Commonwealth Numbered Acts

COMMONWEALTH EMPLOYMENT (MISCELLANEOUS AMENDMENTS) ACT 1992 No. 95 of 1992 - SECT 4

4. Section 4 of the Principal Act is amended:

   (a)  by omitting "(other than an administering authority)" from the
definition of "exempt authority" in subsection (1);
(b) by omitting "an administering authority" from paragraph (b) of the
definition of "rehabilitation authority" in subsection (1) and substituting "a
licensed authority";
(c) by omitting subparagraph (c)(ii) of the definition of "Commonwealth
authority" in subsection (1) and substituting the following subparagraph:

"(ii) in which:

                (A)  the Commonwealth has a controlling or substantial
                     interest; or

                (B)  a Territory (other than the Northern Territory) or a body
                     corporate referred to in paragraph (a) or (b) has a
                     controlling interest; and";

   (d)  by omitting paragraph (a) of the definition of "relevant authority" in
        subsection (1) and substituting the following paragraph:

"(a) in relation to an employee who is employed by a licensed authority - that
authority; and";

   (e)  by omitting the definitions of "administering authority" and
        "principal officer" from subsection (1) and substituting the following
        definitions:

" 'administering authority' means a Commonwealth authority that, immediately
before the repeal of Part VIII, was an administering authority under that
Part;
'principal officer', in relation to a Commonwealth authority, means:

   (a)  the person who constitutes, or is acting as the person who
        constitutes, the authority or, if the authority is constituted by 2 or
        more persons, the person who is entitled to preside at any meeting of
        the authority at which he or she is present; or

   (b)  if the affairs of the authority are administered or managed by a board
        or other group of persons - the person who is entitled to preside at
        any meeting of that board or other group at which he or she is
        present;";

   (f)  by inserting in subsection (1) the following definitions:

" 'controlling interest', in relation to a body corporate, means an interest
in the body corporate that enables the person holding the interest to:

   (a)  control the composition of the board of directors of the body
        corporate; or

   (b)  cast, or control the casting of, more than one-half of the maximum
        number of votes that might be cast at a general meeting of the body
        corporate; or

   (c)  control more than one-half of the issued share capital of the body
        corporate (excluding any part of that issued share capital that
        carries no right to participate beyond a specified amount in a
        distribution of either profits or capital);
'licence' means a licence under Part VIIIA;
'licensed authority' means a Commonwealth authority that is the holder of a
licence that is in force;
'previous Commission' means the Commission for the Safety, Rehabilitation and
Compensation of Commonwealth Employees that was established under section  68
of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 as
amended and in force immediately before the commencement of Part 2 of the
Industrial Relations Legislation Amendment Act (No. 3) 1991;
'substantial interest', in relation to a body corporate, means an interest
(other than a controlling interest) in the body corporate that enables the
person holding the interest to cast, or control the casting of, a number of
votes at a general meeting of the body corporate that is equal to or greater
than the number of votes which may be cast, or whose casting may be
controlled, by any other single person;";

   (g)  by omitting from subsection (10) "an administering" and substituting
        "a licensed".