leave Act) provides that the Governor-General may make regulations for the purposes of the Leave Act.

Under sub-section 4(6) of the Leave Act, a reference to a person who is employed by, remunerated by, in the service of, on loan to or appointed or engaged by the Commonwealth shall be read as including a reference to a person who is employed by, remunerated by, in the service of, on loan to or appointed or engaged by -

(a)       a public authority of the Commonwealth;

(b)       a body (not being a public authority of the Commonwealth) established by or under a law of the Commonwealth or of an internal Territory that is declared by the regulations to be a body to which this subsection applies; or

(c)       a company that:

(i)        is incorporated (whether before or after the commencement of this paragraph) under a law of the Commonwealth or a law in force in a State or Territory;

(ii)       is a trading corporation, or a financial corporation, within the meaning of section 51(xx) of the Constitution; and

(iii)       is declared by the regulations to be a body corporate to which this paragraph applies.

The Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990 (the CSL Act) was assented to on 22 October 1990. Section 13 of the CSL Act, amongst other things, converted the Commonwealth Serum Laboratories Commission into a public company listed under the Companies Act 1981 (the Commonwealth Serum Laboratories Commission Limited), from 1 April 1991.

On conversion to a public company, Commonwealth Serum Laboratories Limited ceased to be a "public authority of the Commonwealth" for the purposes of paragraph 4(6)(a) of the Leave Act.

Schedule 1A of the Long Service (Commonwealth Employees) Regulations (the Regulations) provides a mechanism for declaring a company to be a body corporate under paragraph 4(6)(c) of the Leave Act.

The amendment to the Regulations inserted "Commonwealth Serum Laboratories Limited" in Schedule 1A - Prescribed Authorities Companies from 1 April 1991. As required by the Acts Interpretation Act 1901, the retrospectivity did not disadvantage any person other than the Commonwealth.


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