Commonwealth Numbered Regulations - Explanatory Statements

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LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1992 NO.138

Statutory Rules 1992 No. 138

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

Long Service Leave (Commonwealth Employees) Act 19Z6

Long Service Leave (Commonwealth Employees) Regulations (Amendment)

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

Subsection 4(6) of the Act provides that a reference in the Act to a person who is employed by the Commonwealth is to include a reference to a person who is employed by, inter alia, a company that is incorporated under a Commonwealth law and which is declared in the regulations to be a body corporate to which the provision applies.

Section 11 of the Act provides that the period of service of an employee for long service leave purposes is the period during which the employee has been employed continuously in Government Service.

Regulation 3 of the Long Service Leave (Commonwealth Employees) Regulations (the Regulations) provides that for the purposes of subsection 4(6) of the Act, a company referred to in column 2 of Schedule 1A of the Regulations is a body corporate.

The Australian and Overseas Telecommunications Corporation Act 1991 (the AOTC Act) has established the Australian and Overseas Telecommunications Corporation Limited (AOTC Limited), formed as a company by the merger of the Australian Telecommunications Commission (Telecom) and OTC Limited. The relevant parts of the AOTC Act commenced on 1 February 1992.

It has been necessary to amend the Regulations as a consequence of the enactment of the AOTC Act. Prior to the amendment, OTC Limited was a prescribed company under Schedule 1A of the Regulations. As a matter of policy, Telecom was covered by the provisions of the Act by virtue of being a Commonwealth authority.

The reference to OTC Limited in the Schedule was no longer correct and has been replaced with a reference to AOTC Limited. This new prescription includes employees of the former Telecom who are now also employees of AOTC Limited.

Accordingly, Schedule 1A of the Regulations has been amended to replace the existing reference to OTC Limited with a reference to AOTC Limited.